alymac v yorkshire ***WON***

[JulesTools]

Thanks for the info , doubt it will last `til the 29th , heres looking forward to another payout for you

 

Jules

 

BTW You are more than welcome to join us on the 26th

 

http://www.consumeractiongroup.co.uk/forum/bear-garden/50525-yorkshire-cag-do-26th.html

[alymac]

won

 

received second cheque from the Yorkshire on Saturday, its £120 less than i was claiming, so i need to decide tonight to accept and cash the two cheques i have for both my claims or send the latter one back asking for the £120 which was for my AQ FEE,

 

got back £2700 which has been my longest claim todate.

[caro]

Go for it Alymac, and I suggest you make sure you get the interest up to the date of your settlement. You are in the driving seat so keep control.

[alymac]

thanks, decided not to accept their offer of £1900, its £120 plus a few days interest short, sent schedule of charges, will see what happens next,

[caro]

Better in your pocket than theirs.

[alymac]

i received a cheque today for full and final payment just over £2000, which i tried to bank but as its in joint names the back will not accept it. how am i going to get round this one?

[xiona]

Many must have encountered this problem, surely if you're the claimant you can request the cheque in your name only since the joint a/c no longer exists or the relationship.

 

Anyone know?

[alymac]

bump anyone?

[Bigmac versus]

Was this claim entered into with both names?

[alymac]

no,claimed in my name only, which the yb had tried to throw it out,

 

its up in court on monday!

[Bigmac versus]

Need to phone them to have it concluded before court, do you still bank with them, if so ask them to credit the account, or give them your other bank account details and ask them to bacs it through, although your cutting it fine for monday as you still have the cheque and id assume they wont do any of that without that cheque back.

[caro]

Did you get a copy of the court bundle for YB? Also witness statements? I'm guessing not. If you haven't got the payment by Monday phone the court for advice. As I see it you don't have cleared funds in the bank so you haven't been paid. I'm not sure how the judge would see it, but I think you may still be able to pursue the court case if you wanted to. If they haven't submitted the bundle, don't turn up, and haven't paid, I think the defence could be struck out and you would win by default. You have them by the throat in my opinion. Check with the court in case I'm getting carried away here.

 

Alternatively you could accept that they will pay and let the court know you've settled.

[alymac]

my claim has been paided out, my problem now is that they have put mine and ex gf names on the cheque, but i cant cash it as its in joint names, my ex lives hundreds of miles away!

 

 

any idears on this?

 

cheque in joint names andhave no longer got this account,

[xiona]

Bump--------

[moss]

Alymac, i would ring the bank first thing monday as they open before the court and inform them they have sent you a cheque you can't cash so haven't paid, it's the same as sending an unsigned cheque, tell them that the hearing is today and you are going to ring the court to inform them. Then ring the court and they will advise you. I would be quite prepared to go down to the court if need be.

[caro]

I agree with Moss. Please answer my questions about the banks bundle etc as this could be crucial. Be prepared to go to court if you don't get a satisfactory answer from the bank on Monday.

 

I have read your whole thread again and it seems you claimed this on your own, the CPR's regarding claims on joint accounts are crucial to your case. You can contact me at [email protected] If you want to leave your landline phone number I will phone you if you think it might be useful.

[alymac]

I was on and off the phone to the Yorkshire on Friday. spoke to a really nice and helpful girl called Louise in there customers relations department. she tried to get the legal dept to see sense and issue one cheque in my name, they were having none of it, i then asked if i get ex to sign disclaimer, they dismist this as well. all they could to do was issue two cheques.

 

fair enough but it was my account that i put ex on to she never used it, never paid a penny in or took a penny out.

 

claim was solely in my name.

 

caro- Yb have not sent me a court bundle, or any witness statements,

[moss]

So what are they saying, if you've split with your partner and no longer have a joint account you cant have your money back or you can only have half, who are they to decide personal issues,surely it's the claimants reasonability to pay anything due to their ex.

[alymac]

thats it i can have half, they will keep the other half, incase my ex makes a claim,

 

so half is around £1000. remember i have paid £220 court fees, plus around £50 in postage,stationery etc.

 

i will go to court on monday, explain this to the judge and see what he says.

 

its took me 8 months to file this claim, a lot of research just to give half it away.

[caro]

I have just left a voice message Alymac. I agree that you should go to court, but in my opinion your best bet witll be to see if the judge will strike out the defence as the bank have not submitted a bundle, and I think are unlikely to go to court. As the bank have paid a cheque it might be seen as settlement, but if your ex claims in future, maybe the bank might refer her to you for payment. Your claim is in your name only so as I see it they have imposed a condition to the settlement that is not unacceptable to you. I'm not sure how that would work. Look again at the CPR on joint claims just in case you need to be clear on it in court.

 

Good luck, and let us know how you get on.

[moss]

Alymac, i would of thought that if the bank settled out of court for a sum equal to the total of your bank charges your ex would then have to claim of you as there is no longer a claim against the bank as all charges on the account have been refunded. I think this is just another obstacle they are putting in your way and a silly one at that as the hearing is today

[moss]

Alymac, how did you get on today ?

[caro]

Yes, come on aly, how'd it go?

[alymac]

ADJOURNED

hi, not to good, was met by Representative of the Clydesdale, he just stated the banks position, judge was up to speed before we went in which was good, he states the my ex must be included on the claim which he then did, but he did state that if we can sort some thing out without the need for further court action.

 

i will try and get ex to sign her share to me, which the bank were not to happy to do last week.

 

judge was happy to go with that, as i stated that half was not good enought.

[caro]

Not as good as you might have hoped then. Do you know who it was representing Clydesdale, and what did they have to say? How did they get away with not submitting the bundle?