Bankchargesnotus V Yorkshire Bank

[bankchargesnotus]

Claiming initially £1727.00 and £2127.00 from Yorkshire Bank from two separate (open) accounts

 

Sent DPA Letters 16/11/2006

Received statements 13/12/2006

Sent Request for repayment of charges 18/12/2006

Reply received 27/12/2007 - Pretty much expected telling me to go away !!!!

Sent LBA on 06/02/2007 - Bit of a delay as ill for three weeks with tonsilitis (twice) - Lame excuse I know.

Recieved letter saying "Reopening your complaint" dated 13/02/2007 - Stating they hope to respond to my complaint shortly.

Hear nothing again in the time leading up to 14 day deadline so trotted along to my local county court on 26/02/2007 and filed my money claim.

Claim was issued by court on 27/02/2007

Claimed for the two amounts (accounts) together which is £3854 plus 8% £946.73 totalling £4800.73

Letter reeived dated 02/03/2007 with cheque enclosed for £1927.00, (exactly half of the £3854) strangely the cheque was dated 26/02/2007 so not sure if cheque had already been raised before they got my court papers.

Photocopied the cheque and sent it back on 05/03/2007 along with template letter saying thanks but no thanks.

Got a letter from Court on 15/03/2007 stating that YB had filed an acknowledgement of service on 12/03/2007.

Solicitors acting for the defendant are Clydesdale Bank Plc T/A Yorkshire Bank, Legal Services, Glasgow.

Recieved

vbrep_register("654503")

[caro]

Everything as usual then. Thanks for the update and well done on getting this far.

[bankchargesnotus]

Thanks Caro, do you think any OFT decision would have any bearing on my case, is there a chance it could be settled by then do you think??

[caro]

The OFT will make no difference whatsoever in my opinion, or at least not for a long time. You might find the Whistleblower programme tomorrow of interest to your case though.

[bankchargesnotus]

Thanks Caro, thats a relief. Whistblower been set for Sky plus for days!!!

 

I know its pretty much how long is a piece of string but unfortunately couldn't go back to work after having my son so in dire need of cash at the mo, when I got the first offer I thought full offer wouldn't be too far behind, now not so sure, any indication you can give me about how long it may take, shortest to longest from the stage i'm at would be much appreciated, would be great to pay off a few bills!!!!

 

Thanks again

[caro]

Well, in my case I did my court claim in June and got my money at the end of January, but they don't all take quite that long.

 

Don't count on it until it's in your hand.

[bankchargesnotus]

Thx!!!

 

XXX

[bankchargesnotus]

Received a Notice that a defence has been filed this morning bit baffled by the wording, anyone seen this before????????

 

You have already been sent a copy of a defence received from the defendants in this claim (which I have). The time for all the defendants to file their defences has now elapsed and I am enclosing an allocation questionnaire for you to complete. No further defences have been recieved.

 

My other one simply said the defendant has filed a defence, a copy of which is enclosed!!!

 

Any comments greatly appreciated

[caro]

I think it just means you need to complete the AQ, but just carefully read it again to make sure you haven't missed anything. Maye different court staff do things slightly differently, but just ring the court and check if you have any doubts about what is required.

[zootscoot]

Hi Bankcharges,

 

Don't forget to include the draft orders for directions in you a/q. Add something to include a request for disclosure of CYNthesys.

 

Best of luck

 

Zoot

[bankchargesnotus]

Thanks Caro, I'll ring tomorrow just to be sure everything is as it should be:)

 

Zoot, can I just ask what is "a request for disclosure of CYNthesys" :idea:

 

Thx

[zootscoot]

Send the following draft orders for directions with your allocation questionnaire which includes a request for disclosure of CYNthesys:

 

 

 

 

 

In the XXXXX County Court

Claim Number XXXXXX

Between

 

 

XXXXXX – Claimant

And

Clydesdale Bank PLC T/A Yorkshire Bank

 

 

 

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

  
  

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

  
  

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  
  

• d) Copies of decided cases and other legal materials to be relied upon.

  
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

  
  

• b) Whether such charge is accepted to be a penalty, and if not why not;

  
  

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was including disclosure of CYNthesys, the defendant's costs analysis system ;

  
  

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

  
  

• f) Copies of decided cases and other legal materials to be relied upon.

  
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order

[bankchargesnotus]

Thanks Zoot, done that all ready to go in the post tomorrow.

 

Thx again

[bankchargesnotus]

Spoke to court finally yesterday, they said everything was in order I have not missed anything so sent AQ yesterday, just waiting now, hopefully they will cave soon

[bankchargesnotus]

Filled my AQ to reach them for 13 April (Not due until 23).

 

Opened an envelope this morning from Clydesdale Bank, Legal Services offering me £3924 plus court costs, it states that

'No offer is made in respect of interest as that is awarded only at the discretion of the Court, and in our view the Court would not exercise its discretion to award interest in your favor given that the charges were levied as a result of your own actions and failures'

 

It states the offer is Without Prejudice save as to costs.

 

The interest totals nearly £1000 alone so not taking this offer will pop in chat room for best advice but any thoughts much appreciated.

 

One thing I did notice though is they are offering £3924 when I only claimed (without the interest) £3854, and they are offereing the £120 court costs which I did not pay or include on the claim for cos I get WTC.

 

I did ring the court today to see if they have submitted their AQ which is due 23 April, they have not as yet and I checked with court they they do not know I have submitted mine, I am assuming from this letter they have sent this pre AQ so they dont need to bother.

 

Getting closer, can almost smell the money!!!!!

[Guest ChloeJane]

Bank,

 

It would be your choice to settle - or to go for the rest and I personally would argue for the rest!

 

I would personally turn down the offer and send the refusal letter.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

 

Without prejudice is not admitting liability so its up to you whether you take the money and run, or like everyone else stand your ground!

 

good luck.......

[livelylad]

'No offer is made in respect of interest as that is awarded only at the discretion of the Court, and in our view the Court would not exercise its discretion to award interest in your favor given that the charges were levied as a result of your own actions and failures'

 

What a load of rubbish. If the court would take this view then why does YB not continue to court? Surely if the charges are a result of your actions then why dont they go to court and argue that? Oh I know.. the charges are unlawful penalties!!! Interesting that they dont state their charges to be fair and transparent.

 

 

Just continue for the full amount.

[bankchargesnotus]

Would you send a rejection letter or just ignore their letter, I saw someone on here with YB ignored their offer at this stage and they sent the full offer the following week.

 

And if they dont make the full offer soon could this go on for quite a while yet? I know i'm closer to the end that the beginning but it still feels like a really long way off.

 

XX

[Guest ChloeJane]

Hi again,

 

Send the letter of rejection off Banks.

 

This gives the bank written notice that you have rejected the offer, just saying nothing they may assume that you have accepted.

 

Everything in writing is a good idea!

 

The link for the template is above.

 

Good luck!

[livelylad]

I would send the rejection letter and re affirm your demands for the full amount.

[bankchargesnotus]

Got copy of AQ sent directly from Bank today.

 

Will draft and send the rejection letter tomorrow from the templates.

[bankchargesnotus]

Phoned court today just to check they had submitted their AQ to them and they have not, court admin are going approach judge to issue a unless order giving them an extra 5 days or their defence will be struck out.

 

It does really make me laugh though them getting the extra five days, we wouldn't as inidividuals if we had not submitted on time but they who are staffed by hundreds or even thousands in some cases, get extra time!!!

[caro]

I thought you had their AQ, so I would think the courts would have been sent one at the same time.

[bankchargesnotus]

Your right I did get a copy, I actually rang the courts to see if or when it had been put in front of the judge to see what the outcome was and they told me they have not received it, must be an admin error or time wasting !

[caro]

It can take several weeks for the judge to look at AQ's depending on any backlogs they may have. Don't start holding your breath just yet.