maggiemay v YB

[caro]

What did the court order say? Do you need to submit a new AQ? Check exactly what it says.

[maggiemay48]

What did the court order say? Do you need to submit a new AQ? Check exactly what it says.

 

Judge has that this claim is stayed untill 23 april to enable parties to attempt settlement, On or before 7may one of the following steps must be taken The claimant must notify the court if the bank have settled.Or the claimant or defendent must write to the court requesting a extension of the stay and explaining the steps being taken towards settlement and identifying any mediator.expert or other person helping with the process the letter should confirm the aggrement of all the parties. Or all parties must file a completed AQ at the court.Where a settlement of some of the issues in dispute has been reached. a list of those issues should be attached to the completed questionaire.The list must be agreed with the other parties and must indicate that has been agreed.

[caro]

Right, so you need to submit another AQ by 7 May then as nothing has been settled, but there shouldn't be a fee for it, as you've already paid that.

[maggiemay48]

Right, so you need to submit another AQ by 7 May then as nothing has been settled, but there shouldn't be a fee for it, as you've already paid that.

 

Caro do i ring the courts for this? And will they have one sent (the bank)

[caro]

Yes both you and the bank should send one, but if the court didn't send one give them a ring and check with them.

[maggiemay48]

Yes both you and the bank should send one, but if the court didn't send one give them a ring and check with them.

 

Thanks caro.I will ring courts tommorrow.

[maggiemay48]

I rang the courts I had to write a letter to them stateting i havent heard anything from the bank.Its up to the judge to decide where to go from here.Just waiting for a letter now.I did ring again They are very busy the lady said theyre are behind .Alot more people demanding money back form banks Will ring at the end of the week

[maggiemay48]

When you get your charges back do they pay you all even the ones your being charged now? i am the stage where i am waiting to get a court date.Will they pay me the lot?

[happyolddog]

Hi maggiemay.

 

When you submit your court bundle then put all charges up to that date.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

You may not be aware that you can claim beyond 6 years, please read in here.

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

 

Good Luck,

Hod.

[Guest louis wu]

When you submit your court bundle then put all charges up to that date.

Basic Court Bundle

 

I am not so sure this is correct. Its my understanding that unless you change your claim (can't remember the form number, but it costs £35 - non claimable), then your bundle should include everything that was mentioned in your N1 of MCOL form, and not anything extra that you want to add on.

 

 

 

When you get your charges back do they pay you all even the ones your being charged now? i am the stage where i am waiting to get a court date.Will they pay me the lot?

 

When the bank call to settle your claim (which they will at some point), mention the other charges and try to get them to refund you. If they refuse, then you will need to start the process agan and claim anything that has accrued since your last claim.

 

Best of luck

 

Louis

[maggiemay48]

Tried paying a bill yesterday.But it declined.Phoned the bank.They said my overdraft has been took off.I reduced it like they asked asked me.So i have to wait for head office to let me know if i can have it back or not.Well p...d off.Its there way of getting back at me.I am waiting for the judge to see which direction to go from here.As the stay is up.

[caro]

Ooh Maggie, they are some sods aren't they? I know they had said they were going to review it, but this is out of order when your account is in dispute. Can I just ask if you were struggling to keep within your overdraft limit lately, or have had many charges?

 

If not this seems like retaliatory action to me, which is against the banking code.

[maggiemay48]

Ooh Maggie, they are some sods aren't they? I know they had said they were going to review it, but this is out of order when your account is in dispute. Can I just ask if you were struggling to keep within your overdraft limit lately, or have had many charges?

 

If not this seems like retaliatory action to me, which is against the banking code.

 

I was struggling.But i had £450 that went in yesterday. so it brought me back up i think.But why do they have to ask head office?If i want to up my limmit i ask they usually put it up.They asked if i can reduce it.Which i did.My overdraft was £600.Now i got down to £400.Just waiting from head office to see what they say.I did write to the ombusman expalining i think i am being victimised.Cause i am claiming back my charges.They must have got onto the bank.Because the lad said to me this has nothning to do with you taking us to court.Its a review.Never had one before.So i am still waiting .Dont know weather to ring the bank again

Thinking about it i have had changes from working to going on incapacity benifit.

[caro]

I think if I were you maggie, I'd open up a new basic account somewhere else, and get your benefits and any other money paid in there as quickly as possible, unless you have another account you can use. Then write to YB reminding them that the account is in dispute, and that they should not take any further action until the dispute is resolved.

 

I opened a Nat West Step account as a parachute account, but lots of banks have basic accounts, although you can't get overdrafts with them. Once your charges are repaid you can clear the YB overdraft once and for all and close the account.

[maggiemay48]

I think if I were you maggie, I'd open up a new basic account somewhere else, and get your benefits and any other money paid in there as quickly as possible, unless you have another account you can use. Then write to YB reminding them that the account is in dispute, and that they should not take any further action until the dispute is resolved.

 

I opened a Nat West Step account as a parachute account, but lots of banks have basic accounts, although you can't get overdrafts with them. Once your charges are repaid you can clear the YB overdraft once and for all and close the account.

 

I have my morgage.Isa accounts. loans. pay all my DDs.My tax credit payed in.family alowance. incopacity benenfit.Every thing gets pay in here.I have opened a other account TSB.I am really peeved of what they have done.

[caro]

I can imagine. I know it's a pain, but I was just thinking it might be worth changing banks anyway. Get YB off your back once and for all. It's up to you.

[maggiemay48]

I can imagine. I know it's a pain, but I was just thinking it might be worth changing banks anyway. Get YB off your back once and for all. It's up to you.

 

My morgage is with yorkshire bank.so are my loans.

[caro]

Ah right. Just a thought.

[robingetz]

I've got a similar problem with these 'people'. They refunded my charges but paid it straight into my account, then reduced my overdraft by the amount they refunded. I only went overdrawn in the first place because of charges. I have already opened another account with a different bank and transferred everything over to that account, but I was expecting to get the refund by cheque so I could pay it in to the new account.

[maggiemay48]

I've got a similar problem with these 'people'. They refunded my charges but paid it straight into my account, then reduced my overdraft by the amount they refunded. I only went overdrawn in the first place because of charges. I have already opened another account with a different bank and transferred everything over to that account, but I was expecting to get the refund by cheque so I could pay it in to the new account.

 

Hi i havent had refund.Phoned the courts this morning.(They were on strike yesterday) The lady said this is the longest yorkshire bank case she has know.In there courts.I am still waiting for head office to let me have my overdraft back.Still heard nothing since monday.They have returned a cheque for my avon charged me £35. B------s. They said its nothing to do with me taking them to court.Yeh right!

I am still overdrawn by £185.I do have this money in a other acount.If they want this paying i will pay it I will wait till they ask..I live in my overdraft and they know it. Thats why they are being funny i think.

[caro]

You need to specify how you want paying and can ask for it by cheque. They cannot impose conditions on the settlement, and that includes how they pay it.

 

Having said that, at least you no longer have the debt if it's been used to reduce the overdraft. I take it the overdraft was more than just charges robingetz.

[robingetz]

Yeah, my overdraft consisted more than charges, but the extra money from the refund would have been better for me and I could have reduced the overdraft by a little and had the rest for myself. Now they are reducing it by £50 a month until it is paid, out of spite I think.

[maggiemay48]

Phoned head office today.Asking about my overdraft.Guess what they said? Its nothing to do with us regarding your overdraft its your local branch, Who put it back on. I rang customer services explained what head office had said.She said i will put you threw to your branch.Then she came back to me.And said they are in the middle of putting your overdraft back on now.Yet they wouldnt speak to me (my branch) It was them all the time being awkward with me.They have till 7 may to pay out or write and explain to the judge why they havent settled with me.

[sajabu2003]

Great news about the overdraft and here's hoping you get some good news regarding your court case in the next day or two

 

Sarah.

[caro]

Glad your overdraft is getting sorted Maggie. I thought it seemed odd that Head Office got involved in overdrafts.

 

Just to let you know that if you are on benefits, and need your money for living expenses etc, you can send the bank a letter of appropriation listing what you need, and they have to let you have the money, as benefits are the minimum amount of money the Government says you need to live on. I've attached a link for you here in case you ever need it.

 

http://www.consumeractiongroup.co.uk/forum/general-debt/36790-bank-taking-your-benefits.html?highlight=letter+of+appropriation#post289030