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Yourshire Bank court action


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Thank you for the advise Bankfodder. I have prepared the MCOL and saved it until I have seen Whistleblower on Wednesday.

I used the local branch address of Yorkshire Bank, the system could not confirm this address but I guess it is still valid.

I'm claiming £2911 plus int.

Will keep you up to date with progress.

 

Salsaboy

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Sounds a good idea to wait.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I think you'll find New Street Law is being rescheduled. I would seriously wait.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I hope so too, although Barclays seem to be the main focus of the programme. We'll soon know, and a day won't make that much difference to your claim.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 weeks later...

Well the MCOL has gone in and Yorkshire Bank have sent their acknowledgment to the court, of which I now have a copy.

I addressed my claim to Yorkshire Bank at my local branch address in Blackpool, the area office in Leeds has written to say it has gone to the legal department.

Now the acknowledgment has come from Legal Services in Glasgow.

Interestingly they have said under

Defendant's name if different - Clydesdale Bank

I read a tread the other day saying Yorkshire Bank defended saying the name was wrong and should be Clydesdale Bank plc trading as Yorkshire Bank.

So they dont seem to know what they are called :lol:

I will wait for their further comments.

 

Salsaboy

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Clydesdale Bank and Yorkshire Bank are both part of the National Australia Group.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi

 

After having sent in my MCOl, Yourkshire bank had 28 days which runs out at the weekend, but today I recived a copy of there defence. Not sure where I go from here.

Basically they are saying that;

1 Their name is wrong as I only put yorkshire bank.

2 The they have lists all the original agreement on their charges.

3 Basically they say mishandelled the account.

 

Now sure where i go now, assume i will get something from the court.

 

Salsaboy

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Standard stuff. The court will be in touch.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

This is just an undate on my claim, I had sent in my court action, and have been waiting for a date. Recently the court gave me a date in August.

However the Clydesdale Bank PLC t/a Yorkshire has made an offer "without prejudice save as to costs". The offer is they say "for the full value of your claim" but is around £500 short of my figure, and they have not provided any explaination as to where their figure has come from. So where do I go from here.

I intend rejecting the offer as it does not agree my figures, and setting out again how I get to the figure i claimed. But is there any way, I can include charges put on my account since my original claim was sent in to the court.

 

Salsaboy

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  • 2 weeks later...

Current update on my claim.

The bank have replyed, looks as if i have made a mistake on the MCOL. the total claim I entered was the actual total of charges, I had shown the interest separatly, but did not add it on to the total claims figure. I'm I restricted to the total figure shown in the MCOL. The bank have offered this amount, but of course I am not getting any of the £500+ interest.

 

Salsaboy

 

Salsaboy

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Current update on my claim.

The bank have replyed, looks as if i have made a mistake on the MCOL. the total claim I entered was the actual total of charges, I had shown the interest separatly, but did not add it on to the total claims figure. I'm I restricted to the total figure shown in the MCOL. The bank have offered this amount, but of course I am not getting any of the £500+ interest.

 

Salsaboy

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Strange isn't it that they've offered to settle considering they are supposed to be gearing up to a big test case in the Autumn lol!:D

You may receive different advice to your query as people have different experiences and opinions. Please use your own judgement in deciding whose advice to take.

 

If in doubt seek advice from a qualified insured professional. Any advice I have offered you is done so on an informal basis, without prejudice or liability.

 

If you think I have been helpful PLEASE click the scales

 

court bundles for dummies

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You could amend your claim to add on the additional charges and the interest. It may delay your case a bit, but contact the court and see if you can amend your claim and keep the original court date. It's worth a shot. You need an N244 and 35.00 which you cannot claim back. Worth it for 500 quid I would say, especially if you can get wasted costs too.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Caro

Thanks for that.

I have taken to N244 (in triplicate) to the court and paid £65 Court Fee. They have listed this for hearing on the same day as the main claim.

But it looks as if it may be straight foreward, My original MCOL had the figure of actual charges in the claim section, but I had put full details of my interest calculation under the Particulars Section so it is easy to see the mistake i have made.

So I have now written to the bank to advise them of this action, after all it was them would told me the interest was on the MCOL but not included in the total. They have offered the full amount of default charges, but would not move on paying the interest as well.

Now just need to wait for the court hearing.

 

Salsaboy

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They never are keen on paying interest until the last minute. Start thinking about your bundle, and if you pm your email addy to me I'll send you info on CYNthesys.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 4 weeks later...

Hi Caro

 

Thanks for the advice, I've just had 3 weeks holiday sailing so have not been on line.

I had written to the bank telling them I had subbmitted an amendment of my claim to the court, but have not had any reply.

 

Now I in court on Friday 17th this week, and slight panic setting in, my "bundle" is this what I am taking to court and what I say to represent myself.

Also you lost me with e-mailing my "pm", so any further advice would be much appreciated.

Salsaboy

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If it's your full hearing on Friday your court bundle should have been in by now I should think. It normally has to be with the court and the defendant 14 days before the court hearing.

 

Get it done as a matter of urgency and grovel to the court to ask them to accept it late. You might get away with it. There's a good chance that YB will try and stay the case anyway in the light of the OFT test case. Take a copy of this to court with you on Friday, or if YB have already indicated they are applying for a stay, take it to the court when you take your bundle.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html

 

The basic bundle can be found here.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

The date for my bundle to be in was 13th August, yesterday. My hearing date is 26th October, sorry if I gave wrong impression.

I rang the court yesterday and YB havent sent them anything and told me to ring again on Thursday in case YB documents are delayed with postal strike.I have copied GaryH non-compliance letter to send to the bank

alex

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I'm a bit lost as to why you said you were in court on Friday. You could send in the removal of stay but don't expect a bundle from YB. Did you send in the draft directions to the court, and did they use them?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

I meant that I was in court offices to hand in my bundle last Friday.My AQ was dispensed with and the court sent me a letter with the date to have my bundle in by. I didnt send draft directions, just statement of evidence, copy's of letters from me and YB, schedule of charges, early day motions,relevant case law and many more. Have I done it wrong?

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