Yosemite v Yorkshire Bank ***WON***

[yosemite]

Hi,

 

I started my claim against Yorkshire Bank In December and submitted a MCOL after sending all the recommended letters. The Bank has today entered a defence stating that the claimant must obtain the banks agreement before overdrawing and that charges and interest were published in their tariffs. They also deny that the charges are disproportionatel penalty and unenforeceable as alleged in my claim and they were a genuine pre-estimate of cost for failing to keep within the agreed overdraft limit. They further deny that the charges were levied pursuant to a contract term under section 4 of the unfair contracts terms act 1977 and that by virtue of section 15 of the supply of goods services act 1982 the charges fall to be determined by reference to what is reasonable for the service. Therefore section 15 of the act has no application in these proceedings.

They go on to say that the charges were not unfair within the meaning of the unfiar terms in consumer contrct regulations 1999. The charges are not compensation, but a fee for the service provided by the Bank. The believe that the terms and conditions were fair in relation to the cost to the bank of maintaining admin systems relating to unauthorised overdrafts, unpaid cheques etc for the purpose of keeping the level of overdrawing under review and controlled.

HELP. I want to take this all the way and I am prepared to go to court, but I am feeling a bit out of my depth with all this legal jargon. What is my next step do I need to do anything and is what they say true.

 

Any advice would be greatly appreciated

 

Thanks

[Michael Browne]

What is my next step do I need to do anything

Wait for the AQ:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

and is what they say true.

 

What??? A bank, lie to you? How could you think such a thing?

[caro]

I hope a lie is not being suggested as I believe that could be libellous and potentially cause damage to the site, especially without proof.

[HSBCrusher]

I hope a lie is not being suggested as I believe that could be libellous and potentially cause damage to the site, especially without proof.

of course not.

how silly to suggest it in the first place.

[yosemite]

Hi,

 

I started my claim against Yorkshire Bank In December and submitted a MCOL after sending all the recommended letters. The Bank has today entered a defence stating that the claimant must obtain the banks agreement before overdrawing and that charges and interest were published in their tariffs. They also deny that the charges are disproportionatel penalty and unenforeceable as alleged in my claim and they were a genuine pre-estimate of cost for failing to keep within the agreed overdraft limit. They further deny that the charges were levied pursuant to a contract term under section 4 of the unfair contracts terms act 1977 and that by virtue of section 15 of the supply of goods services act 1982 the charges fall to be determined by reference to what is reasonable for the service. Therefore section 15 of the act has no application in these proceedings.

They go on to say that the charges were not unfair within the meaning of the unfiar terms in consumer contrct regulations 1999. The charges are not compensation, but a fee for the service provided by the Bank. The believe that the terms and conditions were fair in relation to the cost to the bank of maintaining admin systems relating to unauthorised overdrafts, unpaid cheques etc for the purpose of keeping the level of overdrawing under review and controlled.

HELP. I want to take this all the way and I am prepared to go to court, but I am feeling a bit out of my depth with all this legal jargon. What is my next step do I need to do anything and is what they say true.

 

Any advice would be greatly appreciated

 

Thanks

Hi

 

I am not suggesting that it is a lie but I am not familiar with legal jargon or all these acts they keep quoting and I suppose what I really want to know is how to reply to these issues. I would like to hear from anyone else who has claimed or is claiming from Yorkshire Bank.

[HSBCrusher]

Just jesting!

 

Be sure to watch whistleblower, bbc1, its on right now....

[caro]

Sorry Yosemite, I'm afraid you were victim to some high spirits. You did nothing wrong. Michael Brownes advice re the AQ was spot on.

[Spiceskull]

They go on to say that the charges were not unfair within the meaning of the unfiar terms in consumer contrct regulations 1999. The charges are not compensation, but a fee for the service provided by the Bank.

This is known as cloaking a service, and the OFT, in their booklet "Calculating Fair Charges" points out specifically that this is not allowed. The penalty is a penalty, and it is not a fee for a service...

[MARTIN3030]

Hi

 

I am not suggesting that it is a lie but I am not familiar with legal jargon or all these acts they keep quoting and I suppose what I really want to know is how to reply to these issues. I would like to hear from anyone else who has claimed or is claiming from Yorkshire Bank.

 

 

Easy to find this..........go and look at threads in the Yorkshire/Clydesdale section........and if you are not convinced then the settled cases in the same section should convince you 1

[yosemite]

Hi, I am just sending in my Allocation Questionnaire. I am using the new strategy and sending this with Draft Order for Directions and have a question regarding this. If this is agreed what would I send for c) and d) Statement of evidence and copies of decided cases and other legal materials.

[GaryH]

Assuming the judge actually makes the draft into an order, you will then have to provide -

 

a) schedule of charges and interest

b) statements showing charges

c) statement of evidence

d) cases and statutes. These can be found in the Basic Court Bundle

[yosemite]

Another question. I have sent all my previous correspondence to Yorkshire Bank in Leeds, but received a copy of their defence from the Legal Dept in Glasgow which address should I send the copy of the allocation questionnaire to Leeds or Glasgow

[GaryH]

Glasgow - all correspondance and court documents should be served to the solicitors.

[caro]

Thread moved to the YB forum.

[zootscoot]

Hi Yosemite,

 

You might want to add to the draft order to request disclosure of CYNtheSYS. The system identified in Whistleblower which identifies the exact amount it costs them to process any transaction.

 

All the best

 

Zoot

[yosemite]

Hi, I rang the court today as submitted my allocation questionnaire over 2 weeks ago and Yorkshire have only just submitted theirs and missed the deadline date. I spoke to a clerk who said that there is chance that it may be referred to the Leeds Court something to do with the Mercantile Court and consistency because of the volume of cases. He said this was up to the local judge and I will hear something soon. If this happens is this good or bad and what should I expect.

[Michael Browne]

It's good. See here:

MERCANTILE COURT FORUM

http://www.consumeractiongroup.c o....t-cases-stays/

Mercantile Court Guide

Mercantile Court Guide

[yosemite]

Hi, I have been reading about the hearing at Mecantile Court in Leeds on 26th April and I am starting to feel worried as I believe my case may also be referred to Leeds. I submitted my allocation questionnaire 3 weeks ago and rang the court last week and they informed me that that I should hear from them within the next week. Could you confirm that all the YB cases were settled? I know they asked for the cases to be delayed until the end of the year when the OFT REPORT

[yosemite]

Hi, I have been reading about the hearing at Mecantile Court in Leeds on 26th April and I am starting to feel worried as I believe my case may also be referred to Leeds. I submitted my allocation questionnaire 3 weeks ago and rang the court last week and they informed me that that I should hear from them within the next week. Could you confirm that all the YB cases were settled? I know they asked for the cases to be delayed until the end of the year when the OFT REPORT is out do you think this is likely to be agreed at future hearings? also what happens if your case is selected as a Test Case?

[Michael Browne]

Could you confirm that all the YB cases were settled?

As far as I'm aware, yes.

I know they asked for the cases to be delayed until the end of the year when the OFT REPORT

And they asked to be transferred back to Small Claims, judge refused both requests.

[caro]

I hear Leeds plan more Mercantile Directions Hearings, so if you haven't heard from the court yet, maybe your case will go to the next hearing. One YB claimant didn't turn up, but if you haven't heard how your case is to be allocated in writing yet, it can't have been your case. This is what barnett had to say about it.

 

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/75786-mercantile-hearing-leeds-26th-4.html#post778863

[twoofus]

I wonder if YB will use the case that didn't turn up and say they have 'won' or 'successfully defended' at court.

 

Does show how concerned they are though doesn't it when they are trying to stay cases until an OFT report.

[caro]

I think that may explain their current delaying tactics with SAR's. Doesn't matter what the OFT say though, as if the charges are unlawful, as we know they are, then they have to pay back the full amount and can't just pay the difference between whatever the OFT may come up with, and what they have charged.

 

Martin Lewis might like to make a note of that.

[yosemite]

Thank you. Reassuring to hear that both request were refused. Yorkshire Bank seem to be one of the hardest to do battle with as they always want to delay settlement for as long as possible.

[yosemite]

I have just received a hearing date of 20th July. I am disappointed that my case was not referred to the Mercantile Court as this seems the quickest way of settling. The new directions included in the allocaltion questionnaire have also been ignored. At this point would it be worth writing another letter Yorkshire Bank asking them for a settlement to avoid wasting more time and money. My spreadsheet of charges and interest was prepared several months ago and is now 5 months out of date with regards to interest. Do I have to do this again or is there a quick way of working out the extra interest. I devestated to hear that a Birmingham Judge has ruled in favour of Lloyds TSB will this make the banks more inclined to take it all the way and turn up to court hearings or more worrying district judges following suit and filing in favour of the banks.