Yosemite v Yorkshire Bank ***WON***

[yosemite]

I know what you mean. I am sure you will feel better tomorrow once you have posted and delivered it to the court. I felt such a sense of relief once I had sent mine. Lets hope we both get some good news soon.

[conalot]

ill second that cheers!

[conalot]

id watch your post this weekend if YB are following what seems to be of late people seem to be getting their cash right at the last min so i bet on saturday myself for you

[yosemite]

Still nothing from YB has anyone got any earlier T & C's I only have 2006 just in case I have to go to the hearing on Friday. I am sending the non compliance letter to the Court tomorrow with a copy to YB re non receipt of their bundle. Starting to feel nervous now as Court date is looming.

[Bigmac versus]

I will see if they are available yet (terms and conditions)

[yosemite]

Thanks Bigmac

[gaz2006]

Have allocation form to fill in happy with everything except do I send in a directions motion to judge re strike out of Yorkshire defence they say its penalty etc laso claiming beyond 6 years so have to use limitaion act any help links etc would be helpful as dont know if I should do directions to judge or if i should what I put in bearing in mind their own system with charges an dthe fact they ar edefending in court recently please help Regards Gary

[caro]

Use the guide to completing the Allocation Questionnaire in the Bank Templates Library, including the draft directions.

[conalot]

thinling of you as i know you will be getting nervous but hang in there an you will be ok bet its last min an in fridays post a nice fat cheque good luck

[yosemite]

Thanks for the support. Still nothing in the post. I am starting to feel nervous at the prospect of going to Court on Friday, but have started to read through the guidance notes and re-reading all the info in my court bundle. Will definitely be glad when it is all over.

[ragger]

Hi Yosemite

Have the YB filed there Court Bundle. If not your cheque must be on the way. Why do they let things go this far when they know they are going to settle, just shows what they are like to deal with. Anyway wont be much longer just keep positive.

 

regards Ragger

[yosemite]

Thanks ragger. I am trying to keep positive but cannot help worrying. So far YB have not filed Court Bundle I don't understand how they keep getting away with leaving it so late.

[ragger]

Yosemite

On the the bright side it wont be long before the Y/B have to show what they are all about after the Hull hearing, but cant see that

happening, maybe then the Courts will act and put an end to all the the time wasting tactics the banks use, we live in hope.

Ragger

[Bigmac versus]

Yip hopefully that will help:D

 

Hang in there Yosemite your near the end and so close to getting your money back. CB are experts at hanging on till the last and have even claimed cases have been settled when appearing at court just within the last day or so when the claimant hasnt had any payment.

In the post on Friday or at the court steps its still on its way.

[yosemite]

ADVICE NEEDED. Today I rang the Court to see if YB had submitted their bundle. I was informed that they had not submitted a bundle but they had received a letter from them today stating that they were settling and that I would receive the money within 10 days. They did not confirm the amount. When I got home tonight there was a card from Royal Mail who had tried to deliver a special delivery letter. I cannot get this until tomorrow morning now. If this does not contain the cheque for the full amount or there is no cheque at all what do I do. As I am going on holiday on Sunday as a safeguard presumably it is best to turn up to the hearing on Friday.

[ragger]

hi yosemite

Dont worry its going to be what you deserve the full amount .Enjoy

your holiday

 

 

CON GRATS ANOTHER WINNER

 

Ragger

[yosemite]

Help!! I have today received a cheque for YB as an ex gratia payment. They have deducted all the debit interest which amounts to approx £700 The letter says WITHOUT PREJUDICE SAVE AS TO COSTS. They have sent a note of discontinuance to the court and they are saying that by accepting this offer it is in full and final settlement. They say if the offer is not accepted they will refer the court to this letter when deciding the costs to be awared in the case. Attention is drawn to leaflet EX307(no leaflet enclosed) entitled small claims track. They are asking me to cancel the hearing tomorrow. Should I accept this and can I do so in partial payment. Can I also apply for wasted costs.

[caro]

Don't panic Yosemite. Can you explain a bit more about the debit interest. You should have been claiming the part of the interest that related to charges. We need to check your spreadsheet, but my first thought is that it looks like you might need to be prepared to go to court tomorrow. We can make sure you are ready for that.

[yosemite]

Thanks for getting back to me. Its really difficult because I am at work at the moment but basically my claim was £2443.22 Charges and Debit Interest plus interest £668.25 Plus court costs £220 = £3332.11. YB offer

Charges £2032.62 Interest £446.25 Court costs £220 = £2698.97. I have checked spreadsheets returned by YB and debit interest totals £436.55. I have checked this and £345.34 relates to when I have exceeded my overdraft limit. They have adjusted the interest by £287.80 which seems alot for the sum of £436.55.They also ignored the accured daily interest which is approx £90.00 up to tomorrow. Could I accept the amount sent as partial payment and inform them I will be attending the hearing unless I receive the difference. I am worried that the judge will take a dim view if I refuse their offer and do not want to come away with nothing. I also would like to claim wasted costs as I have spent so much time preparing. Your advice is much appreciated.

[caro]

I firmly believe that you should not rush a decision on this, and that you should go to court tomorrow to get this sorted with the judge. YB have been unreasonable leaving payment until the last second, and then not paying the full amount.

 

The fact that they have not submitted a bundle, or defended any cases in court suggests that they never intended to go to court, and they've put you in a difficult situation. I believe that they have been entirely unreasonable, and that you should tell the court that settlement has not been reached.

[caro]

Yosemite I have PM'd you. By the way, take a wasted costs order with you tomorrow and ask the judge to consider it. Also take a list of YB and CB cases from the litigation section of cases that they have settled before court.

 

You should not accept a part settlement, especially as I assume that they suggest that accepting it means you accept it as full and final settlement. They're taking the proverbial. Don't let them intimidate you. You have done all you can, and been entirely reasonable throughout, and the judge will see from your prelim and LBA that court was a last resort for you.

[georgieboy]

We are all with you so keep your chin up, after all your hard work you are now only a whisker away from getting your money back. So the very best of luck matey;)

[caro]

Take a schedule with you showing your wasted costs for the judge to see what it's cost you. These links should be useful.

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/64911-got-court-date-guide.html

 

http://www.consumeractiongroup.co.uk/forum/guidance-notes/637-case-guidance-notes-bringing.html

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

[caro]

Well, how did it go?

[caro]

Come on Yosemite. I'm on tenterhooks here. I just tried to phone you and your mobile is switched off. Surely you aren't still in court!