Annie v Yorkshire Bank (Looking forward to this)

[calam70]

What a suprise!!!

YB filed a defence against me today on the last day they could.

I know from reading other threads that they do to this everyone.

I take it that I wait for the Allocation Questionnaire to hit down and send that off.

 

Why don't they just settle without all the fuss and extra charges and costs??

Cos it's YB. Ace.What a rotten banking choice.

 

I'll keep you posted.

[calam70]

Submitted Allocation Questionnaire today.

Now just waiting for YB to request a stay.

 

They actually stated in their defence that they hadn't got my account number and therefore couldn't confirm my charges!!!!

My account number has been sitting on top of all my recent correspondence to them and so I made sure that I stated that in my Allocation Questionnaire .

 

Won't be booking that holiday just yet??

 

Good luck to all !!

[wackyjacky]

This thread is exellent for a newbie like me who is on statement request letter, I not sure i should open any letters from yorkshire i think ive about read them all lol jaxxxx

[Frankey]

Annie have just read all your threads - what happened in the end? Am worried to read what a big battle you had with them - but I am going to go ahead Fran:idea:

[calam70]

As was predicted YB returned their AQ with a request for a one month stay that was granted by the court.As far as I'm aware ,YB will always request a stay at this stage.I'm unsure whether others have found that they have made them an offer at this stage or whether they allow the stay to elapse without any attempts to sort at all. It can't look good for them if they make no effort at all.

 

On another note, I noticed on a copy of their paperwork to the court, that they had filled in their copy of the AQ as Yorkshire Water!!! No doubt the firm of solicitors act for both of them. The covering letter clearly stated that it was me v YB and the case number was correct etc.

 

Should I point out to YB and court this small clerical error???

Wouldn't want this to give YB yet another chance to stall.

 

I expect this to go the full length of the stay, followed by allocation of a hearing date and then last minute contact from YB on the day of the hearing......no doubt some time in Jan/Feb at this rate.

 

In retrosepct, this is a pain and complicated at times. Still, you wouldn't hand over 3k to someone else for no good reason and so I feel this has been more than worth it as a point of principle. I implicitly trusted my bank and never questioned what they were doing. I felt bad about charges that I couldn't afford or avoid on my account and felt that this was my fault as I was in a bit of a spot and this was the price I had to pay for it.When I realised that the bank had actually been making a profit out of my misfortune words failed me.....and this had been at the worst possible time in my financial life (I'm sure this is the same story for many others).

 

I don't have a problem with paying the actual cost of going overdrawn. i appreciate that some people don't od/return cheques/dd's etc and I don't expect to be able to do this and not cover the cost.However, as I made clear in my AQ, I massively object to the banks profiteering and the way in which they make you think that this is law and their right.

 

I know that we have yet to see a bank make a disclosure of charges in court.

Fingers crossed that one day this will happen and the banks will actually react and bring their charges in line with OFT recommendations. The fact that they are still out their doing this to the uninformed is maddening!

 

Anyway, something got me started there this morning!!!!

Rant over....will settle back down with coffee and morning papers.............

[diddled]

Yorkshire Water instead of Yorkshire Bank !

Which solicitors did they use, was it Addleshaw Goddard?

[caro]

It won't look good for them to make no effort to settle, and neither will it look good for you. What will look good for you is to try to settle, for example by agreeing to pay their actual costs, although of course you will need to see how they are calculated in order to agree an amount. Go through their defence point by point and tell them nicely why each one is a load of codswallop.

[calam70]

I stated in my AQ that I was more than happy to pay the actual costs of the charges and requested a full disclosure from the bank. I must have missed something as I hadn't seen anyone else on other threads approach the bank during the stay with an offer of settlement in this way. Should I now be doing this??

I thought that as the bank have seen my AQ they would respond to this if they wanted to.

 

Is it up to me to contact the bank and state what I am claiming for??

 

Sorry, I am more than a little confused now as previous letters I have used from the forums template library do not state what I will and won't pay in this way.

Am I still allowed to claim for interest etc.??

 

Oh dear, I knew this was scarey but at least thought I had done the right thing so far and followed both advice and instructions.

[caro]

I confess to having thought it was down to the bank to try to settle, but BankFodder advised me that if I showed that I was willing to negotiate it would make me look good, and if they don't respond they look bad.

 

If the bank have not responded to what was said in the AQ then send a letter reminding them of your offer to settle and willingness to pay their actual costs etc. You could offer to reduce your claim by their actual costs, for which you feel that standard dislosure is essential to reassure you of the accuracy of the costs and just claim the rest including interest. I somehow doubt that they will accept but you will have opened a dialogue trying to compromise. It will show you in a good light.

[calam70]

Ok thanks for the advice.Will do.

Deadline for AQ's was 22nd Oct and as I said they sent theirs in at the last minute.

I had papers through from the court today allocating the case to the small claims track and giving me the date of Feb 7 for the hearing.

 

Can YB apply to this extend this when the first stay is up mid November?

 

I will send off my letter to them offering to pay actual costs and requiring disclosure as advised etc before the stay is up.

 

 

I would have thought more cases would be coming up with dates before the judge soon.....hopefully there will be a few more cases to read about in successes soon.

 

Ax

[David Robson]

I am at this stage too, they offered me £1, 800 (which i turned down )roughly half my claim and denied the sum of £3,554 which i am claiming for i filled AQ which Kirsty Ross asked for a stay which ends on the 15th of nov she has not made any attempt to get in touch with me. Kirsty ross has used every delaying tactic that could be used so i am expecting her to ask for another stay if she does i intend to write to the courts 0bjecting to it as it says in the letter i recieved from the judge both parties have to agree on the extra month stay

[caro]

Both parties are meant to agree to any stay. I am surprised that you already have a court date. I filed my MCOL on 21st June and still don't have a court date. It hasn't even been allocated to the small claims track yet.

[calam70]

i was also little surprised at having been given a date.

I know others have had quite a wait for one.

I will object to a further stay. I intend to write and mail on Monday offering to pay actual costs and requesting a disclosure. As you advised , i will then be seen to have made an effort. If they do not respond and request a stay , continuing to make no contact with me, then I really don't think this looks good for them.

 

I didn't expect to get a date until the second stay had elapsed, maybe it can be down to where you are and the judge!

 

I remember seeing that you were ahead of me and despite starting the process mid-June, i couldn't afford to start my claim online until beginning of September.

 

I've been watching Rachel's mums case too as I know she was just ahead of me also. There don't seem to have been that many settlements after Dan and co. I just hope that people don't let the appalling delaying tactics from YB put them off. Fingers crossed that these cases are backing up at the same stage and a deluge will all hit hearing stage at the same time.

 

Do you think the bank are dragging their heels hoping for a test case to go through in their favour????

[caro]

Of the few who have settled, even fewer got the interest, so in my eyes they are still trying to call the shots which is unacceptable. I think they are trying to avoid paying in the hope that some get-out clause will be found, be it a test case, or some obscure point of law, and frankly to deter others from seeking legal redress.

 

I think where you are may make a difference depending on how busy the courts are and the judges. I was not entirely unhappy at my stay as the judge asked YB for comments on my AQ where I requested standard disclosure. They have failed to respond to the court order, but I guess until a judge looks at it again, it is another delay that will make them happy. More interest for me anyway, and I am finding it quite interesting.

[David Robson]

at one point i thought i had won, they had not aknowledged my claim.I put a judgment order in and i reciieved a a letter from the courts to say they had pay me in full then kirsty ross applied for a stay and got it on the grounds that the papers went to a wrong department and she didn't recieve them ( another delaying tactic) so i filled the AQ form in she then went for another stay for a month,so they could settle and i am fully expecting her to put in a request for another stay for an extra month but i am going to take the advice given to annie and write her a letter for settlement and pay the acctual loss occuring to the bank providing they give me a breakdown of the charges, and i am going to object to any other stay. i have been preparing to go to court and have got my court bundle together and, now i am just preparing my statement. In her AQ she has written she is taking two witnesses with her to court, has she stateted that she is taking these witnesses to any other court cases and has anybody any idea who these will be

[zebbydog]

Yes the witness thing is usual.

[calam70]

what happened here.....??? has anybody got a standard disclosure from YB when you have offered to pay the actual charges on your account yet??

 

I have a court date of Feb 7th , which I have had since beginning of Nov. i have had no contact at all from YB. I have written to them today, offering to reduce the claim against them by the ACTUAL amount of the costs....subject to the bank providing a full disclosure of their charges. I have stated that this is my own personal effort to settle before court.

 

YB have attempted to settle by increasing the number of collection agencies sending me threatening letters and ignoring the fact that this is a dispute.

Charming!!!

 

To think that I started this on June 1st.... what a saga!

[caro]

February 7th eh? Could it by any chance be at the Mercatile Court in Leeds? If so you are one of a few YB claimants as well as other banks.

[Isiris]

Can I ask, is your case in the morning. If so, dont drag their solicitor out, he needs to be in Barnsley for 14:30 to defend against me. LOL

 

I notice you are from Sheffield, if it is in the morning and at the Law Courts, I will be happy to come down and support you

[calam70]

Thanks for offer of support but my case is one thirty PM!! Sheffield time!!

Ann

[Isiris]

Hmm

 

Might write to them and ask them if they have the required staff to defend these claims.