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JunkiMunki Vs Yorkshire Bank Plc ***WON***


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:rolleyes: Hi there everyone,

have been claiming all charges back from the Yorkshire Bank, I requested statements back in February 2007, I also am claiming all the penalty charges that my [2] sons have had applied to their accounts at the Yorkshire Bank. I am claiming Acc [1] £3,712.57p, Acc [2] £1,873.98p

and last but not least Acc [3] £1,908.84p inclusive.

I have received [3] defence Letters from the bank, and have just received the Allocation Questionnaires which have got to be returned before June 22nd 2007,I intend to complete and return these early next week, and should then be allocated a Court Date.

 

PS:smile: can anyone out there tell me how long after allocations have been returned, that you get a Court Date.

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Hi JunkiMunki

 

I submitted my AQ on the 19 April, received court hearing document on the 17 May with court date for 21 June, hope that helps in some way, good luck with your claim :D

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I unfortunately waited 11weeks, but the settlement was worht it in the end.:)

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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  • 2 weeks later...

HI Everyone have returned AQ's to court today as requested, attached draft order by [jonni2bad #3] using form N150 template and used Gary H's other info from #206 but typed this onto section H on the AQ N150 form cananyone tell me if I have done it correctly .

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sorry about this guys , but posted a copy of the AQ's to YB as well, am I correct in thinking that I do nothing now until the court contact me again, as to whether my proposed directions have been accepted or not , but could always get the relevant info needed for the "draft" ready to return if accepted

is this correct :eek:

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sorry about this guys , but posted a copy of the AQ's to YB as well, am I correct in thinking that I do nothing now until the court contact me again, as to whether my proposed directions have been accepted or not , but could always get the relevant info needed for the "draft" ready to return if accepted

is this correct :eek:

 

 

Yep wait and see, only other thing you could have done with AQ is to ask court/judge to ask YB for full disclosure, thats asking the court to make an order for YB to disclose breakdown of their charges, not tried 7& tested yet.

have a read of this and decide for yourself :)

 

http://www.consumeractiongroup.co.uk/forum/general/57708-draft-order-allocation-questionnaires.html

 

Good lick

 

Celicaman

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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;) I did actually use both the draft and other info in the link you sent me , will have to wait and see what comes next. thanks again will keep you posted regarding what next ????;)
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HIYA,

Have this morning received the Courts Judgement order after returning my AQ to them on 22/06/07, I had requested the "14 day draft" but the judge has ordered the following, Court Date; "Tuesday 21st August 2pm"

time estimate 1hr .

 

The following Directions apply to this claim :

 

1] The Claimant shall within 21 days of service of this order send to the defendant and to the court :

 

A] A schedule [ unless one has already been sent to the Defendant and to the Court] setting out each charge repayment of which is sought, showing the Account No; , date, amount , and reason[ if any] for the charge being made;

 

B] A statement of evidence, if such is to be relied upon, in support of the claim together with copy statements or other relevant documents.

 

 

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2] The Defendant shall within 21 days thereafter file and serve a witness statement in response to the Claimants schedule, stating in respect of each item claimed;

 

A] Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

 

B] Whether such charge is accepted to be a penalty, and if not, why not;

 

C] If such charge is alleged to be a pre-estimate of the Defendant's losincurred by the Claimant's actions [ whether or not such action is to be treated as a breach of the contract between the parties], all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

 

If the Defendant fails to comply with this order, the Defence will be struck out without further order and the Claimant may enter judgement.

 

3] The original documents shall be brought to the Hearing.

 

4] The Court must be informed immediately if the case is settled by agreement before the hearing date.

 

In view of the above ; does this mean I have to complete the Court Bundle within the 21 days and return [1] to the Defendant and [1] to the court.

 

If I do have to complete the approx [200 page file] , then surely when the YB

decide to offer a settlement or send me a cheque, cant I ask them or request from the Court an amount of compensation and costs for the time and effort in complying with the order when the YB had no intention of complying with their side .

junkimunki xx

 

P.S. would it be possible for a Mod to take a glegg at this and inform as to whether I am using the correct procedure as to the order , many thanks

JunkiMunki

 

hiya ,

was wondering if anyone out there has the T+C's for the Yorkshire Bank,2001-2005, would much appreciate this info as I only have 06/07s, and if a mod is glegging at this could you tell me if it would be wise to inform the YB that I have now also got the relevant info as to the charges being claimed were illegal for a 2nd reason and this is by way of charges being levvied from my benefits from 2001- 2006 inclusive, and should I if need be include this info to the Courts in my bundle ???????????????????

junkimunki x

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Hi, JM, Sounds to me like there will be a cheque on its way.

Dont send anything too soon, as hopefully you will get an offer before the 21 days are up, but if it gets to about 7 days from the date, send your bundle (no harm in filling in Statement truth etc and getting all stuff ready to print now in preparation, not last minute). Hard to distiguish when the court ask for 'and other relevant documents' but i would go full bundle on the offchance.THe judge knows your claim is valid & YB wont send bundle, so hope offer comes before 21 days.

After that they get defence struck out.

HSBC are now waiting till you send bundle before payout, so may be the same as YB.

As for wasted costs try this thread, you only apply after you have cashed your cheque, not before

 

http://www.consumeractiongroup.co.uk/forum/barclays-bank/94734-wasted-costs-beginning.html?highlight=wasted+costs

 

Good luck

 

Celicaman

  • Haha 1

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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;):p Hiya Celicaman,

Have clicked your scales 4 you young man, thanks for replying so promptly, bit confused as to HSBC bit as I have only just sent pre-lim letter to ask for £986 to be refunded in 5 days as to this moey being illegally taken from my STATE BENEFITS, but they have not confomed so will send them a LBA on monday giving them 7 days or will issue a N1 form as I am on benefits this does not cost me anything so on I roll ,regarding the YB's claim I have got to get the papers ready within 21 days to send to the courts, which is exactly what I think the YB will make me do then they will not conform to their 21 days and that is when I will receive an offer , after all my hard UNECESSARY work has beern done and sent.;);)

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:o :o , only me again can you explain why my signal is showing offline and yet I am on ere ?????????????? tell me tell me tell me !!!!!!!!!!!!!!!!!!:D

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:o :o , only me again can you explain why my signal is showing offline and yet I am on ere ?????????????? tell me tell me tell me !!!!!!!!!!!!!!!!!!:D

 

For that i have no answer :) :)

 

CM

Templates Library

 

GE Capital Won

Capital 0ne Won

Northern rock Claim stayed working on negotiation

HSBC personal claim 1 ''WON''.

£1800 plus full stat interest plus costs.

Claim started 14/02/07 offer 3/07/07

 

Next:Coming soon to a thread near you! :)

HSBC personal Part 2 'return of the Celicaman'

HSBC business 1 ' my empire strikes back' N1 claim POC in progress after usual offensive offer from bank

HSBC business 2 'attack of the Celicaman'

HSBC business claim 3 'bank account menace'

HSBC business 4 'Revenge of the CAG Member' the final insult ....................... 'Maybe'

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Hiya buddy

think I have answered my own question, I have just logged on to CAG in the logging box as I dont know if this is a new thing or not but it is the 1st time I have seen it, along with the blue nos running along bottom of pages. ;)

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:) :) Hi ,

was wondering if there is anyone out there with the T+c's for YB 2001-2005 inclusive, as I am needing these for submission of my directions issued by the courts which have to be completed and sent to both defendant and court no later than 21 days after the order on the 27th June, court date 21st Aug @ 2pm, am working through the bundle now and saving all that is required to disc, then will wait till last week to print this off, and if I do have to submit, I will then ask the judge for a wasted costs order.;):p junkimunki

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Hi JunkiMunki

 

I agree you should be as prepared as possible as you can't take things for granted but I reckon there is a good chance that the YB/Clydesdale will buckle just before the hearing and you will get your settlement before it is heard in the Courts.

 

With regard to what they are asking you at 1A & 1B you should have that information readily handy and from my depths of reading on the threads it's standard stuff to prove your claim and more importantly to avoid it being struck out of court.

 

If you look at Alex12 and me we seem to be exactly at the same stage.

 

Good Luck JM with everything, there has to be others out there who have been in the same situation as you and WON !!

 

:p tobydoby;)

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Regarding the T's & C's which you asked about. The one that Conalot sent me is for 2006, and you have asked for up to 2005 inclusive, so I don't think I can be of any help really.

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;) hi again and thanks for taking the time to reply ,I have added you and Alex12 to my buddy list so I can watch your progress right to the WIN :p :p , keep that winning post in sight ,:D junkimunki x
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Hi Junkimunki, subscribing coz I think you have a wonderful slant on life, all the best with your claims. will be following you to the winners enclosure, no doubt, Happy claiming:D

Read read and read some:p more

LTSB court date 25/7/07

17/7/07 I WON I WON I WON!!!!:p :grin:

HSBC court date 11/9/07 (stayed)

CapOne lba 7/1/08-15/3/08 WON.

Citicards lba 14/1/08

 

Read Read and Read Some:razz: More

 

If I've been helpful in anyway please tip my scales:rolleyes:

 

Please note that this advice is given informally, without liability and without prejudice. Seek the advice of an insured qualified professional if you have any doubts.

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hiya REMUS;) :p ,

Thanks for the Compliment Remus, I have this morning received from court,[2] Judgement orders for my Sons, as I have dealt with their claims as well, C is my oldest lad 25 in Oct,YB customer reclaim for £2008, this includes stat interest 8%, and then I have a younger Son 22, who I have also made a claim for the amount on this one is £1,967 this also includes 8% interest, plus the £220 court fees. I took all [3] AQ's back to Court on the same day filled each one in the same just different claim no's, used jonni2 bads template for this , I was granted remission on the costs due to benefits, I have stated on my sons N1 claim form that I was acting in Litigation for my sons claims and signed the N1 form as having full authority over their claim as a Litigation friend. On the AQ form I have put myself down in the witness box on both their forms which they have both signed and which I then countersigned, all [3] AQ's were handed in 22/06/07,

my judgement order dated 27/6/07 came back giving me 21 days to supply Court bundles and then gave the defendant 21 days from then to comply the same, giving a date of 7/8/07 for complying with the order, failure to comply by both parties will strike their order out, Court date set Aug 21st @2pm, but on opening their letters I have found that the same Judge has ordered that :

 

1] Mrs y, cannot act for Mr C who must sign the Claim form and all other Court Documents.

 

2] The Claim is Stayed for Month to enable the Court to remedy these matters.

 

3] The Claim is Stayed until July 27th 2007, the stay will expire on 10 August 2007.

dated 27th June 2007 claim no: Correct , date in right hand top corner box 4th July 2007. Claimant ; C A .

 

but the 2nd letter which states exactly the same as above with the claim no being different but at [1] states C.A. and Not C. so will have to phone court on monday about this mistake and also to ask what the letter means. I think the mistake has happened because [1st claim] C.A., [2nd] claim C. , have read somewhere on the forum about a STAY, so will have to find it again, and read through it, but will still contact court for explanation as to why I cannot litigate for my sons, and the name difference.[ thats them sorted then].

Have decided to get cracking on the Court Bundle I have got to do and post before 17/07/07, so am gonna get cracking so I can post "Friday 13th" that gives the YB until 7th August to comply the same, or to settle as Court date is 2wks after the 7th.

Have just finished another S.A.R - (Subject Access Request) request from YB for statements from 1995-2001 for 2nd reclaim, have also received a stalling letter from HSBC this morning as I requested they put back the £986 taken from my bank since June 06- June 07 as these charges have been ILLEGALLY taken from my benefits, I gave them 5 days to comply , letter dated 25th June, ignored me completely as return letter came this morning asking for details,which they have already got and I have sent in the first letter LBA being done tonight 7 days given or else.

Well I have got to fill the days up somehow !!!!!LOL LOL LOL "WATCH MY THREADS" :p :p junkimunki xx

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I think the letters from the court mean that your sons should have signed the N1's themselves, but you will still be able to act as a litigation friend for them at court should it come to it. You cannot just sign paperwork for them. The stay is so that the paperwork can be put right.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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...

Hi Caro,

thanks for that info , the 2 claims I have done for my sons have both been stayed until 27th July to remedy fault and then a further stay until 10th august, the bank actually asked for a stay on their AQ, with a vies to coming to a settlement, as it was the banks choice for a stay do I let them contact me or should I contact them , would appreciate an answer towards this thanks again. ;) Junkimunki

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I would be astounded if they contact you, but both parties should be trying to settle, so it will look very good if you try. I would suggest that you write and inform the bank that you are very keen to settle and avoid wasting any more of the courts time. With a view to this, if they would kindly disclose how their actual costs have been incurred as a result of the breaches, then you would be pleased to amend your claim to reflect this, or if the costs are indeed correct, that you will withdraw your claim.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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 to everyone,

Was wondering if anyone out there knows if the pending,

" Court Case" also includes CLAIMS made in connection with the "Social Security Act" and benefit payments or whether we can proceed with these claims under the said act , would appreciate any info on this , I received an order from the judge after submitting AQ, requested that a bundle be submitted by myself on or b4 17/07/07, with the bank having a deadline of 07/08/07 to submit cooresponding bundles, and a hearing listed for Aug 21st

unless settled by then,does anyone know if the YB would still have to keep to that order because of it already being in motion. ;) ;) Junkimunki xx

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  • 2 weeks later...

Hi ;-) ,

Today August 7th 2007 is the date that the YB should have submitted their bundle to court, after having 21 days to submit this info from the date I submitted my bundle to court, but when I posted my bundle to them it was delayed by 2 days because of an operation upon my knee and the postal arrangements but made sure I personally took the bundle to court on the required day, but have given the bank the extra 2 days to get their bundle to myself.

Will be ringing Derby Court first thing tomorrow to see if they complied with the order by the date. Have a Court Date set for August 21st @ 2pm. Also included in my statement the fact that these penalty charges have all been taken from my benefits, sure looks like I am attending the Court Case but am not worried at all by this I have got my answers ready for them as well as my questions , any extra info will be appreciated though claim for £3699 + oddments this includes the normal 8% interest under S69.;-) ;-) hope you are following this REMUS [ROFLMAO] :-D :-D

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