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Tobydoby

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Everything posted by Tobydoby

  1. Well what a difference a year makes !! Last year I was on verge of getting my well deserved refund of insane charges back & then on the 11th hour the OFT stuck their noses in resulting in 750,000 of claims being stayed. A year later and as a result of continued procrastination we seem to be no nearer getting our money back and I am not sure if anyone else has heard any rumours that the findings could well end up in favour of the bank that the overdraft charge is not a penalty/unfair charge......can you believe this??? Oh and I forgot we are all now bailing these boys out of the mess they got us into with our taxes ......it makes you wonder :? Hope someone else can enlighten me with better news on the horizon Tobydoby
  2. Hi Jen When you get to know I too would be interested to learn what's happening, nothing on OFT website ! I would also suggest the following, given the delay in settling us 1) We are paid out first whenever the result is beyond further appeal (sometime over the next 12/24 months ??) and we do not have to then wait for all the other thousands of claims that will flood the system. 2) We are paid additional interest on all money due since the date of the stay, over and above the interest we were claiming in court. 3) We are given a written letter of apology from the banks for "daylight robbery" of our hard earned money. Obviously points 1 & 2 first. Regards Tobydoby
  3. Hi Yep Round 1 to us. It will be interesting to see if all of us who were on the brink of success and made their presence known in Court get their "stays" removed so that we can finally stick the boot in. It would be great if that could happen this May. I am hoping from a pecking order that we are first in the Queue for getting our money back .........why do I have a nasty taste in my mouth that by the time the banks appeal etc. this could take another 18/24 months. I hope I am wrong on that one. Roll on 22 May 2008 for Round 2, can't wait for the knockout punch!! Tobydoby
  4. Hi If it's any help I too was wondering why after months of momentum and great expectation from the OFT why I cannot even see anything about bank charges on their website. Unless I am looking in the wrong area I would have thought since they chose to stop individual claimants taking their claims to Court that they could have at least had a prominent area on their site that was updating the progress on the case !!8-) My understanding is that Mr Justice Andrew Smith is now deliberating and as and when he finally makes his decison, the banks can fight back by appealing the decision, which could take an additional 12 months. Gee Whizz really like to thank the OFT for sticking their noses in :mad:when we could have all most probably had our money through the courts over the last few months
  5. Since my stay back in October its been very quiet as to when the OFT case is being heard? Not much publicity although I seem to recall it was scheduled for January 2008......is that confirmed:?: Feel rather short changed after the momentum of 8 months pursuit culminating in a stay being awarded after attending Court that my claim is now subject to a mass ruling, the banks must be laughing their socks off as whatever decisions are made I cannot see them accepting their fate without further appeals etc. hence more delay to receiving back our charges. Any news out there on this ?
  6. I have requested (in writing) a response from the YB advising me why 4 days after my initial reclaim letter was submitted they decided to close my account after 11 years of banking. My own view is that they felt I had betrayed the goodwill between customer and bank even though it is my rightful and legal privilege to claim back unfair bank charges and for that reason they considered this has resulted in a breakdown in the relationship hence they "threw their toys out of the pram" I regard this clearly as retalitory action and in that respect I have to give the YB an opportunity to respond under the normal complaint prodedures etc. for the Financial Ombudsman to pursue this on my behalf. Tobydoby
  7. Hi Michael Thanks for the link re what happened re Alliance & Leicester closures. YB confirmed their intentions to close my account " in writing" Having read the thread I need to get a FDL (Final Decision Letter) from YB separate to my ongoing unfair bank charges claim to say that their decision is final re closure and they will not compensate me, this will allow me to take up with Financial Ombudsman. Thanks again Tobydoby
  8. Hi everyone For those of you who have followed Tobydoby's thread you will know that my case heard on 4 October was "Stayed" along with all the other claimants. What I am wanting to know now on a seperate issue is " Has anyone sucessfully claimed compensation against YB (or any other bank) where as in my case the bank advised me they were closing my account as soon as I claimed for the unfair charges to be refunded" (3 days after advising YB I was claiming my charges back after banking with YB for 11 years !!) This is clearly a retalitory action and caused me significant inconvenience and distress and I just wondered if I have grounds outside the OFT case to claim compensation and whether anyone had managed to claim compensation either themselves or with the Financial Ombudman representing them? Your comments as ever would be most appreciated Tobydoby
  9. I was one of the 6 of us who initially objected to the stay (see my thread)http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/97003-tobydoby-yorkshire-bank.html I agree if nothing else it was good getting it off my chest and having my grievances heard by the Judge. I agree with you guys that it was a forgone conclusion that the banks would get their stays granted. Just a pity our cases were not listed 6 months ago as I believe we would have seen our dosh by now, The Barrister who spoke for all the banks clearly knew his stuff unlike the others and the Judge seemed a really nice chap ....... that said what did not come out in the wash was I personally do not believe the OFT case will be concluded in January as if the decision goes against the banks by the time they appeal through the judicial system it could drag on and on and on ..... who knows how long?? It is my opinion that for those of us who had the courage of conviction to claim against the banks and turn up for the hearing should have had the opportunity as the other man said " to have their day in court" and have the merits of their case heard rather than be subjectively thrown into the mass OFT case. I thought initially that the Judge was going to listen in depth to the 6 of us after the others had initially not objected to the stays Good Luck to you all and let me know how you get on. Tobydoby PS I am also pursuing the YB through the Financial Ombudsman for retalitory closure of my account for claiming my charges back so if they think they have heard the last of me ....think again !!
  10. Result of my Court Hearing today at Leeds Mercantile Stay ! Stay ! Stay ! Stay ! Stay ! Stay ! Stay ! Despite my attempts to have the stay lifted the judge agreed to the banks application for their Stay. Now have to put on hold getting any money back this side of Xmas until after the OFT ruling......what a bummer !! So maybe next Xmas or the year after that or maybe not al all !! at least I gave it my best shot Tobydoby8-)
  11. Since no response to my thread last week re Stays be interested to hear from anyone who is attending this Thursdays 10.30 hearing in Leeds ?? Or am I the only YB claimant looking to kick the Clydesdale/YB backsides (being polite) If any of you do respond to this thread I would be interested to learn whether you will be opposing Clydesdales/YB request for a Stay. Tobydoby will NOT :ojust let Clydesdales/YB dictate matters on the day so any support to convince the judge to hear our cases will be welcome. Any comments/help ??????
  12. Hi Everyone My case is listed for hearing in Leeds Mercantile next Thursday 4 October and guess what .....the YB submitted yesterday their application to have the case stayed in the light of the OFT ruling etc. etc. etc. HAS ANYONE MANAGED TO PURSUADE THE JUDGE TO REFUSE THE STAY ? IF SO ON WHAT GROUNDS ? Or is it looking like we will have to wait until the OFT High Court Case has been settled and then we all know whatever the decision is the banks will appeal to the House of Lords aginst the ruling and we don't see sight of any money for years !! HAS ANYONE MANAGED TO NEGOTIATE WITH THE Y.BANKS COUNCIL WHILST IN THE COURT TO AGREE SETTLEMENT ....or is that expecting too much from the YB? Concensus of opinion would be most appreciated Good Luck to all my fellow claimants Tobydoby
  13. Big Well done Grimethorpe, nice to see you beat the oppressive stay & what a result !! I have my court date scheduled for 4 Oct at Leeds Mercantile, I've sent the Court and YB my CMI - Case Management Information Sheet and I am expecting the case to be stayed per YB's standard letter saying they are applying for a stay until the OFT High Court ruling sorted but with just under 3 weeks to go not heard anything from the Courts to suggest it has been stayed so staying focussed on attending (for the time being) Tobydoby
  14. Hi Goodgirl:) Having been hacking away at YB since March and with a Court date set for Oct 4 which Tobydoby was looking forward to it now appears everyones claims are on these stays thanks to the OFT! I too would be interested to hear if anyone has had a judges ruling against the banks rather than the banks taking advantage of these time wasting stays of which who knows which way it could go in the end Was anyone successful at the Leeds Mercantile Courts this week ? Be great to get some feedback out there Tobydoby
  15. Well Done Grimethorpe :-DAbsolutely Fantastic news for you and the rest of us still pursuing the YB All the very best - Tobydoby:)
  16. Does anyone know what the position is with the Courts where we have been given hearing dates Do you think we will have to wait for the OFT ruling ...... all I could see on the OFT website was "It will be for the courts to decide in relation to claims made to them". Appreciate we carry on as normal unless instructed otherwise but I am concerned this could now drag matters out where we have confirmed Court Hearing dates? Does anyone have any news on what the Courts are doing in the light of this?8-) Keep Smiling :xTobydoby:x
  17. Hi Alex 12 I am not 100% sure on why I have received the CPR59 and you haven't, my best guess is that I am listed at the Leeds Mercantile Courts (High Court) Am I correct in assuming that your case is at your local courts? Either way it looks like matters will be concluded by our respected dates, of course had we have banked with anyone else it would have most likely been settled by now rather than YB's objectional and defiant stance. Will keep you posted Tobydoby 8-)
  18. Hi everyone Just to keep you all posted finally received details of transfer to LEEDS MERCANTILE Court for 4 Oct (shame it's not sooner as up for it!!) Looks like it is one of those mass hearings where I will be one of a batch number of cases It says no later than 7 days prior to the hearing a completed Case management in accordance with CPR59 should be filed with the Court, subsequently received a Case Management Information sheet with loads of questions to be completed which to be fair most of it looks common sense. It will be interesting to see what develops with the YB is with regard to their "disclosure order" where they have until 28 September to decide if it will settle the 7 outstanding claims in Hull or face having to outline its charging structure in open court would no doubt have an impact on us remaining claimants. Any comments/views on this? Tobydoby:cool:
  19. Hi SV20101 update of wher I am posted this am to Alex 12 Hope all going well Tobydoby
  20. Hi Alex 12 Just to keep you posted finally received details of transfer to LEEDS MERCANTILE Court for 4 Oct (shame it's not sooner as up for it!!) Looks like it is one of those mass hearings where there will be a batch number of cases of similar nature. It says no later than 7 days prior to the hearing a completed Case management in accordance with CPR59 should be filed with the Court, subsequently received a Case Management Information sheet with loads of questions to be completed which to be fair most of it is common sense. Have you heard any more at your end and has anyone heard anymore about the Yorkshire Bank current's stance on matters? Tobydoby:cool:
  21. 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 !! tobydoby;)
  22. Hi Alex12 Exactly the same with me, I received today the notification of xfer of proceedings which for me will be Leeds Mercantile, it says "The filing of an allocation questionaire be dispensed with in this case unles the District Judge at the Court of Transfer orders otherwise". Note any party affected by this order may apply under Rule 3.3 (5) apply to have it set aside varied or stayed.Such a party must apply under Rule 23.3 within 14 days of service of this order Please note an allocation fee may be payable in this instance, please contact the court of xfer for further details I assume this is all standard and I shall now await the letter from the Court confirming dates and whatever information they request. Will keep you posted, I assume we now have to wait Tobydoby:cool:
  23. I have also received today my notification of Court transfer with the following "The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise. ** **Please note that an allocation fee may be payable in this instance. Please contact the court of transfer for further details." I haven't sent anything to the Courts as yet i.e schedules of charges and I am awaiting top hear when the next hearing is ? therfore sitting tight at the moment. Will let you know as soon as I hear further TD
  24. Hi Tigger1970 I am also in the same position as you and alex12, last thing I received was YB's defence papers which I reluctantly re issued my charges schedule to them.......they obviously like to test the resillience of us all to the bitter end before coughing up. As far as Tobydoby is concerned it is only a matter of time before YB/Clydesdale will have to cough up GRRRRRRRRRRR!!
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