Hi Tinkerbelle

I forgot to mention that they have also filed a defence at Court.

I have today received an offer from YB for the full amount plus the cost of submitting my claim but not for the interest and I am very happy with that. I know some of you may not agree with me but I am going to accept the offer. the interest did amount to £73 but I have taken the view that this amount does not cover my time in preparing a case for court and if I'm really being honest I don't think I could go through with it. I would like to thank everybody that has helped me to get this far and I will be makin a donation once the money arrives.

Good luck to everybody else - keep at them.

By the way, I'm going to proceed on behalf of my son - which has been on hold for a while.

Thanks again.

Thanks

That makes sense. I was taking the deemed date of service as being the date that I issued the MCOL. Looking more closely at the Notice of Issue, it does say the 7/10 as the deemed date. I knew it was too good to be true!! Well, I'll just have to sit tight for another week.

I'll keep you posted.

Sandra

But isn't it 28 days from the date of my service of the claim and not 28 days from their Acknowledgement of Service?

Well, I have been watching the days tick past and by my reckoning the YB's 21 days is up tomorrow. I've checked today on my MCOL and nothing has happened since they Acknowledged the Service. If I receive nothing in the post tomorrow morning or nothing changes on my MCOL, should I seek a judgment against them on Sunday via the MCOL.

What do we think out there? Am I rushing ahead, does it make any difference whether I seek a judgment immediately or later next week?

Regards

Sandra

Thanks Michael - will do.

I have today received a letter from the Clydesdale bank which reads as follows:

'You have failed to provide details of the account you claim to hold with the Bank (sort code and Account No) nor have you provided sufficient details of the charges you allege should be refunded (date and amount levied).

You are required to provide these necessary details to us by no later that 13th October 2006.

Should you fail to provide such details, we will apply to the court to have your claim struck out pursuant to CPR Part 3.4 (2) © and that you be ordered to pay our costs of the proceedings subject to detailed assessment on the basis that you have failed to provide full particulars of claim as required by the Civil Procedures Rules.'

Well, all of my correspondence was sent to my branch of the Yorkshire Bank (I have never written directly to the Clydesdale in Glasgow). I have quoted my account number on all correspondence but not my sort code. Why would I, when they hold my account? I have also sent to my branch a schedule of the bank charges I am claiming, together with the the interest calculation as per the spreadsheet I downloaded from the library.

Surly the responsibility lies with the Yorkshire Bank to pass this information to the Clydesdale in Glasgow.

Shall I now send a copy of the schedlue of charges to the Clydesdale with a snotty letter?

I have completed the MCOL and sent 2 copies of the schedule of charges together with an accompanying letter by post. Hopefully, Northampton County Court will marry the 2 together.

I have also sent a PM to Caro to add my thread to the Litigation in Progress section.

I would very much appreciate a volunteer to be my buddy at this stage - any offers?

Regards

Sandra

Thanks Michael

Just to confirm - I should proceed with the MCOL and support it by sending 2 copies of my calculated charges spreadsheet to the address you provided, identifying the case with the claim no.?

Any views on - the timescale between when I last wrote to YB (14/8/06) and my Moneyclaim?

- The amount claimed (as entered on the form), should this be exclusive or inclusive of the interest?

thanks

Sandra

Hello Everybody

For one reason and another I've not been able to progress my claim but now I'm back and I'm completing the Money Claim on line. As my letter of refusal to the bank's offer was on the 14th August, have I prejudiced my case and can I still proceed with the moneyclaim?

I would appreciate a little bit of clarity on completing the 'particulars of Claim' section on the form. This is what I have done so far: -

The Claimant has an account number xxxxxxxx ("the account") with the Defendant bank which was opened on or around 1989 and which is conducted on their standard terms and conditions. The Claimant is claiming the return of money taken by the Defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts)Terms Act1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

The claimant claims £430 plus interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 7/8/2000 to 1/10/2006 of £73.86 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of ?%

Is it sufficient to simply state '£430' or do I need to show how I have calculated it?

What should the daily rate of interest be or should I reword it to say 'at the current daily rate of interest'?

The amount claimed (as entered on the form), should this be exclusive or inclusive of the interest?

Thanks - I await replies with baited breath.

It doesn't matter how old they get - they'll always need mum.

Thanks everybody - much appreciated

At long last the information has arrived - better late than never - I suppose. I can now go through the statements and input the charges to the spreadsheet. Once complete I'll submit the request for repayment.

Keep you posted

Mum

Well surprise, surprise, The YB are calling my bluff! Oh eck!!

Having refused to accept their offer of 50% of what I am claiming, their letter says, and I quote: -

'To reiterate -"This cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this".

The Office of Fair Trading made comment on 'late payment of fees' levied by credit card issuers. There has been no ruling or investigation on charges relating to current accounts. Nevertheless, the Bank has made a generous offer which will not be increased.'

1. Would anybody like to comment on what they say?

2. I have started to complete the Moneyonline claim form - is the defendent the Yorkshire Bank or is it Clydesdale Bank cos even though I have been sending my correspondence to the YB, it has been Clydesdale that keep responding.

3. Sometimes I start to type into my thread and then go off to look something up but when I come back into my thread, whatever I typed in, has gone. Is there any way of saving it or do I have to complete and post it in one go?

Thanks muchly

Sandra

Thank you Michael,

I'll deliver letter on Monday - watch out for update.

Regards

Sandra

Thanks for that Michael.

With reference to my 2nd paragraph, would you agree that this should be my next step? My letter reads as follows: -

I am in receipt of your letter dated 9th August, 2006 but I am disappointed that you have not refunded the total amount claimed of £430 plus interest.

I am not prepared to accept the cheque offered in full and final settlement. However, I am prepared to accept your offer of £215 in partial settlement pending full reimbursement. The cheque will not be cashed until that time.

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

Regards

Sandra

I am desperately trying to get some guidance on whether to start again and pay another £10 to proceed with issuing an N1 claim form to the courts in relation to non compliance of DPA. Actions todate

12/6 - Hand delivered the 1st letter requesting statements etc. together with £10 cash for which I had a receipt - no response

1/8 - Hand delivered letter of non compliance to DPA request - no response

Unfortunately I have mislaid the receipt and have not received any written (or other) confirmation or response to either of my letters. I feel that if I proceed with the N1 claim to get the courts to make them respond to my request, I'm going to look pretty silly if they deny having received any such request and I can't show any proof of having delivered one.

Can anybody pleeeeaaaaaaaaaasse offer me some advise? If I have to start again then so be it.

Update -

Following my LBA, I have now received a reply from YB together with a cheque for £215 being half of what I have claimed (not including any interest of course!).

I believe my next step will be to respond with 'thanks, but no thanks, unless this is partial settlement' and give them 14 days to make payment in full. During the wait I'll be studying the 'moneyclaim online'.

Will the bank automatically calculate the interest because as yet I haven't made them aware of the 8% interest charge. I think I was right to exclude it from my original schedule of charges. Shall I send them another schedule with the interest charges shown together with the letter?

Regards

Sandra

Thanks Dan - I can't believe I did that!!!!!

How do I 'pm a mod'? Am I looking for an email address somewhere? I've looked and can't see how I would send a message to a chosen individual. Can your advise?

Regards - Sandra

Help please - I don't quite know how I managed this but how do I move this thread into the Nat West Forum?

Hi Folks

The 7 days was up yesterday and I am looking at sending the N1 form to the County Court in respect of DPA Non-Compliance. Please advise on the following: -

1 Value - is there one?

2 Under the 'Particulars of Claim' do I need to include a claim for damages when all I want is for the court to instruct the bank to send the damn statements? I am getting quite frustrated about this and would really appreciate some guidance/advise.

Somebody please answer.

Regards

Sandra

Hi Caro

I have read all the FAQ's and now gone as far as researching the MCOL. The following is the letter I delivered on the 1st August so time's up come tomorrow. But the problem is they have never acknowledged either of my letters and I have mislaid the receipt for the 1st one plus the £10 fee - should I just ignore this and forge ahead?

LETTER BEFORE ACTION

Section 7 – Data Protection Act 1998

Dear Sir/Madam

Account:

You have failed to comply with my Data Protection Act Subject Access Request dated 12th June, 2006.

If you do not comply within the next 7 days I shall seek a Court order obliging you to do so together with damages at the discretion of the Court and without any further notice.

Caro - your view on this would be much appreciated.

Regards

Sandra

Good luck Jackson

I'm putting in a claim on behalf of my son and have had no joy in getting any response from Nat West. I'm not prepared to get into any conversation with them on the telephone so I have now issued an LBA giving notice that I shall be seeking a court order obliging them to comply in relation to Section 7 – Data Protection Act 1998.

Best of British - I'll watch with interest.

Caro

Thanks for directing me to the MCOL (God! - I'm at it now!). I've had a browse through it so I have an idea of what to expect and it doesn't seem too difficult with all the help that's at hand. I'll advise again following the 14 day deadline for the LBA (I'm getting good at this).

Also, welcome to Vicki.

Regards Sandra

My son has certainly not taken a phone call. Myself and his dad don't recall having taken a call where the caller wouldn't leave a message - this is what I would have expected as the bank are unlikely to speak to anybody other than the account holder.

Thanks Caro

I would very much like to check out MCOL - what does it stand for? I don't seem to be able to see anything that this might stand for, and I am looking.