Zedwoo Vs Yorkshire Visa

[Zedwoo]

Hello Guys,

 

It's been a while since i've been on here, last time I won back some charges the wife spent the lot on our wedding:rolleyes:

 

Anyway, now that the recent OFT case has had a verdict I thought I would resume what I started what seems like and probably is years ago.

 

I have just checked my old files and noticed I sent a LBA to YB Visa on 27th June 2007. Now I have all the charges in a spreasheet dating back to 2001 with all the compound interest etc. The question is what do I do now?

 

I'm thinking of double checking my charges using one of the spreadsheets on here. Then what? last time I used MCOL. Do I do the same or do something different?

 

Thanks in advance:D

[maroondevo52]

Hi, Zedwoo.

 

All MCOL claims are automatically stayed, It's better to file at court.

I had a Visa claim paid out a few weeks ago, as the 'test case' did not involve Credit Cards.

 

My claim was through FOS, but I think you have to complain to them within six months of receiving your banks 'Full and Final' offer.

 

 

Regards.

 

Scott.

[Zedwoo]

Hi Scott,

 

Thanks for the quick reply, sounds very promising.

 

So do I go down the N1? form route? Or do I have to send another LBA or just simply file with my local court.

 

I'm a bit rusty matey:oops: what is FOS?

 

Thanks

 

Ant.

[maroondevo52]

Hi Ant.

 

Yes, N1. I would'nt bother with another LBA, think you've done enough.

 

FOS is the Financial Ombudsman Service, here's their website....

 

Financial Ombudsman Service

 

 

Regards.

 

Scott.

[Zedwoo]

Im just looking arouns the site for the POC for the N1 form. I noticed the sticky above with the YB POC doesnt work. Can someone post a copy of their POC for YB visa please?

 

Also as my total claim including 8% for my old Visa is £630. What should I put as the cost on the N1 form? I paid over £100 years ago on MCOL but i think it varies for amounts doesn't it?

 

Thanks

 

Ant.

[caro]

This is the N1 template for credit card claims.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/122528-credit-card-charges-poc.html#post1140456

[Zedwoo]

Hi Caro,

 

Thanks for the link. I found that page yesterday, but I noticed that the YB wasn't listed.

 

I scanned through a few examples and noticed they are alll different near the shedule section at the end. Do I need to copy and adjust a specific POC that will be ok for YB VISA.

 

Many Thanks.

 

Ant.

[caro]

Well templates are meant to be adjusted to suit. Do you have a copy of your T&C's so that you can amend the POC to suit? If you want to have a go and post it here I'll gladly try and help, or get someone with better legal knowledge to take a look.

[Zedwoo]

Ok, thanks. I'm 99% certain I don't have my T&C anywhere. But I will have a go at the POC and post them up.

[Zedwoo]

I'm working on my POC of claim now for my N1 form. I've just been reading various threads, Am I correct in thinking as my claim is for Yorkshire Visa only it wont be affected by the test case?. A few on here have mentioned this?

 

If thats the case then I can hand deliver the N1 form tomorrow.

[Zedwoo]

I've just had a go at the POC, can someone check to see if its ok. Ive used the Barclaycard credit card template. So If all ok I can just copy this belter onto the N1 form?

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant entered into an agreement (“The Agreement”) with the Defendant on or around 01/08/2001, whereby the Defendant was to advance credit facilities to the Claimant under a running credit account, Account no xxxxxxxxx 0923("The Account").

 

2.The Agreement essentially consisted of the Defendant providing the Claimant with a credit card (“The Card”) which would allow the Claimant to make purchases and receive cash advances on credit. In return the Defendant was entitled to charge interest at the published rate.

 

3.The Agreement was a Regulated Agreement for the purposes of the Consumer Credit Act 1974.

 

4.At all material times the contract was subject to the Defendant’s standard terms and conditions which could be varied from time to time.

 

 

Summary

 

5. Throughout the course of the Agreement, the Defendant has added numerous default charges to the Account for the Claimant’s failure to make the minimum payment on the due date and or for exceeding the credit limit and or if a payment is returned. (Full particulars are set out in schedule 2).

 

6.The default charges were applied in accordance with the standard terms of The Agreement which were:

a). A penalty payable on breach of contract and thus unenforceable: and

b) An unfair term under the Unfair Terms in Consumer Contracts Regulations 1999 (“The Regulations”) and therefore not binding on the Claimant.

 

 

7. The Claimant is accordingly entitled to repayment of the sums wrongly added to the Account.

 

The Charges

 

 

8. The standard Terms of the Agreement in substance provided as follows:

(a) The Defendant would provide the Claimant with the Card. The Claimant was entitled to use the Card to make purchases and receive cash advances up to a credit limit (“the Limit”) set by the Defendant. The Defendant could unilaterally change the Limit by giving the Claimant notice in writing.

(b) The Defendant was entitled to charge interest on the purchases and cash advances at the published rate.

© The Claimant was to pay the minimum payment of 2.25% of the amount owed or £5 (whichever was the greatest) by the due date as notified in the monthly statements.

(d) In addition the Defendant was entitled to charge default fees (“the Charges”) where the Claimant exceeded the Limit, did not pay on the due date or had a payment returned. The Charges are currently £12 for each transgression. Prior to 2006 the Charges were £20.

 

Penalty

 

9. The Charges were payable on breach of contract by the Claimant.

 

10.The amount of the Charges exceeded any genuine pre-estimate of the damage which would have been suffered by the Bank in relation to the Claimant’s transgressions.

 

11. In the premises the Charges were punitive and a penalty and thus unenforceable at common law.

 

The Regulations

 

 

12.At all material times the Claimant was a consumer within the Regulations.

 

13. At all material times the terms of the Agreement providing for the Charges were unfair within regulation 5 of the Regulations in that contrary to the requirement of good faith they caused a significant imbalance in the parties' rights and obligations to the detriment of the Claimant.

 

14. Without prejudice to the burden of proof, the Claimant will refer to the following matters in support of the contention that the terms are to be assessed as unfair as at the time of the conclusion of the Agreement, and of each revision to the Standard Terms.

(1)The terms relating to Charges were standard terms; they would not be individually negotiated.

(2)The Charges were a penalty for breach of contract.

(3)The Charges exceeded the costs which the Bank could have expected to incur in dealing with the exceeding of the credit limit, late payment or returned payment.

(4) Accordingly the Charges were a disproportionate charge incurred by the Claimant for their failure to meet their contractual obligation and thus within the ambit of Schedule 2 (1) (e) of the Regulations and indicative of an unfair term.

(5) As the Bank knew, the Charges were of subsidiary importance to the customer in the context of the Agreement as a whole and would not influence the making of the Agreement.

(6) As the Defendant knew, the Claimant had no means of assessing the fairness of the Charges.

(7) In the premises, the effect of the Charges would be prejudicial to the customer who incurred them, and cause an imbalance in the relations of the parties to the Agreement by subordinating the customer’s interests to those of the Defendant in a way which was inequitable.

 

15.Without prejudice to the burden of proof, the Claimant will contend that the terms imposing the Charges are not core terms under regulation 6 of the Regulations and relies on the following matters.

(1) The assessment of fairness does not relate to terms which define the main or core subject matter of the Agreement.

(2) The assessment of fairness does not relate to the adequacy of the price or remuneration as against the goods or services supplied in exchange (in other words, whether or not the relevant services were value for money).

(3) The Charges are correctly described as default charges by the Defendant in the key information provided to new customers.

 

16. By reason of the said matters the terms were not binding under regulation 8 of the Regulations.

 

17.The Defendant wrongly applied Charges to the Account totaling some £457 between 07/09/2001 and 07/03/2005. Particulars appear from Schedule 2.

 

18. On 10/05/2007 the Claimant demanded repayment of the sums wrongly applied.

 

19. The Defendant has not repaid them or any of them.

 

And the Claimant claims

 

(1) A declaration that the sums totaling £457 have wrongly been applied to the Account

 

(2) Payment of the said sum of £457.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date in the sum of £175, and at the daily rate of [ xx ] until judgment or sooner payment.

 

(4) Court costs of £60.

I believe that the facts stated in these particulars, comprising of x pages, are true.

 

Dated

 

 

 

Signed

A couple of qestions: what do I put the daily rate at? And Is £60 correct for teh court costs, I cant find the right costs.

Many Thanks.

Ant.

[Zedwoo]

Can someone help/confirm my POc are ok plz?

[sea-sidelady]

Hiya Ant,

 

Your daily rate is your charges timed by 0.00022

 

Here is a link to the court costs.

Fees

[Zedwoo]

Thank you sea-sidelady,

 

I wasn't to sure about the daily rate. Do you know if my POC i have ammended are ok for my N1 form? if so I can hand deliver them with the £65 fee and get the ball rolling, that amount of cash would be very welcome before the holidays begin:D

 

Many thanks.

[steven4064]

Ant

 

I had a quick run through your POC - it looks pretty standard - no glaring ommissions or errors. Go for it.

[Zedwoo]

Thanks Steven,

 

Blimey a few nice people on here, thanks:D

 

I will add the details to my N1 and take it to warrington court on friday morning.

 

 

Ant.

[sea-sidelady]

Dont forget to take 3 copies of everything.

[georgieboy]

Ant

Very best of luck - hope it all go's well for you it would be nice to hear another good result on the site.

[Zedwoo]

Thanks georgieboy,

 

Hopefully I can get the money owed back before the summer holiday my wife wants

[Zedwoo]

Hey Guys,

 

It's been a while, managed to get a holiday in amongst all the fun:D.

 

Whats happened so far:

 

I delivered my N1 forms (x3) to my local court. I received a Notice of issue. It stated the claim was issued on the 2nd July, Served on the 4th July. Surprise they acknowledge the claim on the last day and state they intend to defend the claim in full. Now this Acknowledgement states the defendent has 28 days from the date of service to file a defence. SO thats 28 days not just week days from the 11th of July right?

 

If thats the case then they have exceeded the time allowed as by my calculations its on day 34.

 

My question is what do I do now? I was expecting either an Allocation questionaire or a small offering but to my surprise nothing.

 

Can some nice person please clarify this and suggest what to do next?

 

Many Thanks

 

Ant.

[Zedwoo]

Ooh this sounds good, I've just checked the FAQ section again. If I'm correct I have won by default. Looks like I have to request for Judgement now.

 

I have just checked on my notice of issue document I received from teh court the bottom of teh page is a 'Request for Judgement' Section. Do I simply fill that in and deliver it to the courts?

 

Can someone please confirm this?

 

Thanks

 

Ant.

[maroondevo52]

Hi, Ant.

 

I'll ask someone to have a look

 

Regards.

 

Scott.

[Zedwoo]

Thanks for the speedy reply Scott,

 

Ant.

[sea-sidelady]

As long as your dates are correct, then yes you have. You can always call the court to make sure nothing has been handed in from their side, and if not, go ahead with the judgement. Have a really good read of the link you found first.

[Zedwoo]

Hello sea-sidelady,

 

Thanks for the quick reply, its just what I wanted to hear. I can't wait now to go to the courts tomorrow.

 

Many thanks to everyone who gave me the little nuggets of confidence.

 

I will update everyone tomorrow when I return from court.

 

Thanks

 

Ant.