Dave versus Yorkshire Bank

[dadey]

Hello all

 

I am at the stage where I have received my statements for the last 6 years. I have calculated charges on both my accounts and have sent both the prelim letter and LBA. YB have sent the standard letter and I am now trying to use Moneyclaim to instigate court action. The problem is that YB are part of Clydesdale Bank and as their Head Office address is in Glasgow Moneyclaim requires an address in England or Wales.

Should I use the branch address ?.

Any advice would be gratefully received.

[pjdudley69]

Hiya Dave. I didn't use MCOL myself, I did it the old fashioned way instead, but you need to use your branch address to make sure that it comes under English law. Your branch will pass it on to their legal dept in Glasgow, and all future correspondence will come from them.

 

PJ

[dadey]

Thanks PJ

I am intrigued as to what the old fashioned way is.

[caro]

PJ went to the court and filled in her claim that way. She is absolutel right about issuing the claim to your branch in Enagland. Keep us posted.

[pjdudley69]

Thanks PJ

I am intrigued as to what the old fashioned way is.

 

lol Caro is right, I went into court and used the old pen and paper [none of this t'internet malarkey] so that I could get away without messing about paying fees then claiming them back [cos I'm exempt]

[dadey]

Thanks for that Caro/ PJ

Just received notification from the courts that 2 county court judgements have been issued to YB on my behalf and will be deemed to be served on the 7th Aug. Will keep everyone posted as to responses etc

 

Dave

[toffo9]

hi, im also in process and waiting for statements. what id like to know is do u put interest on what they owe you and what rate would it be.

[caro]

Hi toffo and welcome. If you study the FAQ's and step by step instructions you will find how to calculate everything. It takes a few days to take it all in but will be worth it. Interest is not a straight yes or no answer so take a look and it should become clearer in time. Also start your own thread then we can all follow your progress and offer help and advice as time goes on.

 

Good luck.

[dadey]

Hi everyone

 

Just received notification from the county court that YB have responded and intend (as expected) "to defend all of the claim".

The document states that YB have to file a defense within 28 days.

Do anyone out there know whether they are in the habit of filing a defense etc.

Hope they do and that it does go to court as I would love to hear them justify their exhorbitant charges.

Any help advice would be much appreciated as always.

 

PS - Has anyone any knowledge/ proof as to whether the banks trawl this site and these pages.

 

Dave

[dan-rides-bikes]

yes they will file a defence

[caro]

Hi everyone

 

Just received notification from the county court that YB have responded and intend (as expected) "to defend all of the claim".

The document states that YB have to file a defense within 28 days.

Do anyone out there know whether they are in the habit of filing a defense etc.

Hope they do and that it does go to court as I would love to hear them justify their exhorbitant charges.

Any help advice would be much appreciated as always.

 

PS - Has anyone any knowledge/ proof as to whether the banks trawl this site and these pages.

 

Dave

 

They seem to take as long as possible, or even longer than they should to respond. The banks cannot lawfully trawl this site without permission from admin, but we know their contempt of the law sooooooo......

 

No proof of anything but if you have any surprises planned I suggest you keep it to yourself and let everyone know about it later. This is my personal, and maybe cautious view.

[norvernrob]

I think your view is absolutely right Caro.

 

By all means talk about what's happening with your case within these forums, but anything you don't want the bank to know, I wouldn't post it up.

 

They will certainly file a defence as well, and keep you waiting for your money until the bitter end. I don't think they realise that we are all willing to go as far as it takes.

[dadey]

Help

I have issued to CCJ's to YB. They have informed me that they intend to defend 1 but nothing on the second. I am now passed the time to enter default on the 2nd and MCOL will allow this, however it asks what interest I want to claim since the date of claim. I assume that this means interest since the CCJ was submitted to the courts. It also asks for the interest rate and period from and to.

Any help/ advice gratefully received

[caro]

A CCJ is a County Court Judgment. Are you sure this is what you issued or was it a small claim. You said earlier that the Bank were deemed served on 7th August so they have 28 days from then to submit a defence as they have stated that they will. Therefore you should not be entering judgment by default.

 

You need to be much clearer about what you are doing. Spend more time reading the FAQ's etc, and also the very helpful guidance on the MCOL website.

[dadey]

Caro

To clarify. I went through mcol and issued two claims against YB both less than £1,500 so you are probably right that they are small claims and not CCJ's.

The first claim that I issued was acknowledged by YB immediately so I am aware that they have 28 days to defend. The second claim was not acknowledged by the 14 day deadline and so I requested a judgement and mcol allowed this. Since I entered the judgement YB have acknowledged, but this was after the deadline so I am not sure where this one stands.

As to your final comments I can say that I have trawled for many hours on the various forums and picked up lots of useful tips which I appreciate greatly. However I am less appreciative of the tone of your reply as I requested for help, not a lecture. Despite this I still intend to donate.

[caro]

Others have found that this bank have been allowed to defend after judgment by default has been requested. This has happened to Rachel and Dan-rides-bike who both have threads in this forum.

[dadey]

As with both Dan and Rachel mcol is now showing that the judgement on my 2nd claim against YB, which was initially allowed, is now rejected. I have e-mailed the courts pointing out that both my claims against YB were issued on the same day to the same address. It is strange therefore that Kisty Ross acknowledged one, the day after issue, but waited until the day after the deadline to acknowledge the other. I also pointed out that they have done this to several other claimants and by allowing this the courts are allowing YB to ride roughshod over the legal system,

I know it won't change the decision in my case but may just flag up to the courts the games that YB are playing both with us and them.

[dan-rides-bikes]

mine was never rejected,

 

YB's application for the set aside mentioned internal admininistration error

 

that hearing aint till the 5th September

 

i assume its why i got an offer so early in the fight of complete charges refund + costs + a bit of interest

[caro]

mine was never rejected,

 

YB's application for the set aside mentioned internal admininistration error

 

that hearing aint till the 5th September

 

i assume its why i got an offer so early in the fight of complete charges refund + costs + a bit of interest

My point was Dan that YB did not acknowledge within the prescribed time scale allowed by the court, as they did not acknowledge dadeys 2nd claim on time. They did, however, then go on to pursue the issue after the deadline, although you have now reached an agreement. I am unclear why there is a hearing date for set aside, although I understand you haven't received payment so I guess the case is still officially on-going, but rather than hijack this thread any further, I will check your thread later to clarify this.

[dan-rides-bikes]

problem is i think the time of day moneyclaim update - if there is docs in the system and you file judgement i think it gets manually overridden if the moneyclaim page just has not been updated

[dadey]

Just to update

I have received notice of transfer of proceedings for both claims that I have against YB. They are using the same arguments i.e. both accounts are in joint names but the claim is only in my name. Interestingly they have got my wife's name wrong on both defences. Kirstie Ross then goes on to say that at all times both accounts were governed by their statdard terms and conditions, which were agreed by us when opening both accounts and they deny charges were a disproportionate penalty blah blah etc.

Will complete allocation questionnaire for both defences and return to local court.

[trundlecat]

Same old, same old. Are they threatening to have the case struck out due to there being only one claimant?

[dadey]

Hi Trundlecat.

Yes they are, the wording that they use states "If, which is denied, the bank is liable to the claimant as alleged or at all Mrs ***** as one of the customers is jointly entitled with the claimant to the same remedy. The claimant has therefore failed to comply with CPR 19.3 since Mrs***** has neither joined in the action as a claimant nor been named as a defendant and the action is liable to be struck out under CPR 3.4(2). The remainder of the defence is without prejudice to the contention in this paragraph".

I intend to complete the "other information" box of the allocation questionnaire to inform the judge that this was an oversight and that my wife is prepared to sign whatever is needed to further the action against YB.

[trundlecat]

Put the points below on the AQ & in a letter to Ms Ross:

 

1. As you do not have to act jointly on the account, even though it's in joint names, you do not accept the requirement to have both of you on the N1 (claim form).

 

2. Should you & your wife have ever seperated & the account ever required collections action the bank would excersise their right to persue you as individuals so there is no natural justice in insisting the customer cannot also have this right. This would amount to an unfair contractual term.

 

3. If necessary you will not hesitate to complete form N244 to include you wife on the claim.

 

4. You're prepared to accept any settlement payment in joint names.

 

Flower it up & make it sound respectfull on the AQ (sir, I would like the following to be considered regarding the banks request for the claim to be struck off blah blah blah).

 

On the Ms Ross letter address it from the both of you & get your wife to counter-sign it.

 

Good luck,

TC

[trundlecat]

1 more point. They put exactly the same on their AQ & defence for my claim & the judge must have been so impressed with them trying to wriggle out of it in this way he disregarded it & then refused their request for a 1 month stay to attempt settlement