Huge Claim! Need Help Please!

[barnett]

Can some one help me please? Claiming against Yorkshire Bank for £13,500 of charges! Sent prelim letter, got reply saying no, stating bank charges etc and saying if I take to court they may counter claim for damages suffered due to breach of contract. Sent LBA today. Expecting same reply. Can I claim this amount on moneyclaim site? Do I send to branch or head office as this is in Scotland?

Would really appreciate advise. Thanks.

[Michael Browne]

REGISTERED ADDRESS: -

YORKSHIRE BANK PLC

20 MERRION WAY

LEEDS

LS2 8NZ

 

To counter claim they've got to step into court, they might of course, but have steadfastly refused so far. A claim for £13,500 would be fast-tracked where there is standard disclosure, eg a breakdoown of their costs to maintain your a/c, but greater cost risks if you lose.

[JonCris]

Can some one help me please? Claiming against Yorkshire Bank for £13,500 of charges! Sent prelim letter, got reply saying no, stating bank charges etc and saying if I take to court they may counter claim for damages suffered due to breach of contract. Sent LBA today. Expecting same reply. Can I claim this amount on moneyclaim site? Do I send to branch or head office as this is in Scotland?

Would really appreciate advise. Thanks.

 

As usual they are clutching at straws & trying to frighten you off. You can't be in breach of a contract if the performance of the contract is unlawful and/or in breach of regulation.

 

On the matter of fast track I will PM you

[caro]

I don't think you really need to worry about it being over the small claims limit, as all the banks have steadfastly refused to go to court, so the chances of you losing and having to pay bank costs are miniscule.

 

If you are really worried though, you could sever your claim to keep it under £5,000 and in the small claims track.

[barnett]

Michael, Thanks for replying. Is the address you sent the one I should use to send the money claim forms to? I have used the clydesdale bank add so far in Glasgow. Should I send them a copy?

Could you explain what you meant by it being fast-tracked. Thanks

[barnett]

Jon, Thanks for reply. Have read PM and would be interested to know otcome of meeting. Thanks

[barnett]

Caro, Thank you for the advise. I didn't understand your PM. I have never used a site like this before. Am I using it incorrectly? If so please advise.

[Michael Browne]

This is the defendants address for use when filing at moneyclaim. You don't send it to YB

 

Look at these threads.

http://www.consumeractiongroup.co.uk/forum/abbey-bank/23121-small-claims-fast-track.html?highlight=Fast+track

 

http://www.consumeractiongroup.co.uk/forum/legalities/21862-scc-fast-track.html?highlight=Fast+track

[barnett]

Michael, Sorry if I'm being really thick! You say not to send the moneyclaim form to the YB but the address you have given me is for the YB! Please could you clarify. Thankyou.

[Michael Browne]

No, the court does that, but surprisingly enough it needs an address to send it to

[JonCris]

As they are the defendants you put the address of the YB on the claim form (where indicated) send it to the court & they will then seal it & serve it on the YB

[barnett]

Hi All,

Is there anyone else out there claiming on fast-track for such a large amount? I would be really interested to know how you are getting on and if anyone has been paid out for such a sum!

Thanks.

[caro]

Other banks have paid out claims using fast track including Lloyds and Alliance and Leicester, but I am not aware that YB have - yet. I have no doubt that they would do everything they could to put you off doing this and try to scare you off, but at the end of the day you have been charged unlawfully, so you will get your money back.

 

Do you understand that by doing this, in the unlikely event of you losing your claim you could be held liable for YB's costs. My own view is that it is a small enough risk to be worth taking, but you must decide for yourself.

[barnett]

Thanks for the advise Caro. I intend to go all the way with this claim - after all someone has to be the first to suceed in claiming such a large amount from the Yorkshire Bank! I am aware that if I loose I will be liable for their charges. Have you any idea roughly what that amount would be?

Still waiting for reply to LBA, but no doubt will be same as first. Money claim next step.

By the way I started a thread in the welcome forum titled barnett v YB by mistake. Can you tell me how to delete this.

Thanks.

[ozzywizard]

Only way to delete it is to pm a MOD,either ask them to delete it or merge it onto this one.

[caro]

You will not be able to claim this online as it is outside the limits for MCOL. You will need to submit an N1 to your local court, but there is info in the bank templates library. Regarding costs, I guess it would depend how much work their solicitors put in, so not cheap.

[barnett]

Sorry I haven't posted for ages but I have been waiting for a reply to my LBA for weeks! Got a letter this morning with a cheque for £6,380!! This is aprox Half of my claim for £13,500 for the charges on two seperate accounts.

If cash it then I am accepting full and final settlement. Can someone advise me what to do please?!

If I reply asking for the rest, what are the chances that they will pay? Do you think they will force me to start court proceedings?

Would appreciate some help.

[paulpb123]

Barnett,

Best of luck with this. You're almost there now that they've sent you nearly half. Simply pay it into your account and say thanks, I accept this as partial payment but I will be seeking to recover the full amount. Caro, what do you mean about the limits of MCOL? Do you mean the amount? I'm sure you can claim for a lot more than 13k. Mine is over 10k and that hasn't been a problem.

[barnett]

Paulpb123,

Thanks for your support. Bit nervous about banking cheque as they have said that if I do this will mean that I'm accepting offer as final settlement. Please advise!

[paulpb123]

Yes, but they are trying to dictate terms to you. Write to them thanking them for the payment and that you accept it as partial payment but if they do not pay the balance within 7 days you will issue a claim against them. They owe you 13.5k and they have admitted liability for some, so where's the rest? Stick to your guns. I'm rubbish at doing technical things so if this link fails go to the Bank Templates Library where you will find a rejection of partial offer letter. Hope this helps.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[caro]

There is indeed a letter in the bank templates library, but I will just add a word of caution. YB tried to get JoolsTools claim struck out because he accepted the cheque, even though he made it clear it was a part settlement. He had not banked the cheque as it happens so the problem went away. YB is the only bank that I have heard of who have tried this ploy. Personally I think that as long as you make it clear that you see it as part payment the court should be fine about it, although I am not an expert. The safe thing to do is return the cheque as you will get it all in the end. It will be a long fight though. You must do what is right for you. That is a very big carrot they are dangling in front of your eyes. Think long and hard before deciding how you want to play it.

 

Paul, you are quite right. I must have been thinking MCOL was just for small claims, but I think you can claim up to about £100k. Don't know where my head was when I put that bit of misinformation.

[MAGZY]

Sorry I haven't posted for ages but I have been waiting for a reply to my LBA for weeks! Got a letter this morning with a cheque for £6,380!! This is aprox Half of my claim for £13,500 for the charges on two seperate accounts.

If cash it then I am accepting full and final settlement. Can someone advise me what to do please?!

If I reply asking for the rest, what are the chances that they will pay? Do you think they will force me to start court proceedings?

Would appreciate some help.

Personally, I would send the cheque back with a rejection letter (found in the templates library)The danger being that if you cash it then you might not have a leg to stand on in court at a later date.Proceed as normal in the the by step instructions (the proven method) and you will get your money back. The bitterness of losing 6k by cashing cheque will outlive the sweetness of getting 6k in your bank account today.Stick with it and go through the fast track court claim the odds are tremendously stacked in your favour regardless of the amount you are owed!M

[barnett]

Thanks very much for eveyone's advise. Has anyone else cashed a cheque offered in full settlement and then gone on to claim for the rest? The bank states that encashment of the cheque will be taken as acceptance of full and final offer. Does anyone know if this stands up in court? Has anyone received full amount without court proceedings? Sorry to ask so many questions but don't want to make a mess of things at this stage!In a real dilema cos I am determined to get back the full 13.5k but could really do with banking the cheque for 6.5k right now! Please help if you can. Thanks

[paulpb123]

Hello again Barnett,

I can't see any reason why you shouldn't accept their offer as partial payment. Make that clear to them. Its the YB that won't have a leg to stand on if it goes to court, not you. They can't just make up laws as they go along. And the terms of their letter won't stand for that reason. The basic argument is that you could sign any number of agreements or contracts, but if they are not lawful, they are not valid. If I were you I'd be running down to the bank first thing (via the postbox with a letter saying 'yeah, right, but can I have the rest of my money please'). I do tend to be a little aggressive with banks and mortgage companies though! Something to do with living inHackney...innit! Very best wishes,

Paul

[diddled]

I was once in dispute with my insurers after my car had been stolen. The insurers sent me a cheque in "full and final settlement" of my claim despite the value being disputed.

I wrote on the reverse of the cheque something to the effect that I was accepting the cheque on the understanding that is was in part settlement of my claim, then paid it into my account. I didn't encounter any problems.