Huge Claim! Need Help Please!

[gizmo111]

They dont want people to think it is gonna be easy to get their money back or the flood gates will open.thats why they dont want to risk losing in court and will not disclose what their costs are.Because they are dispropotionate.And that is what your defence is based on.You cant be in breach of a contract that is unlawful in the first place

 

The contract isn't unlawful - just the charging regime.

[barnett]

Caro,

Thanks for your support. I don't feel very brave just worried that I may have lost 6.5k!!! Must remain positive and will be following thro till the end! Will keep you posted.

[zebbydog]

The contract isn't unlawful - just the charging regime.

 

Which would make the contract unlawful,beause the unlawful charges are a part of the contract.Which according to the banks we all agreed to

[caro]

I received my third offer today. When I say third, I mean the same unacceptable offer which will be rejected for the third time. ie all charges plus court costs but no interest.

[JonCris]

 

Anyway the interest will continue to mount while they keep delaying so I have nothing to lose by being patient.

 

Correct.

Remember to make mention that your offer to cash the cheque as part payment assists them to mitigate their losses by reducing the continuing interest charges.

[barnett]

Received letter saying Banks position hasn't changed and if I cash the cheques then it will be taken that I have accepted them as full and final settlement. Have done the 8% interest sheets and going forward with MCOL. As I still have the cheques can I deduct them from the total claim? If I do this and put in separate claim for each account then I can be under the small claims limit. Think this gives me a better chance of recovery. Also do I have to send interest sheets to anyone when I do claim? If so where do I send? Please advise. Thanks.

[Michael Browne]

I think you need to be very careful here. They've said in writing that if you cash the cheques then it will be taken that you have accepted it as full and final settlement. Therefore you can't cash the cheque.

 

But if you file for just the remainder and they settle, they could well bounce the original cheque on the basis that it was only offered as full and final, which you declined. And they have fully settled the amount you filed for.

 

 

I'd send the cheque back pronto and file for the total amount, it would mean fast track, but the advantages outweigh the disadvantages.

 

 

Dear Sir

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I cannot agree to your condition that encashment of your cheque would be in full and final settlement and therefore I respectfully decline your offer of settlement and return your cheque.

 

I request, once again, that you return to me all charges imposed on this account totalling £xxxx.

 

I will be issuing a claim in the County Court on xx/xx/xx

[JonCris]

Yes return the cheques by recorded delivery making sure that if it becomes neccessary you include the correspondence in your court bundle. Don't mark it "without prejudice"

[JonCris]

Forgot to mention, remind them that by insisting their part payment is full & final & not agreeing to YOUR terms they are failing to mitigate THEIR losses as the % will continue to acrue on the full amount on a daily basis. That should cover you with the court if they claim they tried to settle & you acted unreasonably.

[barnett]

Thanks for the advise guys. Could have made big mistake! Have already submitted MOLC for one of the accounts for the balance of claim, stating that I have already received part payment cheque. Taken advise from my lawyer after panicking, who says that if they offer settlement of claim I should only accept after making clear that I can cash the origional cheque on top of the offer. She advised not to return cheques but claim for balance cos it will stay in small claims and give me better chance. Will just have to wait and see!! Not put in claim for other account yet - going to wait and see what happens with this one. Just have to hope I haven't made a complete mess of things!

[caro]

Additionally, if it took another 6 months to sort the rest of the claim, the cheques would be out of date.

 

No disrespect to your lawyer, whose advice was perfectly reasonable, but I think it's unlikely she's had much experience of reclaiming bank charges, either for herself or for clients. Particularly not against YB. I don't suggest we are better qualified than her, or that her knowledge of the legal system is far superior to ours (well mine anyway). I would dare suggest though that collectively we have more experience on this issue. Having said that my sig (right at the bottom) still stands and I would probably consult a solicitor before deciding my next course of action if I were in your shoes too.

 

Best to consider all the options before making a decision.

[barnett]

Thanks Caro, Have entered MCOL which has been served. Y.B are going to defend. When I receive defence what do I do next?

[caro]

You will also get an Allocation Questionnaire from the court to complete, and you will find details of how to do this in the Bank Templates forum. Then you keep on waiting some more.

[barnett]

Thanks very much. They really semm to drag things out! Trust me to be with the most difficult bank! By the way I filed the first claim in my sole name when it is a joint account. have read some other threads on this and get the impression that it will be ok. Can you confirm, otherwise I will have to fill in amendment form with the court and pay £35.00. ten they will reserve claim in joint names. If not necessary will save me some money. Second claim being done next week but totals 6.5k with interest. will this be fastracked instead of small claims - court cost coming up as £250. Are you any further on with your claim?

[Michael Browne]

Single name is fine. CPR 19.6:

 

Representative parties with same interest 19.6 (1)Where more than one person has the same interest in a claim –

(a)the claim may be begun; or

(b)the court may order that the claim be continued,

 

by or against one or more of the persons who have the same interest as representatives of any other persons who have that interest.

[barnett]

Michael, Thankyou very much for that info, that has put my mind at rest.

[barnett]

MCOL filed for claim 1 on Dec 21st and claim 2 on Dec 5th. Both acknowledged and notice sent saying they intend to defend in full both cases. When do they normally send the defence? Do they wait till last min?

[JonCris]

MCOL filed for claim 1 on Dec 21st and claim 2 on Dec 5th. Both acknowledged and notice sent saying they intend to defend in full both cases. When do they normally send the defence? Do they wait till last min?

..........And some Northampton lets them get away with murder! Ask Freebird

[barnett]

Hi Jon. Can't find Freebirds thread, please enlighten me further!

[caro]

Freebirds case is in the Lloyds Successes forum. Yorkshire/Clydesdale tend to leave it to the very last moment to defend, ie 28 days.

[barnett]

Thanks for that caro.

[JonCris]

& beyond. In the case of Freebird she was told by the Northampton Court that even though the bank was out of time to present their defence she couldn't apply for a default judgment because they had been granted an automatic stay to give them more time to submit.

Absolutley appalling conduct on the part of these court staff & something that should be brought to the attention of HMCS

[barnett]

Received defence today basically saying that the charges were for a service. Filling in AQ today. Please could you tell me what to expect next?

[barnett]

Hi, sorry I haven't posted for ages but not much news! Y.B. have asked for one months stay on the first claim which has been granted. AQ submitted for second claim but no response received for that one yet. Kind of expecting the same reply. Just playing the waiting game now. Will let you know when anything else happens. No way I'm giving in on this. with the interest I stand to gain just over 15k on these claims!!

[barnett]

Well, lots been happening! The Y B have tried to have my first case struck out, but after writing to the court explaining that I cashed the cheque sent to me in part payment only, the Judge has ordered the case to continue and the hearing is set for March 15th. Really pleased about this.

The second case was granted a months stay and when that was up I contacted the court, having heard nothing from Y B, only to be told that Y B had contacted the court and said they had settled! (cos I cashed the 50%cheque on that case too). Told Judge is wasn't settled, had stay removed and been given a court date for this case for May 2nd. So roll on the court dates!! I'm not beaten yet!