My claim - Yorkshire Bank Visa

[chezt]

I think if the court have accepted the claim and you haven't heard anything yet you are probably ok for the English courts.

 

Can I take it that you have decided against claiming CI, or are you stating the amount of your claim before adding CI?

 

Once the claim is accepted it will definitely not be a problem dealing with the Legal Services Dept in Glasgow.

 

No I'm still claiming CI it's just on the N1 I paid the fee based on the charges +interest paid on them & used this amount to calculate the fee & just stated + interest on this part (being the CI?) Does that make sense .. it's really difficult to explain in type!

 

Yes the claim has been accepted by the court & I have had my copy back with the court seal on it ... It's actually on the N10 (Notice that ack has been served form) that the court has stated that the defendant has given the Glasgow address for service of it's documents

 

Hope that makes some sense?!

[caro]

I was under the impression that if you claimed CI, the interest was included as part of the claim. As long as its been accepted I guess its ok. I think the service address for documents is probably ok. It's only if the court said it was outside their jurisdiction that there would be a problem.

[chezt]

I was under the impression that if you claimed CI, the interest was included as part of the claim. As long as its been accepted I guess its ok. I think the service address for documents is probably ok. It's only if the court said it was outside their jurisdiction that there would be a problem.

 

At first the court did send it back as I put a scottish address in error!

 

As for the CI being included - I followed what Bong did on her claim and this seems to be a way round paying the higher court fees so it looks like the court accept it this way .... I spose it's cos it's extra interest on your claim sorta like the 8% stautory IYKWIM?

[bill-k]

.... I spose it's cos it's extra interest on your claim sorta like the 8% stautory IYKWIM?

I think that because CI is claimed in lieu of s.69, then it can be viewed in the same way as s.69 by the court for fee assessment. This seems a grey area, but if you can get it under the clerk's radar, then go for it, I reckon !!

[chezt]

I think that because CI is claimed in lieu of s.69, then it can be viewed in the same way as s.69 by the court for fee assessment. This seems a grey area, but if you can get it under the clerk's radar, then go for it, I reckon !!

 

Yeah that's kinda what I was tryna say too matey! Thanks for that! Anyway, it did work this time so I obviously 'ducked' low enough on this one!

[chezt]

OK on my return from holiday I got the AQ which I'm completing to return in the morning. I'm sending the draft order for directions so let's see what happens next! (The last time I used it they were not awarded but one can hope!)

 

I've just been researching the next step & note in GaryH's instructions the help with statement of evidence. I have also received a copy of the defence from YB as well as the one attached to the AQ & YB are defending on the basis that the charges are a legitimate contractual service charge AND that the charges are proportionate to or a pre-estimate of their actual loss (or damage as they put it!)

 

Looks like my statement of evidence will be a 'biggie' when I get to it ... GULP!

[chezt]

UPDATE!!

 

Got an N24 'general form of judgment or order' form today - Must have been delayed in the post stike & flooding etc as it was posted 21st June!

 

Anyway it states that 'upon allocation referral it is ordered that unless the defendant do file their allocation questionnaire by 4pm 5th July the defence be struck out'

 

Well that was today so planning to call the court 2moro to see if they received it! I spose I have to be prepared for them to be allowed extra time due to postal delays etc also though ......

 

So although the draft order wasn't granted this is a better result as I don't have any further work to do on this ...... Well for the time being anyway!

[chezt]

Well I called the court on Friday & YB have submitted the AQ ... Damn!

 

Anyway on Saturday YB sent me a copy & have also made an offer of settlement which is the total amount of charges with NO interest at all + the £50 court fee - needless to say I will be refusing as the least I would settle for is the charges + the interest paid on them .... which incidently they say they are not offering as it's to the court's discretion & they feel the court would not award interest in my favour!

 

They go on to say as it's marked without prejudice that it can not be shown in court without consent but that if I don't accept the offer the bank will refer the court to it when deciding costs to be awarded ... they draw my attention to a leaflet EX307 by HMCS ' the small claims track' in regard to this ... no leaflet or copy of is enclosed so I cant comment!

 

Anyway, it's all just looking like scare tactics to me ...

[caro]

Usual stuff chezt.

[chezt]

Usual stuff chezt.

 

Yeah that's what I thought - working on my refusal later! ... thanks for the reply!

[chezt]

Just a quickie !

 

I note in the copy AQ from YB that they ticked the box stating they wanted extra time to attempt settlement ... do I have to inform the court that an offer has been made but refused? Presumably not but just thought it worth asking .... I know I can't just copy them in on my refusal letter as YB's offer is marked 'without predjidice save as to costs'

 

Thanks in advance !

[chezt]

Still working on my refusal letter - Strugglin a bit as never done one at this stage before so not 100% what I should include ... almost finished tho so will post it later ...

[chezt]

OK - here's what I have - I may be repeating myself & saying too much ... I dunno!

 

Also the bit in red is incomplete as yet I dunno whether I should or shouldn't make some reference to what they said about costs & if I should what I should say ... IYKWIM?!

 

 

ACCOUNT NUMBER: xxxxxx

COUNTY COURT CLAIM NO: xxxxx

 

I am in receipt of your letter dated (DATE)and thank you for providing me with a copy of your completed N149 Allocation Questionnaire.

 

Referring to the Allocation Questionnaire, I must admit to being somewhat surprised by your response to Section A (Settlement). You have ticked ‘yes’, thereby requesting a one month postponement in proceedings in order that a settlement may be reached by way of negotiation.

 

Please note that throughout the process of this claim, and following my returning your offer cheque of £xx.xx, you have never given any indication whatsoever that you wish to settle this matter without the need for litigation. In fact, my previous attempts at settlement have been met with outright refusals to negotiate this matter, and on 23rd February 2007 I received a letter from Yorkshire Bank Customer relations which explicitly stated that the bank had issued its final response in letters dated 16th November 2006 and 5th January 2007 and therefore would not enter into any further correspondence. It is for this reason that I felt I had no alternative but to seek redress by way of Court action.

 

Having said the above, I do believe that litigation should always be a last resort and would of course be happy to settle this matter without the need for a court hearing. Like you, I am equally interested in reaching an amicable settlement in order to bring this matter to a close without accelerating my claim and incurring additional expense.

 

I have noted your settlement offer of £xx.xx plus £xx.xxx court costs, and I respectfully decline your offer as full and final settlement and also refuse the conditions attached to the offer. The fact that you have chosen to offer refund of charges only I find unacceptable as you have not taken into account any part of my claim for interest. I am willing therefore to continue with my claim to recover full costs.

 

I am completely confident in the strength of my claim and believe that the charges could indeed be proved to be unlawful penalties which you are trying to cloak as contractual service charges.

The current total amount of my claim, including interest and court costs stands at £xx.xx and the interest is continuing to accrue daily until judgment or earlier payment. I am quite willing to try and resolve this without the need to proceed to court but only if an acceptable, unconditional offer including interest is made.

 

I note that you state that the matter of interest is for the court’s discretion and it is your view that the court would not exercise its discretion to award interest in my favour. I disagree with this statement and have confidence in my claim that I am willing to proceed to court to prove otherwise.

 

I further note your comments in respect of my claim, and, I bring your attention to one point in particular. You appear to have misinterpreted the nub of my argument for it is fair to say that I do not disagree with the principal of charges. I merely believe that your level of current charges are not liquidated damages, a reasonable pre-estimate or an accurate reflection of your loss. This point has, as you know, been debated by various institutions and consumer groups, and the legitimacy of my belief is somewhat supported by the House of Commons, Select Committee on the Treasury in its Thirteenth Report that states, “we are not convinced that penalty charges of up to £39 are reasonable and accurately reflect the cost incurred by banks.”

 

I believe the rates you have charged are unlawful and therefore unenforceable. I have asked you previously for a full breakdown of these costs if you believe the contrary but none have yet been forthcoming.

 

I also note that your intent to refer your offer letter to the court when costs are to be decided ......????

 

In light of your indication of your intention to negotiate, I will await your communication informing me of how you wish to proceed. Should you wish to make a revised, unconditional offer, then I am willing to hear from you. With this in mind I shall not be contacting the court with the notice of discontinuance you supplied and therefore this claim remains open at this time.

 

Yours faithfully

 

chezt

[caro]

Looks fine chezt. The part in red I assume refers to the part of the letter that says "Without Prejudice save as to Costs". This means that if the judge agreed to you being paid the amount already on the table, or even less, they could produce the letter (but only after judgment) and theoretically the judge may decide to award the bank costs on account of your unreasonableness at not accepting the offer. If your claim is on the small claims track, and your claim is for statutory interest then the judge is likely to consider YB's threats and intimidatory so forget it.

[chezt]

Looks fine chezt. The part in red I assume refers to the part of the letter that says "Without Prejudice save as to Costs". This means that if the judge agreed to you being paid the amount already on the table, or even less, they could produce the letter (but only after judgment) and theoretically the judge may decide to award the bank costs on account of your unreasonableness at not accepting the offer. If your claim is on the small claims track, and your claim is for statutory interest then the judge is likely to consider YB's threats and intimidatory so forget it.

 

That is what I was referring to - It was really that they are basically saying if I do not accept the offer the bank will refer the letter to the court when deciding costs to be awarded. This is obviously a scare tactic to get me to accept this offer & not proceed - This is what I was wondering if I should also mention in the letter ... Perhaps?

 

The claim is most definately small claims & my claim is for charges + interest paid on them + CI or Stat in the alternative - They have only offered charges & no interest whatsoever which is why I am proceeding.

 

Anyway, so personally you would not bother to mention their comment or would you refer to it but mention that you take it as intimidation?

 

Thanks for the reply again btw

[caro]

I think I'd leave it as it may sound a bit confrontational. BTW it should be principle not principal.

[chezt]

I think I'd leave it as it may sound a bit confrontational. BTW it should be principle not principal.

OK that's fine by me!

 

I hadn't noticed the principal thing so thanks - tbh I've been beg, borrowing n adding from all over the place n didn't notice that one! Not sure the banks would either & looking at some letters they have sent out in the past, I don't think they would either!

 

Thanks again ... I'll get it printed n see what happens next!

[caro]

OK that's fine by me!

 

I hadn't noticed the principal thing so thanks - tbh I've been beg, borrowing n adding from all over the place n didn't notice that one! Not sure the banks would either & looking at some letters they have sent out in the past, I don't think they would either!

 

Thanks again ... I'll get it printed n see what happens next!

 

Very good point chezt. Make you wonder if you sent something really silly they'd notice that.

[chezt]

Very good point chezt. Make you wonder if you sent something really silly they'd notice that.

Yes I wonder ..... *Perhaps I will try it one day when I have less claims to persue! *

 

Thanks again for your help & comments .... Letter printed & ready to send ....

[bill-k]

Just wishing you all the best with that one, Chez, matey !!

 

And, actually, what happens is - if you send them something totally silly, you get an intelligent reply for once !!!

 

XXX

[chezt]

*OFF TOPIC* But it's MY thread so it doesn't matter!

 

I've had an e-mail (not a pm 'cos he can't do that!) from Bill-K saying he has posted me a message on my thread wishing me luck - that was ages ago & it still hasn't showed here! I'm presuming his account is still being modded/miserable user or whatever but surely a harmless good luck message should be passed ... for goodness sake!

[jonni2bad]

Here you go....

 

Just wishing you all the best with that one, Chez, matey !!

 

If there's anything else we can do for you, don't hesitate to ask.

[chezt]

 

If there's anything else we can do for you, don't hesitate to ask.

 

Why thank you!

 

Still dunno why it just couldn't be approved to appear on my thread though .... perhaps you could explain?

[chezt]

Why thank you!

 

Still dunno why it just couldn't be approved to appear on my thread though .... perhaps you could explain?

OK I take that as no then!

[chezt]

Anyway - Moving on ..........

 

Letter today from Clydesdale ..... blah blah blah .... in respect of your complaint about your unautorised overdraft charges (eh? )

 

It goes on to basically say that since I raised the claim the bank has become involved in legal proceedings with OFT in relation to charges & that they believe these proceedings will resolve the legal issues regarding the fairness & legality of the the charges

 

I should be aware that they will shortly be applying to court for an order to stay the claim until resolution ..... as a result my case is likely to be put on hold......

 

They go on to say they will update e appropriately about the proceedings with OFT ..... Assure me they have registered & stored the claim & once the legal proceedings between OFT & banks finish they will resolve my claim as quickly as possible!

 

HANG ON A MINUTE!!!! Me thinks they are a bit befuddled here .... this is a c/card claim & there isn't a sniff of an unauthorised overdraft charge - I think they are either getting too excited here or just some YTS (or wotever they call 'em these days!) has got carried away sending standard letters to claimants & picked up some incorrect files!!

 

Also, not only that - I got the exact same letter TWICE in seperate envelopes ... not folded into the small envelope which is standard postage but unfolded in an A4 envelope which will cost them large letter rate .... tsk ... money to burn these banks have!! (yeah ... mostly ours! )

 

8-) ;-)