My claim - Yorkshire Bank Visa

[caro]

I should do it by the book and do a new prelim. YB are bad enough at paying up, so it is as well not to give them any excuse to try and wriggle out of it. Good luck.

[caro]

There aren't any at the moment. You need to amend the original to suit your particular claim. Make it quite clear that you are claiming compound contractual interest.

[caro]

They have done counterclaims against a lucky few, including me, but I don't think I've seen one lately. Definitely send the cheque back with this mob, as they will find any little excuse to wriggle out of paying the balance.

[caro]

Apart from taking out respectfully, the letter looks fine to me.

[caro]

The defence says we deny the charges are unreasonable, we deny the t's and c's are unfair, we deny anything you claim. The counterclaim says if you win we want to claim our money back in full for costs, or damages or any other reason we can think of and we want section 69 interest.

 

I really can't get my head round the interest because that is to compensate for not having the money in the first place. But they have had it all this time. Pure twaddle!

[caro]

Twaddle indeed!??!

I was reading your thread earlier actually & it does seem like ur getting the runaround a bit - do your think they just pick on a few claims to 'play with' for amusement?! Hang in there - I'm sure u'll win - let's face it u have plenty of folk on your side with loadsa tips n knowhow etc

 

Thanks chezt. My day will come.

 

Basically they are saying that it really cost them the money I am claiming for the charges due to breaches. If that is the case let them prove it. And if it really cost them that much for the breaches, I won't win anyway.

 

Balderdash and Poppycock. They've picked on the wrong person. TBH I would be surprised if they counterclaim yours chezt but we will help if they do, so don't worry about it.

[caro]

ROFLMAO. I'm so glad they have never sent me a cheque. I think I would struggle too.

[caro]

:lol::lol:Sorry that just makes me laugh. I will try to behave.

[caro]

OK I won't. Anyway I've got a tinnie now so the weekend starts here. Cheers.

 

Better go and post a few litigation threads now before anyone catches me skiving. See ya.

[caro]

Letter from YB Visa today ... basically thanking me for letter of 17th November (err I sent a reminder letter on 4th Jan & no reference to this!?!) & apologising for delay in responding (Basically they ignored it!) Letter dated 5th Jan so this willl be the day they received my last letter.

 

They've responded to an old letter of mine on the day they would have received a new letter, and ignored the new one. Odd that.

 

As for costs, unless your claim is not going to be in the small claims track you can't claim them I'm afraid. I'm not really up on the contractual and compound interest POC so I'll let others advise on that. I'm struggling to get statutory interest from YB myself and when I put my claim in this wasn't an option. I believe George McMenamin successfully claimed it from Clydesdale in Scotland though. http://www.consumeractiongroup.co.uk/forum/scotland/19737-george-mcm-clydesdale-bank.html

[caro]

If you insist on going down this route chezt, at least make sure that it stays under the 5k limit. Because you are claiming compound interest it is 5k including interest and not 5k plus interest as it would be with statutory interest. This is to avoid the danger of incurring costs, although there is still some risk of this. I have read today that YB are taking someone to court for costs on a case that went wrong.

 

I can't really advise much more on this, except to advise extreme caution and be 100% sure that you dont mess up anything on your claim, as we know how keen YB are to find any excuse to get them struck out. Still, it's your claim and your choice how to proceed. I hope it works out well for you.

[caro]

Thanks chez. Glad you don't see me as just giving you a rollicking. Can you confirm if you've had any kind of offer? If not I think you'll be fine, or at least as fine as you can be going this route. I suspect you will have a long fight.

[caro]

Oh that's right, I remember you posting about that now. You couldn't bring yourself to rip it up and had to get hubby to do it.

[caro]

I believe that you can just go to court on the day and act as lay representative. I guess you could put a note with your bundle to say that this will be happening if it's ok with the court, but it remains to be seen if you get as far as submitting a bundle.

[caro]

Cheers Matey - Mucho appreciated

 

That sounds easy then!

 

No lets get it right ... they'll let me print & submit my bundle then settle the day after I post it (Like LW did!) Grrrrrr!

 

I took a calculated risk as I was advised that the reason YB can get away with not submitting a bundle on time (or at all come to that), is that they simply say they are trying to settle. My claim was settled 4 days after the bundle was due, and I decided to leave it a few days before printing it all off. The gamble worked but I will confess that I was apprehensive about it, and am not sure I'd recommend it as a course of action. I think I told the court what was going on to make sure I didn't land myself in trouble.

[caro]

All Yorkshire Bank claims are dealt with by the Legal Services department in Glasgow and this doesn't affect your claim. Did you send your prelim and LBA to Scotland or England?

[caro]

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.

[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.

[caro]

Usual stuff 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.

[caro]

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

[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.

[caro]

I take it you'll be reminding them this is a cc then chezt. They do seem to struggle with understand legal issues at times. Don't they learn anything when they look on CAG?