My claim - Yorkshire Bank Visa

[Guest bong]

yes its all interest for borrowing money.

[chezt]

Thanks for your help - off to tear up my cheque n shed a lil tear

 

Be smilin when I get the bigger one tho eh!

[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!

[Guest bong]

what they're saying is that you have caused them even bigger losses than the amounts they charged for the breaches and thats what they want interest on. but it's all twaddle as you say and scare tactics.

[chezt]

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!

 

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

[chezt]

Bong if I understand u then basically if Caro wins they want compensation for what it's cost them to defend, which they wouldn't have had to do if they hadn't made the charges in the first place ... nice one! :-|

[Guest bong]

its not the costs of defending the claim (although they are probably intimating that they would win those as well), but the costs of the breaches, ie the late payments or whatever. They're saying that they will be entitled to damages for those breaches in addition to the interest you're paying on the debt.

[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.

[chezt]

TBH I would be surprised if they counterclaim yours chezt but we will help if they do, so don't worry about it.

 

Thanks - that's good to know!

 

if you win & they counterclaim for their actual costs then that's ok isn't it! it only REALLY costs about 50p per charge n I'm sure you could afford to pay the actual charges outta your settlement - After all none of us are denying we don't mind paying for the ACTUAL costs are we ...

[chezt]

its not the costs of defending the claim (although they are probably intimating that they would win those as well), but the costs of the breaches, ie the late payments or whatever. They're saying that they will be entitled to damages for those breaches in addition to the interest you're paying on the debt.

 

Gotcha! Well as I posted to Caro - none of us mind paying the actual costs do we (outta our settlements of course) Actual costs should only be a few quid outta our payouts anywah eh!

[chezt]

Righto update on me n my claim ... letter refusing settlement posted recorded delivery today with a torn in two cheque attached!

 

I couldn't do it tho - I got hubby to do it! PMSL!

[caro]

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

[chezt]

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

 

I'm not kidding either! I just couldn't! :-|

[caro]

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

[chezt]

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

 

Don't behave - that's nooooooo fun!

[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.

[chezt]

Thanks for your help:)

[chezt]

Well LBA expired yesterday & Nowt ... not a sausage ... not even a cellotaped back together CQ with the amount tippexed n changed!!

 

Looks like one for the courts then eh! Gonna see if the postie brings anything 2moro me thinks as I sent the CQ back with my refusal letter via recorded del & it was only signed for on the 21st!

 

One can hope eh!

[chezt]

Still no sausages!! Been really busy so haven't gone any further with this yet .. preparing POC & need to include in my wording to account for contractual interest & that I will accept the 8% statutory as an alternative ... here is what I've come up with so far ....

 

1. The Claimant has an account xxxxx with the Defendant, opened around xxxx. 2. Since xx.xx.xx the Defendant applied charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £xxx.xx; (b) Compound Contractual interest of xx.xx% - £xxx.xx continuing at xx.xx% until judgment or settlement at a daily rate of £0.xx; I claim in the alternative Interest per S.69 County Courts Act 1984 of 8% (£xxx.xx giving a total of £xxx.xx £0.xx daily rate) 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

Any comments/amendments gladly received as I really wanna get cracking with this ASAP ...ta!

[bill-k]

Chez, just clicking in on this thread (it's about time !!!)

 

Regarding POC above, I guess you'll be revising them to the full N1 version, as discussed with Bong & Glenn elsewhere.

[chezt]

Chez, just clicking in on this thread (it's about time !!!)

 

Regarding POC above, I guess you'll be revising them to the full N1 version, as discussed with Bong & Glenn elsewhere.

 

Certainly will me dear ....got a lot of work on ATM haven't I!!??

 

Once I've cracked one though it's more or less just a case of copying n amending for use again IYKWIM ... nice to know ur still keepin an eye on me!

[chezt]

OK still not done N1 on as been busy n tryna get my head round N1 POC which I've cracked now .... BUT I have been reviewing my claim ... I got a letter a while ago from YB Visa advising the APR would be changing in November from 17.9 to 19.9% ... Do you think I should now issue a revised LBA claiming the higher rate or should I just proceed with N1 at the 17.9 already used ... doesn't make much difference to the claim as it's not a huge one but .....

 

Can't beleive I never got a response to my torn up cheque refusal letter.... they deffo got it as i've a siggy on this one!

[bill-k]

Why not issue a revised LBA ? Worth a few quid at least !!

[chezt]

Why not issue a revised LBA ? Worth a few quid at least !!

 

Yup that's what I was thinking ... Also buys ME a bit more time to get POC just right!

[chezt]

Trailing behind badly on my deadline with this claim so to bring things back to some order I'm issuing a 'final notice before proceedings' in an attempt to 'gee' things up a bit n to 'air' my disgust at them not bothering to reply to my refusal of offer letter with the torn up cheque!

 

Was gonna amend the rate to 19.9% as per their recent increase but I can't really justify this now as I notice on my statements they have accepted the offer of reduced payments from CCCS & also seem to have frozen the interest & charges .... they are being really fair so I'm not gonna amend the rate as I haven't actually been charged it (not going soft am I?? :-| )

 

Here's my letter I'm gonna post 2moro ....

 

FINAL NOTICE BEFORE PROCEEDINGS

 

Dear xxxxxx

 

ACCOUNT NUMBER: xxxxxx

 

I am extremely disappointed that you have not at least had the common decency to respond to or even acknowledge my letter of the 17th November 2006 in which I returned your cheque of £xx.xx (torn in two) which was sent as an offer to settle of my claim for repayment of charges. This letter was posted recorded delivery and signed for on 21st November 2006 and I have a copy of the signature for my records.

I feel I have been particularly fair and lenient with my timescale and have already given you ample time in which to settle my claim in full and therefore I will now only allow another 7 days for you to deal with my request without the need for court action. I would be obliged if you could now refund in full by return a cheque for the full amount of my claim no later than Friday 12th January 2007. Failure to do so will leave me no alternative but to begin a claim against you in the County Court without further delay for the full amount including interest (currently standing at £xx.xx as of today’s date and incurring interest at a daily rate of around £0.xxp) plus my costs and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

I have attached another updated schedule of the charges which I am claiming for your information.

I ask you to note that I require full payment of this refund by cheque, not refunded to my account as it is my intention to forward the funds via CCCS to distribute to all my creditors. This request is not unreasonable and I trust this will be satisfactory.

I trust this clarifies my position and I look forward to receiving your positive reply. You are reminded that there will now be no further extension to this timescale.

Yours faithfully

chezt

I know I really should just proceed with court action on this one but really want to point out my 'disgruntlement' (if there is such a word!!) at the no response bit ... hopefully this will be the kick to get the settlement cq by next week ... if not they it's deffo *hi ho, hi ho .. it's off to court we go .....*