My claim - Yorkshire Bank Visa

[Guest bong]

looks good chezy:)

 

Happy New Year! BTW

[chezt]

looks good chezy:)

 

Happy New Year! BTW

 

Awww same to you hunnie!! Thanks for popping by n giving my letter 'the nod!' Don't spose u know owt about catalogue claims do you .... http://www.consumeractiongroup.co.uk/forum/other-institutions/41146-chezt-littlewoods-catalogue.html

 

[Guest bong]

nah sorry chez, just had a quick look - haven't any experience in that dept. good luck though

[chezt]

nah sorry chez, just had a quick look - haven't any experience in that dept. good luck though

 

Cheers me dears ... appreciate it ... feel free to pop in on any of my threads anytime ... ur always welcome

 

I'm subscribed to your 13yr contractual thread ATM ... ur doin good & deffo a good read!

[Guest bong]

thanks, lets hope HSBC agrees with you

[bill-k]

Letter looks good to me, too, Chez.

 

Sorry - still catching up after a day on the spreadies !!

[chezt]

Letter looks good to me, too, Chez.

 

Sorry - still catching up after a day on the spreadies !!

 

Hey don't apologise Bill ... ur a busy bloke I understand .... ur far too busy to be goin round wiping my botty all day!

 

I know ur there if I need you tho

 

(have you looked at my Abbey c/card claim yet BTW ... worth a read if only to laugh at their 'offer' letter - here's the link 'cos the one in my siggy won't work! http://www.consumeractiongroup.co.uk/forum/abbey-bank/49253-chezt-abbey-credit-card.html )

[chezt]

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 confirm receipt of returned cheque and advise however that the bank's position remains unchanged from that which was stated in their final response dated 16th November ... they trust this clarifies the bank's position ...

 

Yes it certainly does ..... In the courtroom in front of the judge explaining how their charges are not unlawful!!! OR In front of a chequebook with a pen writing out one for the FULL amount of my claim!!!

[Guest bong]

either will do thanks:p (he he!)

[chezt]

either will do thanks:p (he he!)

 

Certainly willl .... just finalising POC then it's off to court we go ... !

[hoogie32]

Keep at em Chez.

[chezt]

Keep at em Chez.

 

 

Aww cheers for the message hoogie ... will do

[chezt]

here are my POC so far ...

 

xxxx COUNTY COURT

BETWEEN

chezt CLAIMANT

AND

YORKSHIRE BANK DEFENDANT

 

PARTICULARS OF CLAIM

1. The Claimant has an account xxxxxx ("the Account") with the Defendant which was opened around 1999.

2. Since date the Defendant applied numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges applied to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £xx.xx and interest charged thereon in the sum of £xx.xx;

b) Court costs;

c) the additional costs incurred by the Claimant in the writing and sending of letters to the Defendant pursuant to this claim in the sum of £XX, as set out in the attached list of costs.

d) the Claimant claims contractual interest at an annual rate of xx.xx% compounded daily, from the date of each transaction to 26th January 2007 of £xx.xx, as set out in the attached list of charges. The claimant further claims interest at the same rate from the date of application of each charge, up to the date of judgment or earlier payment.

The Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s standard interest rate for purchases that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 9th April 2004 to 26th January 2007, which is £xx.xx and continuing until payment or the date of judgment at a daily rate of £x.xx.

I believe that the contents of these particulars of claim are true.

 

Signed:

 

Date:

 

I've put the dates as to 26th jan as this when I'm hoping to file by (I can obviously amend this if needs be)

 

My only query now is relating to the costs of letter writing etc (in bold) What is deemed a 'reasonable' amount to claim for this if anything and what detail do you need to provide?? May be tempted to leave it out if it's all too complicated!

 

Cheers in advance to all who pass comment!

[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

[Guest bong]

re costs, you could change that to read costs allowed by the court. then, if you believe that they protract this for no reason other than causing you inconvenience and offer to settle at the last possible moment, you could tell them you also want costs you have incurred as a result of this, or that you will proceed to the hearing and ask the court to make an order for costs based on their unreasonable behaviour. the type of thing you would claim for in that instance would be the costs of preparing your court bundle at the litigant in persons hourly rate of £9.25, plus paper, ink, postage, travel to court. there is no guarantee the court would make such an order but the threat of it, together with their costs of having to send a representative to the hearing to argue against it would probably produce a result. I managed to get costs of £300 paid by Barclaycard on this basis, because they refused to settle until just before the hearing and hadn't done their bundle, so they were obviously stringing it out for no good reason and abusing the court process to see if I would cave.

[bill-k]

Yes, I believe certain costs are claimable in SCC, but not costs of representation. I have claimed £6.00 per letter, plus £30.00 for preparing my claim, and got it in full settlement. I would, however, suggest a figure other that £30 for claim preparation, as I had Cap One confusing this with the court fee of £30.

 

Also, what about claiming yer alternatives ? I never go up the steps without 'em !!

 

FWIW, here's my final para. from one claim last year - settled in full.

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ and interest charged thereon in the sum of £;

b) Court costs;

c) the additional costs incurred by the Claimant in the preparation, writing and sending of four letters to the Defendant pursuant to this claim - at the rate of £6.00 per letter - in the sum of £24.00, and also costs in the preparation, writing and sending of this claim to the Court in the sum of £30.00.

d) the cost of obtaining a list of the charges made by the Defendant in the form of a Subject Access Request, pursuant to the Data Protection Act 1998, in the sum of £10.00.

e) the Claimant claims contractual interest at a rate of % per annum compounded daily, calculated from the date of each transaction to XX/XX 2006 of £, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £ per day. [wording now superseded by yours Chez]

The account’s Terms and Conditions specify the interest payable on unauthorised drawings from the account. The Claimant holds that this applies to unauthorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and that it is based on the Defendant’s unauthorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims contractual interest at a rate of % per annum compounded daily, calculated from the date of each transaction to XX/XX 2006 of £, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £ per day.[wording now superseded by yours Chez]

The account’s Terms and Conditions specify the interest payable on authorised drawings from the account. The Claimant holds that this applies to authorised drawings by the Defendant as well as to unauthorised drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity, and that it is based on the Defendant’s authorised overdraft interest rate that would be applied under the terms of the above mentioned account.

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the simple rate of 8% per annum calculated from the date of each transaction to XX/XX 2006 of £, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £ per day.[wording now superseded by yours Chez]

I believe that the contents of these Particulars of Claim are true.

[unquote]

[chezt]

Just to update .... It appears I've missed some lines of info from my schedule of charges (DOH!) so am in the process of adding them in to see if it's worth issuing an amended LBA ... I'll keep you updated!

 

EDIT: I've just amended my schedule & it's made a difference of about £80 so I'm gonna re-issue my LBA .... I did get a letter eventually from YB stating their last letter was their final response & apologising for not replying to my last letter BTW ...!

[chezt]

Here's my revised LBA which I'm posting 2moro along with a revised schedule (Thanks to Bill for passing one beady eye over it b4 I printed!)

 

22nd February 2007

 

 

REVISED LETTER BEFORE ACTION

 

 

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxxxx

 

I am in receipt of your letter dated 5th January 2007 and apologise for the delay in my response. I am very disappointed that you have failed to respond positively to my letter of the 17th November 2006 in relation to my request for repayment of charges. I now understand that the regime of 'fees' which you have been applying to my account in relation to late fees are unlawful at Common Law, Statute and recent Consumer regulations. I would again draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I have been reviewing my claim and upon checking my schedule, it appears I omitted some important lines of information which were relevant to my claim. As this has increased the amount I am claiming I will allow you a further 14 days in which to consider my claim.

 

I calculate that you have taken £xx.xx plus £xx.xxwhich you have charged me in interest for the sums which you have taken. Total £xx.xx.

 

In addition to this amount, I also claim interest at an annual rate of xx.x% compounded daily. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on your standard rate for purchases that would be applied under the terms of the above-mentioned account. Therefore the total amount owed as of today’s date is £xx.xxand I am enclosing an updated copy of the schedule of the charges which I am claiming. Please be aware that this amount is increasing daily.

 

I require repayment in full of this money. If you do not comply fully within 14 days you will leave me no alternative but to begin a claim against you in the County Court for the full amount including interest, plus my costs and without further notice. I feel sure however, that you will not consider this a viable or cost-effective option.

 

Yours faithfully

 

chezt

[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.

[chezt]

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.

 

No fear of that Caro - it's more like 500 quid! When you say £5k limit I presume you mean to keep it within the small claims track?

 

What went wrong on that claim you mention then?

 

Also just to point out I was always claiming comp cont interest it's just I buggered up my schedule by not including some months where there were no charges so infact I omitted to claim the interest incurred for those months ... so I'm not actually changing my mind on what I am claiming just adding in something I omitted from my initial claim - hence sending a revised LBA & giving a further 14days

 

Thanks for checking in on me & please call again - I do value your input

[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.

[chezt]

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.

 

No not at all!

 

I have had cheque sent to me for £170 as F&F stating that encashment would be treat as acceptance so I tore it in half (well hubby did ... I really coudn't!) & returned it with a refusal letter. That only covered about 1/2 the charges and no interest at all

[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.

[chezt]

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.

 

Yup that's it!

[chezt]

Just to update I received a letter in reply to my last one along the lines ....

 

We are not gonna refund you any money!

 

They note my comments re claiming refund of charges I consider unlawful - the banks position remains as outlined in their letters (Recap ... Bog off ur getting nowt else!!) therefore they have no further comments to add to my case!

 

They also note I am about to start proceedings which takes precedence over the banks complaint process so any further correspondence after receipt of any court claim will be from their legal dept

 

So I'm now just re-jigging my POC & gonna get back on track with this over the next day or so ... watch this space!