My claim - Yorkshire Bank Visa

[chezt]

Right I've just been tweating -

 

xxxx COUNTY COURT

BETWEEN

chezt CLAIMANT

AND

YORKSHIRE BANK DEFENDANT

 

PARTICULARS OF CLAIM

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

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) Costs allowed by the court, incurred by the Claimant for time and materials in the writing and sending of letters to the Defendant pursuant to this claim.

d) the Claimant claims contractual interest at an annual rate of XX.X% compounded daily, from the date of each transaction to 16th February 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 DATE to 16th February 2007, which is £XX.XX and continuing until payment or the date of judgment at a daily rate of £0.XX.

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

 

Signed:

 

Date:

 

 

Does this look ok or should I 'go more to town' with this ... ie quoting OFT rulings & relevant case law etc?? My thinking was more to save these for the court bundle but I ask as I've seen more n more peeps including more info in the POC's.

 

Thanks muchly ... any comments would be appreciated!

[bill-k]

Right I've just been tweating -

:-D

I think there is a trend now toward putting a load of case law into POC's, Chez. I reckon that as long as you make sure it's pertinent to your claim, then it shows the sols that you have some idea what you're doing - or that you know a guy who does !!

 

Hopefully, it will make them think twice about messing around with scare tactics, and about going into court - thus saving you a bundle !!

 

[chezt]

I think there is a trend now toward putting a load of case law into POC's, Chez. I reckon that as long as you make sure it's pertinent to your claim, then it shows the sols that you have some idea what you're doing - or that you know a guy who does !!

 

Hopefully, it will make them think twice about messing around with scare tactics, and about going into court - thus saving you a bundle !!

 

 

Whoops - thought I'd replied to this ... soz Bill me old mucker ... not iggy u I promise!

 

I think from what I've been reading about YB that they take you to the court room doors anyway regardless of POC - Just doing some updating now I have me pennies to file the claim n off it goes 2moro ..... watch this space

[Guest bong]

hi chez, just saying hellooo. thanks for the "zoo" piccies t'other day btw:D.

 

love Bill's new avatar, now that is a statement and a half!!

 

good luck with the claim!

[chezt]

hi chez, just saying hellooo. thanks for the "zoo" piccies t'other day btw:D.

 

love Bill's new avatar, now that is a statement and a half!!

 

good luck with the claim!

 

Hi Matey - good to see ya around PMSL @ Bill's avatar ... he won't stay like that for long

 

Thanks for your good wishes - While I'm/you're here I have a quick Q (typical me eh!?) I've just printed the N1 form & am about to delete the bits on the back of the form - This account is actually in hubby's name & all correspondence has been from him etc - If/when it goes to court it is me that shall be standing in defence - should I now be the one who signs the form & mark it as me being the litigation friend or do we just make this request at a later stage if needed (this bit confuses me!)

 

Thanks to anyone who can answer this for me

[Guest bong]

I think, but I'm not 100% sure, that hubby signs claim form (you don't get mentioned) and either he states that you will be speaking in court on his behalf on the AQ, or he writes a letter to court informing them - not sure. But I think he still has to go along to hearing and consent to you speaking. If it gets that far!

[chezt]

I think, but I'm not 100% sure, that hubby signs claim form (you don't get mentioned) and either he states that you will be speaking in court on his behalf on the AQ, or he writes a letter to court informing them - not sure. But I think he still has to go along to hearing and consent to you speaking. If it gets that far!

 

Yes I've read that that is true too - I'll get hubby to sign it for now n see how it goes ... I'll have a scoot around about when to mention about me speaking on his behalf ... I'm sure I saved it somewhere - Thanks ma hunni!

[Guest bong]

I think Michael Browne knows about these things:)

[chezt]

I think Michael Browne knows about these things:)

 

thanks hun - I think there may well be a link in his fantastic a-z guide then ... thanks again

[bill-k]

Hi Chez,

 

I could have sworn I posted a load of stuff about Personal Representatives in Destiny's thread here, to help them with this, but I can't bl**dy find it there, now !!

 

Strange. I think someone's losing the plot, here !! :o

 

Anyway, here's what I could find:

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/59695-please-help-old-lady-4.html

 

...at least it was there last time I looked. :?

 

Yee-har !! I'm not going mad, and they haven't shifted it !! More stuff here:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/65880-omg-10-332-then.html

[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.

[chezt]

I posted a load of stuff about Personal Representatives

Cheers Matey - Mucho appreciated

 

I believe that you can just go to court on the day and act as lay representative.

That sounds easy then!

 

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.

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!

[chezt]

Anyway just to update - N1 posted today

 

ps - Bill I used your step by step guide to using the N1 form so thank you very muchly

[Guest bong]

well done chez, and thanks for the click!

[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.

[bill-k]

Anyway just to update - N1 posted today

 

All the best with it, Chez !! And thanks for your appreciative click, too !!

ps - Bill I used your step by step guide to using the N1 form so thank you very muchly

 

Eh? Where's that then ? Helpful - moi ?

Can't have that - bad for the image !!!

 

Looks like some more messing about is required to redress the balance !!

--

[chezt]

well done chez, and thanks for the click!

Well deserved

 

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.

Wow you were brave! I wish I'd been that brave with LW but I called the court saying we were arranging a settlement & was advised to send my bundle by the deadline anyway .. letter of final settlement arrived the very next day!

 

Eh? Where's that then ? Helpful - moi ?

 

Can't have that - bad for the image !!!

 

Looks like some more messing about is required to redress the balance !!

You e-mailed or pm'd or posted (can't remember which!) how to deal with N1 snail mail stylie! 'cor it must be your age if you can't remember what ur doing ... praps that explains a lot of things .....

 

ps - behave!

[chezt]

Grr wot a numpty I am ... nq forms returned to me as I put the blimmin Glasgow address on them in error! DOH!

 

Spoke to the nice lady at the court who said it was ok to amend by crossing out writing in correct address & initialling - Have to send a new cheque too as they sent one back refunding the original one! Whoops! :-|

 

Anyway, all done & ready to post again!

[chezt]

Just to update - Notice of issue arrived today ... so it's wait for them to file an ack of service or summat time now eh?!

 

Bong it worked just paying the fee stating amount claimed + interest as we discussed so thanks! (I paid the fee relevant to the fees+interest paid on them but not including CI)

[Guest bong]

Just to update - Notice of issue arrived today ... so it's wait for them to file an ack of service or summat time now eh?!

 

Bong it worked just paying the fee stating amount claimed + interest as we discussed so thanks! (I paid the fee relevant to the fees+interest paid on them but not including CI)

 

great chez! lets hope it won't be long till pay day

[chezt]

great chez! lets hope it won't be long till pay day

 

No cash to come my way on this one - just reducing the debt & a matter of principle really - It all counts tho!

 

Just the court fee to come back my way on this one

[chezt]

Quick update & a wee Q!!

 

I resubmitted the N1 with an amended UK addy & that all went ok - I have now received the notice of acknowledgement - the defendant filed on 10th May and has indicated an intention to defend all the claim (no surprises there then!) They now have the std 28days to file the defence

 

My Q is this - it states the defendant has given a new address for service of documents & they have put the legal services address in Glasgow - Surely now I've filed the N1 to a UK address I'm presuming the fact that future documents are to go to a Scottish address that it won't cause me any problems?

 

This is only a really small claim anyway but I was just wondering what the implications were ... if any

[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?

[chezt]

All letters were sent to Leeds except the last one which was sorta a revised LBA and I sent that one to Glasgow as it was sorta responding to a letter I had received from Glasgow.

 

So I'm presuming this is ok then?

 

Thanks in advance Caro!

[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.