CLAIRE v YB LEEDS

[purple.silk]

hi Ive been reading through all of the material on the site and i think ive been a bit confused with what i have sent to the YB. I originally sent a letter asking for a list of charges and they sent me all of my statements. I then calculated the charges and sent a letter asking for my charges back( i didnt send a copy of a schedule of charges ) i also asked for the charges only not the interest. i was under the impression i was meant to send a copy of the schedule of charges and the interest with my next letter but now im not so sure and im worried i have messed up the whole process PLEASE HELP !!!

[ozzywizard]

Okies dont worry too much about it. If your first letter gave them 14 days to respond before you send them a final letter Send them the LBA with a schedule of charges.

 

If in doubt you can start from the beginning, it will only put you behind 14 days.

[caro]

When I started out we just asked for the amount and spreadsheets didn't get submitted until the court claim went in, so you will be fine.

[purple.silk]

:-? Hi all

 

I will give you the background first before asking the question. I sent a letter last yr to my local branch asking for all of my charges back without interest or SOC they forwarded it to Scotland and i had a response from scotland saying the charges stand and if i claim through court they will counterclaim. So I sent a further letter asking for charges but this time asking for interest and including an SOC, this letter i sent to scotland. I then received a letter before xmas asking for 4wks so they can investigate my claim further. I have just recieved a letter from scotland with a chq and offer of £1791.50 my charges total £4828.96 with interest the charges alone total £3773.00. I feel that as they have made an offer they are worried they will loose if it should go to court I am therefore taking the claim to the next stage my question is: since i have been corresponding with scotland will it come under their law even though my original ltr went to my branch and if so can i rectify this by sending copies of all correspondence (i made to scotland) to my local branch. Also I do want to continue my claim so which ltr do i send next. do i complete an n1 form now or do i write to the bank to advise that i do not accept their offer as full and final and advise them that they will b receiving a court date? please can someone help thanks

[zebbydog]

If you dont want to accept the offer you should return the cheque declining the offer, there is a template letter in the library.When you file at MCOL just make sure that you file against an address in England,either your local branch or the head office in Leeds.Doesnt really matter which,they will pass it on to Scotland.You can then safely correspond with Glasgow.

[purple.silk]

I have sent the chq back and advised that i will taking court action and Scotland wrote back to me to advise they can no longer deal with my complaint and that it will be dealt with by the legal dept, which is fine but they sent me the chq back do i send it back to them or hang on to it until everything has been dealt with through court and if i keep the chq do i claim the remaining amount through court? please can someone help

[ladykenco]

Send the cheque back to the legal dept with another letter saying you decline their offer...

Then continue to MCOL stage using local branch or head office in Leeds...

[purple.silk]

Hi all

 

I sent my N1 form to the court using the YB leeds address and sent the chq back to YB with another decline of offer letter. Included with the N1 form i sent 3 copies of forms and schedule so im just waiting now for a date in court assuming that the YB dont offer me full amount before that. Im quite nervous and alittle excited about going to court if it goes that far. I will keep you all posted with my progress.

 

Once i receive a court date and court case reference do i need to inform anyone on this site ?

[Michael Browne]

Please PM a Mod with your claim details.

Claim Number:

Bank:

Date:

Deemed Served:

Bank Charges Claimed: £XXX + £XXX 8% interest = Total £XXX

[purple.silk]

oh no i think ive totally messed things up. the courts have sent back my N1 form and have sent a letter saying the following:

 

Your papers have been returned as the intereset being claimed in the particulars of claim cannot state as the court deems just as your claim is for a specific amount of money, therefore you need to provide a daily rate of interest for each charge.

 

I have enclosed leaflet EX302 to assist you. Your court fee will be retained for 10days. please return amended forms within 7 days.

 

Im confused as i used the SOC excel spreadsheet on line to calculate the interest. also the period i am claiming for is 7.9.00 to 6.9.2006which is a full 6 yrs of charges my last charge was on 20.7.06 do i continue the interest up until i am in court, and if so this will take me over £5000 does this mean i will not be able go through the small claims court.

 

im so confused please someone help me!!

[purple.silk]

also i filled in this SOC last septemeber due to the bank dragging thier heels its a little out of date now so would i be better just writing out another SOC thats more up to date?

[Michael Browne]

What did you put in the value box on the front?

 

Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

 

And in your POC's under 'Accordingly the Claimant claims:

c) Interest pursuant to S.69 County Courts Act 1984 of 8% as set out on the attached list of charges - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

[Michael Browne]

also i filled in this SOC last septemeber due to the bank dragging thier heels its a little out of date now so would i be better just writing out another SOC thats more up to date?

The SOC should be calculated to the date you file

[purple.silk]

thanks michael i think i can figure it out now

[purple.silk]

Hi all i have received a notice that acknowledgement of service has been filed, it was filed by YB on 23.03.07. It says the defendant has 28 days to respond and they are indicating an intention to defend all of the claim. Im very nervous now. I have printed all of the on line court bundle that is accessable on this site but having read through it it all seems a little confusing do i need all of it or do i just take out the parts that apply to me. also is there anything else i will need to add to it. Also i would like to know is it normal for the bank to defend the claim as im a little worried.

[zootscoot]

Hi Purple Silk,

 

It all very normal. The next thing you need to do is to await the defence and you will then get the allocation questionnaire. Start reading up on how to fill this in. There is guidance in the bank templates library. Pay particular regard to the Draft Order for directions. Post on here when you receive it and we can help you fill it in.

 

You won't need the bundle for a good few weeks yet but it is better to be organised than not.

 

Best of luck

 

Zoot

[purple.silk]

thanks for your response i appreciate all of the help ive received from this site its been a long haul but ive got every intention to see this through to the very end and i will keep you posted on every event as and when it occurrs again thank you.

[purple.silk]

hi all I wonder if anyone can help me,

 

The claim im making is for the last six years and i dont bank with them anymore ive already moved my business to another bank but there is still an overdraft on the account. I thought that last year all the direct debits had been cancelled on the YB account as i had gone in to the branch personally and asked them to do so, they confirmed they had done this however in december a direct debit went through for £10 which took me over the overdraft limit and i started getting charges all over again as you can imagine i was furious i think in total it came to around £150.00.

 

My question is can i start another claim for these recent charges or am i best waiting until my current claim is completed.

[zootscoot]

You can always amend your present claim to include these charges. You would need to fill in form N244 (link in the bank templates library) and pay 35.00.

 

Best wishes

 

Zoot

[purple.silk]

Hi

I have just received a defence from YB which really just reiterates the original letter i received from them stating i was fully aware of the charges via post and that i signed an agreement and was informed of terms and conditions when i opened the account with them. it also states the bank deny that the charges are inproportionate and are a genuine pre estimate of cost of cost resulting from my failure to keep in terms and conditions. they also state that charges are not compensation but a fee for the service provided by them in extending facilities to me. they say the charges where fair cost of maintaining admin systems, the risk of loss to the bank and cost of recovery systems.

 

so now what happens ?

 

do i wait ?

 

please can someone let me know

 

thanks

[zootscoot]

Nice to see they haven't changed the templated defence when we all know their charges are not a genuine pre-estimate

 

You should get an allocation questianairre in the next few days. Have a read up on guidance on filing this in the bank templates library.

 

All the best

 

Zoot

[purple.silk]

Hi

 

I havent heard anything from the courts yet should i contact them ?

[georgieboy]

Standard letter YB send out - you will next recieve an Allocation Questionnarie from the court Template AQ forms can be found on this site in the Library and also how it should be completed. Best of luck...

[sajabu2003]

It might be worth giving the court a quick call Claire just to put your mind at rest. They should be able to tell you roughly when you should recieve your AQ forms.

 

Sarah.

[purple.silk]

i still havent heard anything from court ie the allocation questionaire should i contact them ?