alymac v yorkshire ***WON***

[alymac]

i received the Yorkshire's defense today, i do have two claims at the min against the yorkshirem, one in my name for around £700 and one for around £1400 which is in joint names with mix ex partner.

 

the defence which they have sent back to me is complete wrong, they have mixed up the two claims, claim 1 with the details off claim 2,

 

now is this just classic stalling to get it thrown out of court, or a genuine mix up.

 

 

also on claim 2, mine and the ex misses, if i can remember correctly this was my account that i asked for the ex to be added onto which they did, but as my ex never went into the bank to sign onto this account then she has nothing to do with the claim,

 

they are stating as ex's name is not on the claim they are asking for it to be thrown out,

[ozzywizard]

That is a joke asking for it to be thrown out because your joint acc holder is not on the claim.

 

I had a joint account with my wife at YB that was closed due to charges and now there is 1200 owing on the acc they passed it to a DCA in just my name as they claim they can pursue any of the acc holders individually for monies owing. Double standards.

[caro]

I don't think the mix up is down to stalling so much as sheer incompetence. I don't think your claims will be thrown out because they can't get the paperwork right. I suggest you contact the court to point out the mistake and see what they say.

 

The issue with your joint account may not be so straight forward. They did this with Trundlecat and her husband, but as you could operate the account seperately then you should be able to claim seperately. Read Trundlecats thread for details of what happened there. Make sure that any offer they may make is unconditional, as they may want your ex to sign that she will not claim as well. They are in no position to impose conditions as their actions were unlawful.

[alymac]

I spoke to moneyclaim on line about there mix up with the defence, were useless as all they said was they cant be seen to take sides.

 

i have just got off the phone to derby county court, they advised just to fill in the questionnaire to suit the claim number.

[alymac]

filled in AQ tonight, in other information i listed that my ex has no involvement in the claim, so no need to for the claim to be struck out.

 

is there any other information that need to be noted on this form.

[alymac]

update-

claim 1 £750, AQ filled in,

claim 2 £1900, AQ filled in,

 

claim 1, sole account

claim 2, in joint names -but ex never signed agreement with bank so not involved.

 

claim 1 + 2,defence states ex not included in court action, and there should be struck out.

 

update

 

claim 1, defence still states ex as reason to be struck out!!

claim 2, defence wants to change its defence as it was a sole account

 

both these defences are wrong they are mixed up, dont know if its the banks way to put a spanner in the works, or shear incompetence

 

claim 1, offer of £421

 

yorkshire bank have not a clue about this and it looks like they are not really going to defend this action in a court of law.

[caro]

I think it is more to do with incompetence. It doesn't look good in court if the banks legal representatives can't even defend the right cases! You are quite right, they won't go to court so lets hope they save us all a load of hassle and start paying up more quickly.

[alymac]

right more incompetence, received a letter today again by k Ross poor girl must be at her wits end.

 

claim #6qz53180 received a part 36 offer yesterday of £400

 

today i received a letter stating that yb are applying to have it struck out.

 

they give me 7 days to comply to CPR 19.3.

 

will send k Ross a nice letter to advise her or the facts in this case.offering her a further chance to pay me back in full.

[alymac]

new development, had a letter from dca asking for £485. not sure about what it could be i phoned up, was told debt from the Yorkshire. as i thought its the first time they have tried to collect this debt in over 3 years.

 

i phoned yb, had a very helpful guy called Brian, he made enquires about this fro me and got back to me this morning, yb have sold this on, as i though as the yb could have counter sued me over this,but never.

 

now then dca and trying the classic this is going to court, they have offered me £85 off the balance if i pay today.

 

as this outstanding balance is in dispute surly i can ask for 1. it to be sold back to the yb. 2. time to allow my claim against the yb to taken into account. when they pay i pay.

[caro]

Regarding CPR19.3, CPR19.6 clears that issue, although of course YB have mixed up the accounts.

 

Regarding the DCA, I suggest you write to both the DCA and YB confirming that the account is in dispute, and as such no further action should be taken until the matter is resolved.

[alymac]

recieved court dates yesterday for both claims for yb and barclays, 29th jan 07, still away to go, will post more details latter

[alymac]

i have a court order to return to the court, it gave me 28 days to send such information,

 

1. the claiment shall within 28 days of service of this order send to the defendant and to the court.

 

a. A schedule setting out each charge repayment of which is sought, showing the date,amount,and reason given if any fo the a charge being made.

 

b Copies of any statement or any other document relied upon as showing that each and every such charge has been made.

 

c. A statement of evidenvce of all matters relied upon as tending to show that the charges are irrecoverble as penalties or otherwise.

 

d, Copies of decided cases and other legal materials to be relied upon.

 

 

failure to comply with this order will have the claim struck out.

 

*****can someone shed some light on points C and D.*****

[caro]

c looks like they want an explanation of why you think the charges are irrecoverable.

 

d I think the standard bundle will cover the other legal materials, and a list of cases from the forums Litigation Concluded forum should deal with the rest.

 

Does the order say anything else? Is the case at your local court, or has it been transferred to somewhere like Leeds? When is your deadline for submitting this?

[alymac]

its at my local court, i have 3 cases in totoal for the same day, 2 yb and barclyacard. thats all the order says, it does give the defendant some instructions, ihave 28 days its dated the 4nov. about 2 dec?

 

i also have a dca trying to collect money from the yb case, i have told them on the phone that there is a dispute on the amount and a court case pending but they still send letters.

[caro]

You have your work cut out then. Do you need to send a bundle for each case or are all 3 on the same order? There is a bundle of documents in the Bank Templates Library, so make sure you have plenty of ink for your printer and lots of paper.

[alymac]

i have been at my court bundels all weekend, 3 copies for each claim a grand total of 792 pages, used 2.5 ink catriges and 200 cups of tea.:o

 

its a lot to put together as ive been told so dont leave it to the last min, also the court bundel in the libary in very helpful as it has nearly all you will need to complete your pack.

 

also sent a letter to the dept collection agent, who are trying to collect money from me that im trying to claim back, that they were stepping on to rocky ground as they were trying to affect the course of juistice and they should refere back to the yorkshire.

 

the court should clamp down on any bank that takes it this far then settles at the last minute, its costly printing all thes documents for them to be of no use.

[caro]

I am so glad you have done it now. You'd be amazed at the people who post on here the night before their bundle is due asking what needs to be done. I know it's a pain but you will be demonstrating to the court that you have done your homework, even if the banks aren't taking it seriously.

 

Have you included copies of all your correspondence to and from the bank?

[alymac]

yes sent correspodence, schedule of charges, and copies of statements,

 

it total over £15 in postage,£28 in ink,£3 on envelopes,£4 on paper. you get my drift, im not bitter honest:smile:

 

lets hope for a pre xmas payout

[caro]

lets hope for a pre xmas payout

 

Did anyone else see that flying pig?

[JulesTools]

Yes Caro I did it was riding on the back of that unicorn.

 

Note to self must stop eating those mushrooms:o

[alymac]

ye haaaaaa, no stop it its not what your thinking, got offer today on one ex-acccount £553 on claim of arround £800 not that i will be accepting this, snotty letter will write back explaining that the bank is not providing a service, as i all ready knew i was overdrawn or i did not have enought money to pay dd,

plus its there fees that left me overdrawn into the next month,and fees again, no one in there right mide would subscride to this kind off service.

 

"no offer on the interest will be payed", its up to the court too right see ya there.

 

and i have been "misconceived" by someone on the charges front not by anyone here i have not!!!!

[alymac]

yorkshire have offered me my claim amount on both my claims plus court fees but no interest, it does not feel like a win as such, do i have to accept this or can i go after my 8% as i have done without this money for nearly six years which they have made money out of by lending out to there customers. interest is around the 600 mark which will pay off there dca

[alymac]

claim 1 paid in full subject to cheque cashing as they must be getting low on funds.

 

they still are not on the ball i received smaller offer only a couple of days again and if i had accepted this then they would have crossed in the post.

[JulesTools]

Hi alymac

Did they finally give you a cheque including the 8%?

 

Ive had offers on both my YB`s usual story no 8% but I`ve refused without the 8%

 

Cheers and well done ,enjoyed following your thread.

Jules

[alymac]

claim 1 for £750 which is with the 8%, not that straight forward thou, the covering letter did state full and final for my second claim which is for £2000 so have had this cheque since before xmas, will not cash it until i receive notification is for claim 1, they did confirm this on the phone but until i have it in writing it stays in the drawer.

 

still no news on claim two which is up on court on the 29th jan 07.