Sparky 27 vs Yorkshire bank.

[Sparky 27]

Helloooo:) First post in this forum and a bit of a way down the line with my claim from the Yorkshire.

I am at the stage where I sent in my M.C.O.L form and am now waiting to hear from the bank who have one about 1 week left to reply before the 28 days are up. Unsure of what's the banks next strategy but am ready to take it to the wire.

Wish me luck friends.

[sajabu2003]

Welcome and good luck

[moss]

good luck Sparky:)

[zootscoot]

Good luck Sparky!

 

How much are you claiming?

[Sparky 27]

Good luck Sparky!

 

How much are you claiming?

 

Thanks Lads/Lasses.

I'm claiming £2020 up to now but as every day passes the interest goes on;)

[zootscoot]

Have you gone back beyond 6 years?

[Sparky 27]

Have you gone back beyond 6 years?

 

No mate I just asked for the last 6 years, is it possible to go back even further?

[zootscoot]

Yes, particularly following the Whistleblower there is ample evidence to invoke s.32 of the Limitation Act.

 

Did you use the SAR template from here? If so that does not limit the request to six years. In which case send a reminder saying that they are obliged to send all information they hold on you irrespective of date. There is no need to send any more money as they have not fully complied with your initial request.

 

All the best

 

Zoot

[Sparky 27]

Yes, particularly following the Whistleblower there is ample evidence to invoke s.32 of the Limitation Act.

 

Did you use the SAR template from here? If so that does not limit the request to six years. In which case send a reminder saying that they are obliged to send all information they hold on you irrespective of date. There is no need to send any more money as they have not fully complied with your initial request.

 

All the best

 

Zoot

 

No mate I actually used the template from Martin's site. Sorry to say I had no idea this forum existed:oops: \but to make amends I'v reccomended it to all I know and put the link on some fishing forums I am on with a very good response

[zootscoot]

No worries we all make mistakes:p .

 

Its still worth requesting the statements beyond 6 years.

[westwell]

Sorry to butt in but I am at a similar stage to you sparky, I have filed my MCOL but I also got my S.A.R template off martins website and although I had older charges I just claimed the last 6 years.

Is it best to await the outcome of the current claim before requesting the older charges.

[zootscoot]

You can request them now and amend your claim if you get the statements in time or commence another action. How you want to play it may depend on the total amount of charges and whether it could possibly fast track the claim.

[westwell]

Thanks for the advice, my claim is for £1000ish so I should be ok for the small claims court.

I will get another letter off requesting all the statements going back over 6 years

[debt_mountain]

Yes, particularly following the Whistleblower there is ample evidence to invoke s.32 of the Limitation Act.

 

Did you use the SAR template from here? If so that does not limit the request to six years. In which case send a reminder saying that they are obliged to send all information they hold on you irrespective of date. There is no need to send any more money as they have not fully complied with your initial request.

 

All the best

 

Zoot

 

Zoot,

 

I have a claim which CB have just sent in a defence, it is for 1996 to 2001 charges and for £7500 inc interest. Can you help point me to details of the whistleblower info that helps with the S32?

 

I have seen Bankfodders sticky in the YB/CB thread but it doesn't elaborate on what the evidence is.

 

I guess I will need this in the next couple of weeks as I will be getting my AQ in.

 

I do have a thread where I will be posting the defence they entered (a little later today).

 

Debt_mountain vs Clydesdale

[Sparky 27]

Just an update. YB have until the 3rd of April to submit a defence.

Q. Is this when the fun starts?

[zootscoot]

Hi Sparky,

 

Once they submit their defence the claim will be transferred to your local court. It will be interesting to see if they have amended their defence in light of the Whistle blower!

 

Next thing for you to take care of will be filling in the allocation questionairre. Have a look in the bank templates library to read up on filling this in. Makes sure you use the Draft Order for Directions and include a specific request for disclosure of CYNtheSYS.

 

Best of luck

 

Zoot

[Sparky 27]

Hi Sparky,

 

Once they submit their defence the claim will be transferred to your local court. It will be interesting to see if they have amended their defence in light of the Whistle blower!

 

Next thing for you to take care of will be filling in the allocation questionairre. Have a look in the bank templates library to read up on filling this in. Makes sure you use the Draft Order for Directions and include a specific request for disclosure of CYNtheSYS.

 

Best of luck

 

Zoot

 

Hi Zoot. Right the yorkshire have sent me a copy of their "Defence".

Do I need to do anything now, or will the court transfer the case automatically to a court near myself?

Thanks, Sparky

[zootscoot]

Hi Sparky,

 

The case will be automatically transferred.

 

Is their defence the standard one they have been sending? Are they still claiming the charges are a genuine pre-estimate?

[Sparky 27]

Hi Sparky,

 

The case will be automatically transferred.

 

Is their defence the standard one they have been sending? Are they still claiming the charges are a genuine pre-estimate?

 

Yes Zoot. Item7 states

"Quote". It is denied that the Charges or any of them were a disproportionate penalty and unenforcable as alledged in the Particulars of Claim. The charges were a fee for the service provided by the Bank and the claimant. Further and in any event, the Charges were a genuine pre-estimate of cost resulting from the Customers' failure to keep within the agreed overdraft limit on the account. "Unquote."

[zootscoot]

Can you believe the bare faced cheek of them!

[moss]

They are probably out of options Zoot, or can't think of anything else to say, then again perhaps they never intend to go to court so don't care, what ever it is the noose tightens

[zootscoot]

Its rather silly signing a statement of truth on a court document when the facts are in the public domain that render the stated facts untrue.

 

I would be very tempted to write a letter to the court and copy it to Yorkshire Bank questioning this very issue.

[Sparky 27]

Anyone know where I can get an original copy of Y.B's conditions dating around 1998,? It would be interesting to see where the word "Fee" crops up in relation to the charges.

Or maybe it does:confused:

[moss]

I wrote to my branch, sent them a SAR and spoke to them on the phone asking for copies of documents i had signed when opening my account and only managed to get a copy of my Index card. They did say i didn't have a contract as such only the T&C's when opening the account and when i pressed them for a copy they could only come up with an up to date copy.

[Sparky 27]

Hi Sparky,

 

Once they submit their defence the claim will be transferred to your local court. It will be interesting to see if they have amended their defence in light of the Whistle blower!

 

Next thing for you to take care of will be filling in the allocation questionairre. Have a look in the bank templates library to read up on filling this in. Makes sure you use the Draft Order for Directions and include a specific request for disclosure of CYNtheSYS.

 

Best of luck

 

Zoot

 

Hi Zoot, I just got my letter transferring my claim to Bury County Court and it says, "Quote" The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise."Unquote"

 

Is this normal ???