lancashirelass v Yorshire Bank

[lancashirelass]

I'm new at this and have been building courage to tell you my story and to ask your advice. Had my 6 years statements so calculated all penalty charges and sent off letter requesting full refund on 9th feb, received a few fob of letters and then a cheque for 50% of the claim which they said if I accepted this it would be in f & F settlement of the claim, so I sent it back by recorded delivery saying thanks but no thanks.Issued claim with mcol on 13 march, claim was acknowledged on 16th march.Today I received the banks defence along with all the usual stuff about the contractual relationship between the claiment and the bank... they also say that " The claimant has not specified the account number of the account and the account has been closed. In the absence of an account number the defendant has been unable to obtain copies of statements for the account and accordingly is unable to plead to specific charges said to have been applied to the account or to the quantum of the claimant's claim. The defendant reserves the right to further plead to specific charges and the quantum of the claim on provision by the claimant of the account number." How do they know my account is now closed if they don't know my account number? and yes I did not include my account number in my particulars of claim because there is not a lot of space given on the mcol system for the particulars of claim, but I have sent a shedule of the charges and at least 3 letters to the bank including my account number on everyone. Should I just send the details again to the acting solictor "Kirsti Ann Ross" Got a feeling they're giving me the run arround!

[zootscoot]

Hi LacashireLass,

 

Welcome to the site. Yes they are just giving you the run around. To be sure send them another schedule with the claim no and account no.

 

This bunch love messing people around, but believe me they are scared!

 

Have they included the part in their defence that the charges relate to a genuine pre-estimate of loss?

 

Good luck with your claim

 

Zoot

[lancashirelass]

Thankyou so much for your reply zoot, yes they have included the bit about "The charges were a genuine pre-estimate of damage resulting from the customers failure to keep within the agreed overdraft limit on the account" Another problem I have is that on double checking my bank statements i have now noticed that £91 of the charges i have claimed were credited back to me after i had complained about being charged them when the yb had not credited my account with a £300 cash deposit which my husband placed in the "drop box" at the bank on a Saturday morning when there were no counter staff, after they said they had to check the cctv camera's, they cedited the deposit and the charges, (£91) back. unfortunatley I missed this when I went through the statements at least 3 times! and i used the table and included the interest on this £91. What should I do now? not coping to well at the moment cos my Dad died on 27th march and the funeral was on 4th April, the timing is not good and I really don't want to screw up. I really do appreciate your reply and anyone else who can help me, once again Thankyou Zoot and this brill web site!

[zootscoot]

Hi LL,

 

Sorry to hear of your loss. This bunch are bad enough to deal with at the best of times. You could probably do with out this right now.

 

You could amend your claim but this would cost 35.00 and the likelihood is that YB will spot the error in any event. It is most likely that they will make you an offer at some point in which case you can reveal your mistake then if they have not already spotted it.

 

All the best

 

Zoot

[twoofus]

If you have provided them previously with your account details don't worry to much. Like Zoot says send her another copy to be curtious and remember that all these letters will go in your court bundle so the judge will be able to see that they are, and pardon my french, fannying about.

 

Again if they notice the mistake in the amount of your claim they'll probably only deduct it from their offer, its in the courts hands now and they'll be a lot more worried than you are.

 

Relax:cool:,keep reading up on here and try not to worry,you're gonna win.

[lancashirelass]

Thanks toofus so much I feel a bit better now!

[lancashirelass]

Thanks zoot it helps to share this with others who know what its like...

[lancashirelass]

Sent another copy of my bank charges schedule to Kirstie Ann Ross today with account no. and claim no. included. Received a Notice of Transfer of Proceedings from Northampton County Court, the case has now been transfered to my local court in Oldham.I expected a allocation questionnaire but it says in the letter "The filing of an allocation questionnaire be dispenced with in this case unless the district judge at the court of transfer orders otherwise" and it says "Note: Any party affected by this order may under Rule 3.3(5) apply to have it set aside,varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order" What does this mean can anyone tell me? and why I wonder do I not have an allocation questionnaire, this is attatched to another copy of the banks defence. What do I do now, do I wait for a court date? Is Is it ok that this Kirtie Ann Ross'office is in Scotland because the law is different there than English law?

[sajabu2003]

Take a look at this thread.

 

Is your court dispensing with the Allocation Questionnaire?

[lancashirelass]

Thanks sajabu2003 your help is very much appreciated, had'nt a clue what to do or why I did'nt get AQ, gettin the hang of things now!

[lancashirelass]

Do I send the letter to the court manager now and where can i get the information for paragragh c) and d) of the draft order, also should I send copies of these to the YB solicitor at the same time?

[sajabu2003]

Yes send the letter to the court manager. The information for paragraph c) Statement of evidence can be found here... Post #55

 

New strategy for Allocation Questionaires

 

d) Copies of decided cases and other legal materials to be relied upon can be found here...

 

Basic Court Bundle

 

This is the basic court bundle. It includes everything you will need.

 

I'd say yes to sending YB's solicitor a copy and I'm sure someone will correct me if they feel you shouldn't.

 

Sarah.

[lancashirelass]

Thanks will browse these threads

[lancashirelass]

Have today received an allocation questionnaire from Oldham County Court, Northampton cc said "The filing of an allocationnaire be dispenced with in this case unless the district judge at the court of transfer orders otherwise" looks like he has and I now have to complete the allocation questionnaire on or before the 11th May 07. Where can I find some guidance for filling in the QA on this site please anyone? and what will happen when I send the QA to the court?

[lancashirelass]

Sorry getting stressed just realised you have previously sent "The new strategy for AQ 's" earlier

[lancashirelass]

Been reading up on the AQ strategy, do I send in the completed AQ with the draft order or wait, I'm getting confused and want to be sure that I don't screw up would appreciate some advice

[sajabu2003]

Send the completed AQ and draft order now There's no harm in being prepared and sending it in early.

 

Sarah.

[lancashirelass]

thanks sarah will do

[lancashirelass]

When I send in my AQ Should I send the one that the court issued filled in by hand or should I type one on a template, and if there is not enough room to fit all I want to include in Section G can I send this on a seperate sheet? also if I have not sent a schedule of charges with my poc should I send one to court with the AQ and Draft Order for Directions. Please can you tell me where I find the AQ Template? thanks in advance

[sajabu2003]

Fill in the AQ that the court sent to you by hand. You can send in a seperate sheet for the information to be included in section G. Just make a note of it on the form to inform the judge of this extra sheet. The information you need to put on the AQ form can all be found in this thread... New strategy for Allocation Questionaires Post #59. It also includes information for the draft order... Draft Order Post #2. You should have sent 3 copies of your schedule of charges to the court already really. Print them off and send them to the court asap. Did you send copies of your schedule of charges with your prelim and LBA letters for the bank?

 

Sarah.

[lancashirelass]

yes i did send a copy with LBA and I sent another to Kirstie Ann Ross so shall I still send 3 more copies of it to the cc with AQ etc.?

[sajabu2003]

I would definitely send atleast 1 to the court so that the judge has a copy in your file. 3 copies should have been sent when you filed your claim with MCOL really.

 

Sarah.

[lancashirelass]

Thanks Sarah will do that right away never realised this with MCOL because there is only the POC which you can send on line, perhaps I should have posted them to Northampton cc when I filed the claim, will this now be a problem?

[sajabu2003]

I'm not sure if it will be a problem but can't imagine it would be as you will now be sending them. I'm sure a moderator will correct me if I'm wrong.

[lancashirelass]

Thanks again you know this is laying havoc with my nerves, anyway I can but try!