ICY m-i-l -V- Yorkshire bank claim 5

[caro]

Sorry ICY, but you've a long time before you get a proper offer. You were spot on returning the cheque.

[ICY]

No rush, i can wait (and will)

[caro]

Revenge is a dish best served cold.

[ICY]

Indeed it is, and i certainly dont like burnt mouth lol

 

I take it they usually defend, do they do the usual and pay at the doors of the court, or do they wait until they are ordered to pay by a court

[caro]

Always defend and pay at court door. As they are involved in the test case I've a feeling they will be trying some new delaying tactics, and quite possibly intimidatory ones.

 

They keep you on your toes.

[ICY]

The following petition has been put on the government website

 

We the undersigned petition the Prime Minister to Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal. More details

 

Petition to: Ensure UK citizens have the right to recapture illegal bank charges up until the day a UK court find them legal.

[ICY]

Notice of acknowledgement recieved from court, they have acknowledged saying they are defending.

 

They now have until 22nd August to file the defence

[caro]

Icy, I've noticed that you have 2 separate claims against Yorkshire Bank. Is there a reason for doing them separately?

[ICY]

They are both for different bank accounts

[caro]

Unless they are for different people, or one is a business account and not the other, they can go on the same claim. In fact if you put them both through the court at the same time, and they pick up on it, they might well merge them anyway, so if you're doing it to keep within the small claims track, then it's safest to wait for one to finish, before claiming the second.

[ICY]

one is for someone else, who the MIL has power of attorney for, so is a different account name, although i didnt realise it different account numbers can be claimed together, i will be ready to file 2 claims against barclaycar next week one visa and one mastercard, both same name, so may look into claiming as one

[caro]

Not sure if Mastercard and Visa are the same, but I guess if it's all Barclaycard ...

[ICY]

MAJOR NEWS TODAY

 

Postie been today with a letter from a Bank, which is a party in the OFT case, which sort of goes like this (me thinks me may be accepting this offer esp as it is for the full claim amount submitted to court)

 

Dear ...

 

You v XXXX Bank PLC

Claim No XXXXXXX

WITHOUT PREJUDICE SAVE AS TO COSTS

 

We refer to the above claim

 

1. Our defence makes it clear that we believe that the bank has no liability towards you in this matter, is prepared to make the following ex gratia offer:

 

a) £XXX.00 in charges;

b) £XX.XX in charges interest; and

 

Please note that the interest element of your ex gratia payment is paid gross, without any deduction of income tax. It is your responsibility to declare the interest on your tax return or, if you do not receive a tax return, to inform the Inland Revenue direct and to pay any tax that may be due.

 

2. In all circumstances the Bank believes the above to be a fair offer. If you wish to accept the offer please sign and return the enclosed duplicate of this letter, and the Notice of Discontinuance which the Bank will hold as undelivered until payment of the settlement sum has been made to you. Thereafter the Bank will lodge the Notice with the Court. Once the Bank has this signed acceptance from you, we will forward a cheque to you immediatley.

 

3. By accepting £XXX.XX from the Bank, you agree that this sum shall be in full and final settlement of this case, and of all claims, rights, actions and causes of action (including claims for interest and costs) that you may have against the Bank arising out of or in connection with any issue pleaded in this case. For the avoidance of doubt, by accepting the above sum, you agree not to take any further court action against the bank in relation to this case, except to the extent that any such court action is necessary to effect this statement.

 

4. This letter is written only in an attempt to resolve this case without the need to incur further time and costs. This letter is thus written without prejudice to the Banks rights and may not be referred to without the Banks written consent.

 

5. Please note, however that should this offer not be accepted by you, the Bank will refer the Court to this letter when deciding the costs to be awarded in this case. Your attention is drawn to the comments in this regard in leaflet EX307 issued by Her Majestys Court Service (entitled "the small claims track")

 

6. You should take independant legal advice or contact your local Citizens Advice Bureau if you are unclear on any of the terms of this letter.

 

Yours Sincerely

 

Solicitor

 

 

 

This is fantastic news, as the bank are part of the test case, this could be the sign of things to come.

[hilaryfrances]

well done, hope I get a letter as well

[ICY]

So do I, things are looking up

[ICY]

Just realised, not sure if it makes any difference, but the claim is for a credit card, not a bank account.

If anyone hears of anyone else getting any offer, i would love to hear if it was a credit card ar bank account.

 

There is also a claim for a bank account with yorkshire bank, watching post box eagerly... TBC

[hilaryfrances]

DOH! slaps head, back to the drawing board......credit cards claims are not affected by the test case, you got us all going there for a mo icy!

[ICY]

:o sorry

 

Although they did get the requested stay on this claim pending OFT result

[hilaryfrances]

well they should never orghto have had

[ICY]

This claim has now been settled, they sent a cheque end of feb.