Stevie v Yorkshire Bank

[Scattercash]

Hi,

 

I am in the process of reclaiming bank charges from Yorkshire Bank, just received letter from them advising that they are not willing to repay charges and explaining why the charges were raised. I have now filed a claim on Moneyclaim.

 

Has anyone got any advice as this bank seems to hold out til the last minute,

 

Stevie

[sajabu2003]

Welcome to the forum Scattercash. The only advice I would give is..... Stick to your guns and get back what is rightfully yours and make sure you read everything on this site as it will help you win. Good luck with your claim.

 

Sarah.

[Scattercash]

Thank you, it gets a bit worrying when you start the court proceedings - if the bank does not defend or settles before the court date, do I get a refund of the £80 charge for the court claim?

Thanks

[barnett]

Hi Stevie and welcome. Yb will defend but don't get scared, just follow the rules stage by stage. Read lots of threads on site. Go to success forum and you will find out the stages people have gone thro' to get to seetlement. Don't expect this to be a quick process! Mine started beginning of sept and still isn't settled!!

[Scattercash]

Thanks, I'm not giving up - good luck with your claim

[Bigmac versus]

Yes you claim back the costs upon settlemnt.

[Scattercash]

Yorkshire Bank have filed a defence, waiting to hear from the court to see what happens now.

[Scattercash]

I have been waiting for a reply from the courts with a date but was aware that the judge was thinking of not hearing the cases for bank charges in Hull. I've read that the judge in Hull has actually heard 4 cases for Yorkshire Bank claimants and that a "test case" will be heard.

 

Yesterday I received a letter from the court asking me to

 

a - File a statement setting out particulars of the breach of contract and any explanation (if such breach is alleged). The statement shall exhibit a copy of the relevant bank terms.

 

b - To file and serve a schedule showing how the amount claimed has been calculated by reference to the individual item by description, amount and date.

 

c - In the event the Claimant is seeking to claim for charges that have accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought.

 

d - In the event that the Claimant is seeking to claim reimbursement in respect of interest charged on any overdrawn amount the claimant is to identify such sums and set out in brief the reasons why such charges are being sought.

 

This is to be supplied by 15/08/07

 

In return, the Defendant has 28 days to file and serve a response stating

 

Whether the sum charged was a charge made pursuant to a contractual condition and if so to exhibit a copy of the contractual document relied upon and particulars s to how it was calculated.

 

Whether such charge is accepted to be a penalty, or otherwise not recoverable and if not why not.

 

If it is alleged that the charges are a genuine pre-estimate of the Defendants loss incurred to file and serve all evidence to be relied upon at trial that such sum claimed was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was.

 

If any party fails to comply with the terms of this order, the court will at the directions hearing, consider whether to strike out the claim or strike out the defense and enter judgement for the claimant.

 

This matter is listed for further special directions on 26th September 2007 at 2.00 pm, Hull County Court when the Court will further consider the matter and give such further directions as are necessary to enable the matter to proceed to trial.

 

I am a bit worried as after reading that the CAG and MoneySavingExpert representing 44 cases in Hull, it was found that they had to re write the documents. I am now worried about what I now have to do as I was never sent an allocation questionnaire.

 

Have you got any advice about what details I need to now supply to the court.