Higggy v Yorkshire Bank

[higggy]

Only my second post here and not too confident in what I am doing so any advice would be good advice. I have read many threads and information on CAG and am quite excited at the prospect of reclaiming my charges from Yorkshire Bank.

My business hit a lot of problems about 3 - 4 years ago which resulted in charges for returned and represented cheques also over limit charges so hence my claim is for £10,670.28 including interest. I have gone through the process of sending the initial claim letter then a 7 day letter and then making a claim through the court via money claim online. I received a reply to the first letter from Yorkshire Bank which basically said that I havent got a case, then they sent a letter after they received the court order saying that the banks position remains the same and any further correspondence will originate from their legal department.

I dont expect YB to give in and send me a cheque immediately but can anyone advise me of what processes I may have to go through from now.

[higggy]

Nil response to 1st my post, so I must assume I am doing ok or maybe I am a hopeless case.

[Michael Browne]

The best way of finding out about how Yorkshire deal with claims and what's likely to happen is to read through several of the threads in the Successes Forum here:

http://www.consumeractiongroup.co.uk/forum/yorkshire-clydesdale-bank-successes/

[sidney]

Hello Higgy

Is your claim personal or business accounts?

I know you hit business problems and i assume it is business.

[higggy]

Hello Sidney,

thanks for the reply. My claim is for a small limited company of which I am a director, I am presuming this doesnt make a difference to the claim.

[barnett]

Hi Higgy, You are doing just fine. Hang on in there! Y B may make you an offer to settle and may include a cheque, usually 50%. Don't accept. Send it back with rejection letter found in templates section. What stage are you at with court case? Keep following the directions on the site and you'll be fine.

[higggy]

Hi Barnett

May 9th is 28 day deadline, thanks for your support and info

[zootscoot]

Hello Sidney,

thanks for the reply. My claim is for a small limited company of which I am a director, I am presuming this doesnt make a difference to the claim.

 

Did you use the business templates?

[higggy]

Hello zootscoot

No I did not use the business template letters. I went through the 2 letter process as outlined by Martin Lewis. YB's 1st letter to me states 3 points as basis for my claim which they say I cannot rely on. 1. Section 4 of the Unfair Contracts Terms Act 1977 ("UCTA") 2. Para 8 and Schedule 2(i)(e) of the Unfair Terms in Consumer Contract Regulations 1999 ("the Regulations"); and 3. Section 15 of the Supply of Goods and Services Act 182 ("SGSA")

I assumed this was a letter composed to confuse me and force me to drop my claim but if I have made a mistake and sent the wrong letter I am now worried.

[zootscoot]

NO you can not use the consumer legislation if you are claiming for a business. Did you refer to these statutes on your Particulars of Claim?

[higggy]

Hi Zootscoot

Unfortunatley I DID refer to this statute in the Particulars of Claim, ("The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999") It seems like I've made a big mistake. Is the only way forward to drop the Claim with the Court and start all over again?

[zootscoot]

No you can apply to amend your claim form using N244. There is a link in the bank templates library. It will cost 35.00 but it will be cheaper than starting from scratch. Send an amended particulars of claim with the N244.

 

Best wishes

 

Zoot

[higggy]

Thanks Zootscoot, I am feeling better already

[higggy]

hello Zoot

its a couple of days on from my last post.

 

I rang MCOL helpline for some advice on how to fill in the form N244 and basically she has advised that I sit tight and wait for Ybs defence, which I presume they while stretch out til the last minute.

 

If I have to use the N244 form should I change the whole of the Particulars of Claim section or just omit the "Unfair Terms in Consumer Contracts" section?

 

Thanks for your previous advice

[caro]

Hi Higggy. I just wanted to say welcome and glad your claim is getting sorted. There are actually a few YB business claimants, and most, if not all of them can be found by following this link.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/63052-business-claims-against-yorkshire.html

 

I hope you find it useful.

[LizzyBee]

Hi Higgy welcome.

 

I have a claim going on with YB for a friend who is in business. Don't expect them to give in easily you will have to fight all the way as I am finding out, but with all the help and advice available here you will get through it. You just need a lot of patience. The very best of luck with your claim.

 

Here is my thread http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/63057-business-accounts.html

 

Hope you may find some useful info there.

 

Lizzy

[higggy]

Thanks Caro for your help and interest in my claim.

 

I am sitting tight at the moment, waiting for YBs response to my claim through MCOL. As I explained in a previous post I seem to have made a mistake in the particulars of claim section by quoting "Unfair Terms in Consumer Contracts Regulations 1999" which I gather doesnt apply to Limited Companies.

 

Not sure what to expect from YB, if they challenge would you advise changing the Particulars of Claim through form N244 or just go ahead with the Claim?

[caro]

The chances are that they will apply to have the claim struck out if the POC are not correct for a business claim, so I suggest that you amend them.

 

I'm moving these posts to your own thread to keep all of your progress in one place.

[higggy]

The N244 form seems pretty complicated to use, as anyone had experience of changing details by using this form?

 

Many thanks for your help

[Michael Browne]

See here for an example

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[higggy]

Cheers for that Michael.

 

I shall await YBs response and then be well armed with N244 if needed.

[higggy]

I have checked my Claim on MCOL today to find YB have entered their Defence with the message from MCOL as follows:

 

"You are unable to take any further action on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

Is it now time to use N244? Can anyone advise please?

[Michael Browne]

You will receive confirmation to where the claim has been transferred to shortly."

Yes, as soon as you receive confirmation of transfer

[higggy]

Thanks Michael

 

Is there a template that I can use to change the POC on form N244?

 

Also, sorry for being thick, should I send the N244 to the named Court with a copy of all my Bank Statements?

[Michael Browne]

See here for business POC's

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

 

should I send the N244 to the named Court with a copy of all my Bank Statements?

No statements just a schedule of charges.

 

Re-read the link in post #20