Higggy v Yorkshire Bank

[higggy]

I am very grateful for your help as I am unsure of these proceedures and I dont want to make any slip ups.

 

1 more question for today please

 

As we are a Limited Company does the POC section of Karnevils template in the "Business Claims - basic guide" still apply?

[higggy]

A copy of Clydesdale Banks Defence has arrived today from Glasgow.

They certainly know how to frighten you into dropping the case.

 

Could anyone assure me, Caro or Michael Browne or anyone, that I am doing the correct thing before I send the N244 to change the POC section.

Should I include the Defence as sent to me here, its a bit long but I'm sure it would help.

[higggy]

I have read through Clydesdale Defence letter and after sifting through the whole 8 papragraphs (4 pages) of jargon which mostly is telling me I have made an agreement with them and that the charges are set out in the standard terms and conditions, I think the only significant paragraph is no. 7 which is as follows.

 

Section 3 of the Unfair Terms in Consumer Contract Regulations 1999 state that a consumer is "any natural person who, in contracts covered by these Regulations, is acting for purposes that are outside his trade, business or profession." As the Claimant does not fall within this definition of consumer it is unable to rely upon these regulations for the purposes of its claim

 

Could someone also please confirm what a schedule is. Clydesdale are saying that they havent received a schedule, but I DID send a copy of the charges we are claiming with our 1st letter. Paragraph 2 is a s follows

 

The Claimant operates a business account in the name of XXXXXX XXXXXXXX Ltd, with the Bank ("the Account"). The Claimant has not provided the Bank with the schedule setting out each charge repayment of which is sought. The Bank is therefore unable to plead to the specific charges said to have been applied to the Account or to the quantum of the Claimant's claim.The Bank reserves the right to further plead to the specific charges and the quantum of the claim on provision by the Claimant of the schedule.

 

Any obeservations would be appreciated.

[caro]

The schedule is the schedule of charges, which is usually in the form of a spreadsheet, but the point about the claim not coming under consumer law is correct, as it is a business account. That is why you are amending your claim and I suggest you include copies of the schedule of charges with it.

 

Exactly as predicted I believe so now you submit your N244 along with the schedule and, as long as the amendment is agreed by the court, you will be on track.

[higggy]

Thanks Caro

 

So many things I am unsure about. I made the mistake of following Mr Lewis's letters before I knew CAG ever existed. Wish I had found you first.

 

Was I correct to include the 8% interest charge within my claim or is the rate different for a Limited Company?

 

Just want to say what a good job you and the others at CAG are doing

Many Thanks

[caro]

Ah well, Mr Lewis is very good at publicising the issues, and to be honest I have to thank him for introducing me to CAG, or BAG (Bank Action Group) as it was then, before he tried to tackle the bank charges issue on his own site. Our very own Dave had an article on MSE that led me here. The difference with CAG is that we are all claiming, and our joint experience provides a lot of information for everyone to draw on.

 

The interest rate is fine, and thank you for your kind comments.

[higggy]

just 1 more question for today please Caro,

 

I have seen a couple of template POC's for business claims, which 1 would you suggest that I use?

 

I am now waiting for the defence copy from the court, then I can proceed with the N244. I hope its referred to a local court.

[higggy]

Please Caro or anyone who can help

 

could you explain to me what Compound Interest and Contractual Interest is. I'm preparing my replacement POC and want to be sure this time.

 

Many thanks

[caro]

There are only extremely limited circumstances where contractual or compound interest can be claimed and that is if you went for the tort of deceit, which applies where money has been obtained and retained by fraud.

 

I have to give Zootscoot credit for that information which I'm afraid I can't advise on.

 

There are many threads on the site discussing and explaining interest, but in general, those who have succeeded in getting contractual interest have been very lucky, and if it takes the claim over 5k I suggest you avoid it or risk having to pay the bank costs if it is challenged in a fast track case, ie over 5k.

[higggy]

I am ready to submit my N244 to amend my POC, but have today received an Allocation Questionnaire to be sent to the court by 7th June. Does anyone know if the N244 will override the AQ or do I still have to comply with 7th June deadline. Also is there any help within CAG for completing the AQ.

 

Many thanks

[caro]

I would get the N244 in asap, and when you do so ask the court about the AQ. There guidance on how to complete the AQ in the Bank Templates Library.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

[higggy]

Thanks once again for the advice Caro.

 

N244 going to the Court tomorrow even if I have to burn the midnight oil to complete it. It seems to be so much easier with a bottle of red wine by my side.

[higggy]

Well, I submitted my N150, AQ, last wednesday. As I couldnt get a response to a couple of the threads I posted in the Business section I went with my my own gut feelings.

 

I used the 14 day warning in the directions set out in "AQ a new strategy" and also requested small claims even though I am claiming 11K.

I received a copy of the Banks AQ and in the section that asks, "do you want a stay" the bank have ticked yes, is this significant???

 

I will try to keep my thread up to date, but, please, if anyone has advice for me it would be appreciated I am not confident and the next step is worrying me

 

Many thanks

Higggy

[LizzyBee]

Hi Higgy

 

YB always ask for a stay - just their usual delay tactics. Dont worry about it.

 

 

Lizzy.

[higggy]

I received a Genearal Form of Judgment yesterday that accepts my amendment to the Particulars of Claim. Paragraphs 2 & 3 read

 

IT IS ORDERED THAT

 

2) the Claimant has permission to amend the Particulars of Claim in accordance with the draft annexed to the application notice dated 23rd May 2007. Amended Partivculars of Claim incorporating the new paragraph and endorsed with a statement of truth must be filed with the court and served on the Defendant by 29th June 2007

 

3)the Defendant has permission, by 13th July 2007 to amend its defence, consequent upon the amandments to the Particulars of Claim.

 

I am not sure what I have to submit by next friday. Do I have to send a new completed N1 and the schedule, was hoping someone may be able to advise

[higggy]

I have returned the amended particulars of claim to the Court and served YB with a copy also, with some very useful guidance from a nice lady at the Court. Seems like they are getting cheesed off with the Banks persistance to waste everyones time.

 

Not sure what the next step is. I have sent the AQ and have received a copy of YBs AQ both before the amended POC was accepted. I suppose YB will now change their defence and we may have to start all over again, who knows?

 

Will report any further developements if anyone is interested

[georgieboy]

Hang on in there Higgy - I am sure you will get there in the end, GOOD LUCK:) ....