Shan Vs Yorkshire Bank

[shan cc]

Hi,

 

I am at the stage now that i have filed in court for around £3,800 over the last 6 years, asking Yorkshire Bank to justify their excessive charges.

 

They have filed a defence saying that the charges were outlined in the contract and i have previously agreed to them. We both have untill the21st of May to hand back in the questionaires sent by the court, which apparently will cost me £100 to file!

 

Is this standard for the bank to do this?

Can i get this amount paid for if i'm on tax credits?

 

I must admit i'm starting to get a little bit frightened! but i will push on! Do you know what will happen next?

 

 

Thanx for you're support! Shan:oops:

[sajabu2003]

Welcome to the YB forum Shan

 

The defence sounds pretty standard. For advice about the £100 take a look at this link... Court Fees - do you have to pay them? It will tell you if you are exempt.

 

Good luck with your claim.

 

Sarah.

[JulesTools]

Hi Shan,

 

Even if you discover that you aren`t exempt from the fees , you are entitled to the fees back from YB when they settle don`t let them let you fall for a `full` settlement minus the fees , and don`t forget you are now entitled to S.69 interest at 8% for every day they delay;)

 

Good luck keep us posted , you`re in good hands with Sajabu

 

Jules

[sajabu2003]

Thank you Jules lol

[shan cc]

Thanks everyone for you're help! It really keeps me strong! Cheers! :p

[shan cc]

Hi, also, can anyone tell me if there is anything i have missed out as i have sent copies of all statements to the bank relating to the charges i also sent the template letter at the beginning asking for the money back and now i am about to hand in my allocation questionaire, so i dont want to lose the case because i havent followed protocol.

 

The girls at my local court are not interested in answering any questions! so if anyone knows anything? Thanks everyone! shan

[sajabu2003]

Shan if you take a look at this thread Example Step-By-Step Instructions it gives example step by step instructions. It's useful to read through so that you know what to expect and it's also good as you can go through checklists to see what you need to hand in to the court etc at certain points throughout your claim. I still have a quick sneek peek every now and again to make sure I'm doing my claim correct and my court date is in just over 3 weeks

 

Sarah.

[shan cc]

I have now received a General form of judgement or order. It says that both parties shall deliver to every other party and to the court office copies of all documents(including experts reports on which the court has given permission for expert evidence to be used) on which he intends to rely at the hearing.

 

Signed statements setting out the evidence of all witnesses ( including expert witness if the court has given permission to use them) on whom each party tends to rely shall be prepared and copies included in the documents mentioned in par1. These include the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come court to give evidence.

 

Has anyone had one of these? What did you do?

[paulmwilding]

Have a look at this thread... New strategy for Allocation Questionaires Post #55. You'll need to read through the defence that YB sent to you and decide which statement of evidence fits your claim.

 

Hope this Helps

 

PaulMWilding

[conalot]

i got the same directions from my court to hand in on the 11th july and shortly after got my court date i have posted what i included in my bundle on my thread if that helps all of our claims are different so ammend what you need accordingly good luck (fingers crossed my date is 7th sept) we will both soon be holding our cash

 

jeanette

[caro]

Your court bundle can be found here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960 When do you need to get this done by Shan? Have you got all you need to comply with the order now?

[shan cc]

I think the only thing i'm missing is

 

UTCCR 1999

UCTA 1977

SOGA 1982

 

for some reason my computer wont download these!

 

I have prepared a witness statement, downloaded the dunlop v new garage, Peter Mcnamara interview transcript, i have also given an account of the documentary 'whistleblower' 21/03/07 bbc and i will probably put the clip from youtube onto a disc as evidence. I also included a transcript from the Houses of parliament where Matthew Taylor MP attacks the bank charges saying that they are not just unfair and inconvenient, they are illegal?

I am concerned, however, that i do not have any Terms and Conditions for Yorkshire Bank, and when i filled in my allocation questionaire i did not send a copy to the bank as the lady at the court said that they would do that.

[conalot]

did you print the court bundle out the parts you want are in that

[shan cc]

I have looked at the court bundle but i havent found one that you can print stuff of.

 

Is there one with teplates?

[conalot]

the court bundle is a zip file I am not that pc clever so i saved it to my docs and then opened it and printed it straight off

[conalot]

http://www.consumeractiongroup.co.uk/forum/statutes-library/ here follow this you should find them in there fist time ive tried putting a link up so hope it works

[conalot]

http://www.consumeractiongroup.co.uk/forum/bank-charges-media/ and i found some good stuff here to god im getting clever now lol

[daisy1]

Hi, I am a new member and trying to reclaim bank charges from the Yorkshire Bank, just recieved letter saying that the charges are lawful, so I have replied and not satisfied with the response and if do not have a satisfactory response within 14 days will proceed with court, they actually owe me 1880.00, am i on the right path, as getting a little frightened now!! what do i do next!

[conalot]

hi daisy1 yeh i take it you have just sent your LBA yes thats right you are ok but i would start your own thread and you will get all the help and support you need but its a long process with YB so patience you will need a lot of dont worry you will be ok they are a good lot on here and will keep you right

 

jeanette

[shan cc]

Thanks conalot ! you have been a great help ! I am delivering everything tomorrow so i will be working on it to finalise all day tomorrow!

 

Will post a thread,

 

Thanks again!

[conalot]

no problem had good help myself just passing it on (even pc lessons thanks mandy lol) hope fully we will all be recieving our cash very soon good luck

 

jeanette:cool:

[shan cc]

Im also wondering about the price tarrif, i havent got one! all i have got is the prices for going overdrawn etc from YBs website which i have downloaded does anyone think this will not be enough?

 

I have already sent all my 6 years statements copies in to the court and bank surely it is just the originals that i have to take in now in my court bundle?

 

Does anyone have the schedule of charges and terms and conditions for Yorkshire Bank?

 

Im going to work now, and working on this at work all night! so i will check the thread tomorrow morning.

 

Thanks everyone:) ;-)

[yosemite]

I only have 2006 T & C's if this is any good. Bigmac was trying to get earlier T & C's so you could ask he has managed to get them yet. I just sent my bundle with the 2006 ones. My hearing is 20th July so if you manage to get any earlier ones let me know. I can send you the 2006 ones if this will help.

[caro]

You need to keep the original statements and take them to court with you if it gets that far. Not sure why you've already sent copy statements, but they do form part of your bundle so send them again to be on the safe side. You only need to include the ones with charges. If you haven't got T&C's, you can't send them, but if you get some later you could always write to the court and ask them to add them to the bundle.

 

Let's face it, the chances of you going to court are miniscule so don't stress too much about it.

[shan cc]

Thanks everyone for youre help! What would i do without you all!

 

I sent the copies of all the bank statements in when i instigated the claim because the women in the office at the court said i had to, they are really very unhelpfull and also took 15 days to even type a letter that was issued to me from the judge saying that i was missing a witness statement.

 

If i cant get more copies of all statements in time shall i put a statement in to the court informing them that i have already hand delivered 2 bundles to the court as they told me to do so, they said that they would send the banks copies to them.

 

I am wondering if Yorkshire are trying to contact me ive had a couple of missed calls on the mobi, who havent left a message and the code is Glasgow.

 

If they dont send copies of all evidence and correspondence in will i win by default?