YB Nightmare

[katsbubb]

I have two claims on going with YB. Claim 1 for £4019, claim 2 for £5239. Court proceedings were issued with MCOL on the 1st May. On the 15th May I received a letter from YB for claim 2 asking for account number charges ect as these weren't supplied with claim. Wrote back and copied the court with all correspondance as the account number was on the claim form. On the 22nd I entered judgement on claim 1 as this hadn't been acknowledged. I also rang MCOL and asked if I could enter judgement on claim 2 as they had been in contact with me but i hadn't heard from the court they said I could. When trying to enter judgement the amounts were coming up zero and I was told there was a technical fault but could send off a manual judgemet which i did. On the 30th May YB entered a defence for claim 2 when speaking to MCOL and stating I have been trying to enter judgement since the 22nd but couldn't as there was a problem with there system they said its unfortunate but it is whoever gets in there first but I could lodge a complaint which I did and am waiting for a reply. In the meantime I rang my branch (leeds city) asking for payment of claim 1. I was told by the manager it was with legel services department who were deciding whether to pay me or not. When I pointed out it was not if but how and the next stage was to send in bailiffs she said thats fine send them in to seize goods. yesterday I received a phone call from YB stating my MCOL had put a stop on my account as they are asking for the judgement to be set aside as they tried to acknowledge the claim on the 4th but the system wouldn't let them. Surely they should have sent in a manual request like I was told to do with my judgemet and in the words of MCOl it's whoever gets there first. I have now been told my casr has been put in front of the judge and it could be another 4-5 weeks before a decision is made on whether my judgement stands or if a court date will be issued.

Reading other claims it seems YB quite often get judgements set aside and I feel like sceaming. Sorry for the long story but i had to get it off my chest!!!

[twoofus]

Hi Katsbubb, its infuriating isn't it but trust me we are all in the same boat or have been in it. YB seem to be the masters of bending the law and the courts are continually letting them get away with it.

 

My advice would be (because i've had to do it myself) to just take a deep breath and sit and wait. YB use every trick in the book to delay but at the end of the day they are just delaying the inevitable. I know its hard to take that all of us who are a one man band can follow the law and the courts requests but YB with its 'Legal services department' can't even get letters sent on the right dates.

 

Keep calm, stay patient, they are running scared.

 

Good luck

[suecboro]

Hi, I've just received ltr from YB stating I didnt supply acc.no's, sort codes etc. I supplied all with original claim. They have given me a CPR Part 18 to return to them by 13th June. They only had until the 4th June after the Ack of service. Have you any idea how long now I have to give them to reply?

[katsbubb]

Thanks twoofus, have you won against YB? I'm not giving up, it infuriates me how I have done everything by the book and always been polite but then I have had nothing but attitude and rudeness from them.

[twoofus]

No we haven't won YET katsbubb but we shouldn't be far off now, your story is one we are all familiar with though as we've all had the same treatment just with slightly different twists and tactics along the way.

 

You are conducting yourself in the right manner because you have morales, the banks don't, thats why they 'allegedly' take money from us unlawfully and talk/treat us like sh*t

[katsbubb]

Quick update

Claim 2 - received letter from Northanpton County Court stating looking into my complaint and will get back to me within 5 days. Seperate letter received again from Northampton for the same claim saying judgement had been issued on 31may. This is the day after YB had filed their defence. I am now confused?

Re claim 1 is there by any chance a draft letter anywhere that I could send to the court requesting that my judgement stands as looking at other threads yorkshire bank appear to have the majority of judgements set aside for differing reasons and this just appears to be a delaying tactic.

Any help welcomed. I got £4K worth of charges back from Halifax within days of getting a court date and thought this would be similar, how wrong can you be.

[katsbubb]

Rang MCOL re claim 2 this morning they have thrown out YB defence and enterered my judgement. I have now executed a warrent. Still a feeling they will contest this. Still looking to write to MCOL re claim one and YB appealing the judgement has anyone done this before? Is there a template anywhere? Small victory on my part. Any advise/help appreciated.

[rootytoot]

How exactly did you complain to MCOL? I find your story quite inspiring and may well try to follow your footsteps concerning the complaint.

[katsbubb]

I sent an e-mail with my claim number and complaint in the title with all the facts and received a letter back from their complaints manager saying they were looking into it and would be back in touch in 5 days. In a seperate envelope on the same day was a letter saying my judgement had been entered. When I rang them they said they had thrown out YB defence and I could execute a warrent which I have. I have learn't from my other claim with YB that even if judgement is enterered they will try to wriggle out of it. I am now waiting instructions re the warrent and waiting for MCOl to get back to me re my other complaint on my other case.

Confused--you will be!!!! But I have found if you e-mail MCOL they respond quickly and listen to your case.

[rootytoot]

Did you email them in formal or informal language? I see now that my judgement has been set aside. Did it get that far with you or did you complain after they asked for it but it had been granted? Sorry for all these questions.

[katsbubb]

I emailed MCOL in informal language. YB had entered a defence and my claim had been halted and transferred to my local court. When I saw it had been halted I sent my email. They defended on the 30th May and I got my judgement issued on the 31st May after MCOl had investigated. On my other claim which I am still awailting a reply from MCOL I had got my judgement issued then YB had it set aside as they say they have proof they acknowledged. Basically I am appealing this as I don't see whay 'proof' they have when the court didn't receive an acknowledgement for either of my claims. Ask as many questions as you like and hopefully we will get through this together.

[katsbubb]

Hi, Quick update. Claim 2 judgement awarded in my favour and YB defence thrown out. Received letter from MCOL today re; Claim 1 Judge Murdoch at Northampton has awarded a stay on my judgement as YB say they filed an acknowledgement. I guess you win some you loose some.

[judge dredd]

Hi, thought I would update you, Yb have managed to file an acknowledgement of service on the 6th June although I had been granted judgement in default and also a warrant had been issued. Apparently YB had tried to file the acknowledgement on the 15th of May but it had been rejected by the Couyrt due to the address provided by the YB being an address in Scotland. However4 District Judge Murdoch had since indicated that the acknowledgment should have been accepted and therefore the Court have now accepted it. YB have until the 12th June to file their defence and we all know what happens thereafter stall, stall stall!!!! I think this is why Judge Murdoch gave them the benefit of the doubt in your case due to the error by the court for not accepting the acknowledgement in the first instance. I have been advised by the court that i can contact customer relations and get my warrant fee back!!!!

[katsbubb]

Frustrating but I know we will all get there in the end. I'll keep you updated

[katsbubb]

I've won!!!!!!!!!!!!!!!!!!!!!!!!

Knock at the door this morning at 7.30am. Two special delivery letters. Two cheques £4019 and £5389 with the following letters:

 

I refer to the above claim you have against the bank, where you have entered Judgement in Default, dated 22nd May 2007.

 

Whilst the bank beleives it has grounds to make an application to set aside Judgment the cost of doing so will be disproportinate to the sums in dispute. For this reason only, please find enclosed a cheque in full and final settlement, without admission of liability, of all you claim against the Bank.

 

Please can you inform the Court that your judement in Default has been paid in full.

 

Funny thing is on one account the judge has granted the judgement be set aside and as far as I am aware there are no costs involved in this anyway. But who am I to complain.

Didn't even get to the court date stage. One of my accounts was active and the other has been closed for a couple of years. Please don't give up you will all get your money in full plus interest in the end.

 

Off to the bank now!!!!

[gaz2006]

Glad you won can you give me soem background details of claim ie was it within last 6 years charges what did you put on poc any help would be appreciated Regards Gaz

[theodane]

Congratulations great news

[stevieg08]

Hurah thats so great, well done Katsbubb Congratulations!!

[katsbubb]

Thanks to both of you, Gaz2954 I will help all that I can. Both claims were within last 6 years I am now going to see if I can claim back further than 6 years on one of my claims need to do some research first. All stages were follwed as per this website and I filed via MCOL which i found better as I have other claims going on at the moment. What stage are you at please feel free to ask any questions as Yb really wound me up towards the end. Hope this helps but ask specific questions if you want.

On cloud nine at the moment so I am probably waffling.

Does anyone know how I can change my total and make a donation.

[sajabu2003]

Congratulations katsbubb!

 

Sarah.

[katsbubb]

Thanks to everyone for their support, I couldn't have done it without this site

[judge dredd]

CONGRATULATIONS - WELL DESERVED WIN - GO BANK YOUR MONEY AND ENJOY YOURSELF!!!!

I woke up to receive two letters from the the Court to tell me 1) Ms Ross has file an acknowledgement on the 15th May and 2) the Judge has awarded a stay due to the acknowledgement!!! Never mind will keep on battling - no pain no gain and all that!!!!

 

AGAIN CONGRATULATIONS AND WELL DONE!!!

[twoofus]

Brilliant news, well done

 

Seems YB are having a bit of a spurt. Hopefully it will continue into next week as I think there are a few due at court.

 

Congratulations

[katsbubb]

I have the name and number of who I hounded oops sorry dealt with at legal services, she is the one who got their solicitors to ring me and then they authorised payment. For every 10 messages you leave she picks up on approx the 11th.

[judge dredd]

Come on then Katsbubb, give us the name of the person you "hounded" and I will also hound her. Your right I have now got out my statements going back further than six years (1994) and also my husbands. Once they have paid this claim I will go back and get the rest. Just waiting patiently!!!

 

Again Congratulations to you.