New claimant - YB

[masontak]

Hi everyone

 

I hope I'm doing this right and that I'm in the right forum!!!

 

I have already started the process of claiming back my charges from Yorkshire Bank. The stage I am at is the bank have just refused to refund my charges (no surprise there) so I am about to ask again. This claim is for 2 accounts that we have with the Yorkshire.

 

My husband also has an account with Yorkshire and we still haven't received his statements. About to sort that out today with another letter.

 

If I'm in the wrong forum, will somebody please let me know? Thanks.

[Michael Browne]

If I'm in the wrong forum, will somebody please let me know?

No you're in the right place, use this thread to update progress and ask any questions

[masontak]

Thanks Michael. Not even got to a crucial stage yet and feeling jittery about the whole process. Keep feeling like I'm going to do something wrong or ask some really daft questions. Maybe I should change the title of my thread too!!

[twoofus]

Welcome to the wonderful world of Yorkshire bank. You are going to get to know a lot of brilliant people on here over the coming months who will give you all the advice and encouragement you need, so don't worry just be aware that YB claims take a long long time. Patience is a virtue, but ultimately patience will get you YOUR MONEY back

 

Good luck

[masontak]

Thanks for your reply twoofus.

 

I have lots of patience (good job really), in particular for this. I was shocked at how much YB had taken from my husband and I over the last few years so I'm ready to take the challenge on. I have 2nd letter to write for husband's statements and LBA for my claim. Here goes!

[conalot]

good luck i am ahead of you in my claim im already going through the court stages an have just returned my AQ and got a copy of yorkshire banks on sat but like you i have just started to post on this site but i have used information of here through out my claim so if i can help at all i will but they do like to drag there feet as much as poss im afraid but hang in there

[masontak]

Hello again.

 

I haven't posted for a while as I'm swamped in revision and also trying to move house (not a good combination, especially when trying to take YB on too!).

 

My latest news is that I didn't receive any correspondence to my LBA and so now the time has come for me to fill in the N1. I hasten to add this is the moment I have been dreading as I'm convinced I am going to do it wrong. I have spent many nights going through all the advice given and I still feel queasy. Not about claiming against the bank but about getting the form wrong. I know many people have reached this stage and worried about getting it wrong, so I'm in the hope that when I come back on later with some really dim questions that some kind soul will take pity on dippy me and help me out.

 

Many thanks.

[masontak]

Hi everyone

I've been reading through everything about filling in the N1 and I'm flapping.

From the beginning of my claim I have added the charges from our 2 joint accounts together and have sent all correspondence to the bank from both my husband and I. When I have read the N1 in my small claims pack and the advice from this site I'm worried about the POC bit. Can I adapt the wording to accounts or not and can the claimant be changed to claimants as in my husbands name and mine?

 

Any advice would be welcome, thanks.

[masontak]

Help please!!!

 

I have reached the N1 stage and am now worrying that I've been doing it all wrong.

 

1. I have been asking for the interest all along and now realise that I can only do that when it goes to court (am I right!!).

Jt account 1 - £1488 + Int - £185.13 = £1673.13.

Jt account 2 - £1987 + Int - £240.22 = £2227.22.

 

I have added both together - £3900.35 and have been asking the bank for this. Have I been COMPLETELY foolish???

 

2. Have claimed for joint account in both my name and husbands. Now have reached N1 stage I am worried that it says claimant and not claimants. If it goes to court only I will be able to attend anyway as my husband will be working away. I'm so worried that I have messed up at the early stages.

 

3. As I have already sent my LBA and received no response within the 14 day timeframe, does anyone think I should maybe change things at this point and maybe ask the bank for just the charges (being the lesser amount) and if I get no response again, then just pursue the court route.

 

At this point, I think I have possibly lost all confidence to go through with this, unless I can get some much needed help and advice from someone with a brain on this forum, because I clearly haven't.

 

Thank you in anticipation.

 

Can anyone please help and possibly calm my head down.

[Michael Browne]

1. I have been asking for the interest all along and now realise that I can only do that when it goes to court (am I right!!).

Jt account 1 - £1488 + Int - £185.13 = £1673.13.

Jt account 2 - £1987 + Int - £240.22 = £2227.22.

 

I have added both together - £3900.35 and have been asking the bank for this. Have I been COMPLETELY foolish???

You're fine. Ok you're not entitled to s69 interest before court and if YB had offered just your charges, you would have to accept and forego the interest. But they haven't

 

2. Have claimed for joint account in both my name and husbands. Now have reached N1 stage I am worried that it says claimant and not claimants. If it goes to court only I will be able to attend anyway as my husband will be working away. I'm so worried that I have messed up at the early stages.

Joint a/c's can be claimed in 1 name. YB often object to this as a stalling tactic, but CPR 19.6 specifically allows 1 party to claim on behalf of others with the same interest.

3. As I have already sent my LBA and received no response within the 14 day timeframe, does anyone think I should maybe change things at this point and maybe ask the bank for just the charges (being the lesser amount) and if I get no response again, then just pursue the court route.

No, just file at court.

[masontak]

Thanks for your help Michael.

I knew I could rely on 1 of the many clued up people on this great forum.

Have calmed down now!

 

1. So I just put my name in the claimant bit. OK.

2. In the value bit, I put my charges in.

3. Then what is the overdraft interest?? Is that the interest I have calculated on the calculator?

4. Interest under s.69 - Is this the interest I have calculated on the calculator?

I'm confused with all these interest things as you can see. Do I just carry on as I was because I'm now worried that YB have already realised that I don't know what I'm doing by asking for the interest already.

 

Should I miss out the overdraft interest because I'm not sure what it is.

I'm not doing too good am I?

 

Thanks for any help, I think I need it drawn in pictures!!!!:-?:-?

[Michael Browne]

1. So I just put my name in the claimant bit. OK. Yes

2. In the value bit, I put my charges in. Yes

3. Then what is the overdraft interest?? Is that the interest I have calculated on the calculator? No, this is overdraft interest that relates solely to your charges not general spending. If you haven't claimed this just delete this bit

4. Interest under s.69 - Is this the interest I have calculated on the calculator? Yes

[masontak]

Thanks again Michael.

 

Will go off and do it now. Thanks for your patience. What I may also do is paste my N1 on my thread when I have finished it then it can be checked.

 

Anne

[masontak]

Just one more thing.

Should I add our 2 joint accounts together for the N1 claim or should I keep them separate and do 2 N1 forms?

I know this is going to be £120 each, but will it help to keep things less complicated.

 

Just wondering before I take the final step and complete the form.

 

Thank you in anticipation.

[Michael Browne]

Entirely up to you

I know this is going to be £120 each,

Plus 2 AQ fees of £100

Also if you are filing via N1 you may prefer fuller POC's. See here:

http://www.consumeractiongroup.co.uk/forum/abbey-bank/71394-abbey-national-me-defence.html#post661174

[masontak]

I think I would rather file by MCOL but I am worried about the bit I have read about banks challenging claims filed through MCOL due to shortened POC's and because list of charges cannot be included.

 

Not sure what to do now as I'm worried about both.

[Michael Browne]

I think I would rather file by MCOL but I am worried about the bit I have read about banks challenging claims filed through MCOL due to shortened POC's and because list of charges cannot be included.

 

That's precisely why I think N1 is preferable. see here:

Getting MCOL Right

[masontak]

Thanks again Michael.Don't know what I would have done today if you hadn't been so helpful.I tried to tip your scales but it says I have to spread some reputation around before giving it to you again, sorry.Thanks for putting me back on the right track, with confidence too.

[masontak]

I know I said last question 3 posts ago but I would appreciate some reassurance before I go ahead with filing at court. Not mustering much strength here.

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

Regarding the above statement:

 

Do I put in 'The Claimant has 2 accounts (Account no.s) with the Defendant which were opened on or around (dates of both accounts being opened as are different).

 

Because I have added 2 joint accounts together, do I put in the 2 dates that both accounts were opened as my charges start on 2 different dates.

 

Please help, I'm so confused (doesn't take much).

 

Thanks in anticiaption, again.

[Michael Browne]

The Claimant has 2 accounts, 123456 and 654321, ("the Accounts") with the Defendant which were opened on or around xx/xx/xx and xx/xx/xx repsectively

[masontak]

Thank you. I was looking at the A-Z list that M Browne has compiled and placed on the forum the other day. A fantastic aide for people like me, however I seem to get more and more brainstormed the more I read even when it is put in simple terms.I know it's rather early but I've been trying to familiarise myself with the Court Bundle. Earlier today I managed to print off some of the Acts but I don't know where from; I must have clicked on something and the majority of them printed out. The only problem is some of them ran into each other and I know they will all need to be separate for the bundle. Some of them I can't find such as the Early Day Motion from H of P and the OFT Statement Summary.Wondered if I could be pointed in the right direction for all of these.I would just like to say if Michael Browne replies to me (and I don't expect you to), I am extremely grateful for all the expert advice and time you have given to me today.

[Michael Browne]

Office of Fair Trading - Credit Card Report Summary

http://www.oft.gov.uk/shared_oft/rep...ts/oft842a.pdf

[masontak]

I did see that on the A-Z list but I didn't think it was right for me beacuse it says Credit Card.

 

Have you any idea where I may have printed all the others off today as I am unable to find them now and I would like to print them individually so that they don't overlap. I did find some in the Statutes Forum but not all. The ones I am missing are Early Day Motion and Dunlop. I have the others. I know it sounds like I'm asking you to do all the work but I have been looking on the forum for most of the day and I'm stuck.

 

Thank you.

[Michael Browne]

EDM:

EDMDetails

 

Dunlop:

Court Bundle

Basic Court Bundle

[masontak]

Thank you.I feel embarassed now. I have just opened the link you sent me and when I opened it I realised it was 40 pages long. I think I need to take a break and possibly give you a break too.I must add though that every time you have posted back to me I have gained some confidence. I will read things properly next time then hopefully I won't have to barrage the forum with lots of silly questions; gosh if I'm like this now what will I be like when it comes to hearing dates!!! Perish the thought.There is a small possibility I will be able to sleep tonight.Eternally grateful.A.