Mick v Yorkshire

[CrikeyMick]

MCOL completed with a minor glitch I had to ring them about (I had put the full amount instead of the interest I am claiming in the particulars of the claim), the MCOL Helpline was quick and efficent and even though they are refuning the fees for my failed attempt via post which will take longer than I hoped, they were easy to speak to and were very understanding.

 

So now I have to sit and wait again until Yorkshire file their last minute defence....

[trundlecat]

Good stuff Mick. That's anotherone to be landing on a desk in their legal dept.

 

BTW, anyone else noticed how everyone in there seems to have the title "Senior Corporate Lawyer" yet none of the ones who've written to me have been able to spell & have appauling grammar (even on paperwork they've submitted to court)? You'd think if they were senior they'd either be literate or have someone else to do their typing...... this would indictate to me that they're rookies & use the "senior" sig block as yet another scare tac-tic.

[CrikeyMick]

Hmm, not sure on that.. most senior management I've had the misfortune of working with or under have been incompetant and illiterate and rely heavily on the brilliance of their underpaid and overworked staff. (Not to say that all senior management are like that, or that the staff are any better , just the vast majority of the ones I've dealt with)

[CrikeyMick]

After what seems like an age, and me busy doing other things Yorkshire have finally filed their defence and counterclaim the same as they have for everyone else right at the last minute.

 

Nevermind, I'm not in a hurry, especially not after reading Trundlecats most excellent news of them offering to settle in full with the interest included!

[caro]

I see they have done it at the last minute as usual, dragging it out. Keep us posted Mick.

[CrikeyMick]

I thought they had but moneyclaim still shows the status as acknowledged and I can start judgement. Should I do that now as they only had until yesterday to file a defense and it seems they have missed the deadline, even though they got the documents to me on time?

[caro]

I am a bit confused (as usual), but there must have been a reason you thought they had filed a defence. YB have filed to submit defences on time several times before and managed to get judgment by default removed. I suggest you phone your local court and check they have not received the defence, and check that you can safely ask for judgment by default. It might be worth mentioning that you have heard that YB have submitted late before and ask them to confirm whether they would accept it at this late stage.

[CrikeyMick]

Hiya

 

I thought they had filed a defense as they sent me a copy of the defense they planned to file and the dates, etc where just prior to the end of the acknowledgement stage of the procedings. The moneyclaim website still shows the status as acknowledged, and allows me to file for default.

 

I've requested a default judgement this morning based on the information on the help for moneyclaim which states that they will accept a defense at any time before or after the acknowledgement deadline as long as a default judgement hasn't been issued.

[caro]

Fingers crossed for you then, although I think the chances are that if they have sent a defence to you they will have also sent it to the court.

[CrikeyMick]

Oh drat. I've just received the allocation questionaire through the post. Oh well, will fill it in and be patient again.....

[caro]

If you have a counterclaim too, you will need to submit your defence with it. I was just thinking everyone will think I am a real pessimist. Experience of dealing with this lot I guess.

[CrikeyMick]

Not at all, your quite right. I just had a temporary laspe of optimism. I'm just plowing my way through the details now on how to fill in the form etc. Is there any useful information on defending the counter claim? I can't remember seeing any anywhere.

[CrikeyMick]

I would appreciate any of your comments on the below as I will be filing it within the next 48 hours.

 

In the XXXXX County Court Claim No XXX XXXXXX

 

Between

XXX CrikeyMick XXX

 

Claimant

 

- and -

 

CLYDESDALE BANK PLC trading as YORKSHIRE BANK

 

Defendant

 

Reiteration of the particulars of the claim

1. The Claimant has an account XXXXXXXX ("the Account") with the Defendant which was opened on or around 20/06/2001

2. 2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £762 and any interest charged thereon;

b) Court costs;

c) The claimant claims interest pursuant to section 69 of the County Courts Act 1984 at the rate of 8% a year from 04/01/04 to 31/07/06 of £76.13 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.0219% as set out on the attached list of charges or at such rate and for such periods as the court deems just.

The defendant claims:

1) £762

2) Costs

3) Interest

The claimant believes that the contents of these particulars of claim are true

Defense of counterclaim

6. In part 11 of the counterclaim the defendant states that if the claim is successful that the defendant will claim for the actual costs and expenses incurred in dealing with the claimants breach of contract in allowing the account to become overdrawn.

a) If the contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law, then the amounts claimed in parts 15 and 16 of the counterclaim are also unenforceable by this same virtue.

7. If the charges are a genuine pre-estimate of the costs to the defendant, which the claimant denies, the defendant will already have collected damages in the sum of £762 and has also charged interest on that sum.

The claimant believes that the facts stated in this defense are true.

Full name: XXXX CrikeyMick XXXX

Signed:

[isie1980]

Just a quick question - was the counterclaim in amongst YB's defence? Or does it appear with the defence and AQ but as a separate document?

 

I'm confused because YB didn't counterclaim with me as far as I can tell. Not yet sent the AQ back so will reread the defence to see if counterclaim is hidden in there.

[CrikeyMick]

Hiya Isie

 

The defence and counterclaim I received was all part of the same document, but it was also complete nonesense.

 

The first paragraph basically states that if I win my claim that they will counterclaim for the actual costs of my breeching the terms and conditions. Then there is a lot of standard stuff about how they will refer to the terms and conditions, and then from paragraph 15 they state that they will reclaim the full amount I would have won at the point their counterclaim comes into action.

 

There is also a section that states even if I am unsuccessful they will still try and counterclaim for the full amount plus interest plus costs. This is especially ludicrous as they already have my money and they must know that the best the could hope to achieve would be payment of cost of filing the counterclaim!!!!

 

Hope this helps

 

Mick

[colinsandwich]

Hi there

 

I used to work for YB, about 5 years ago.

 

We were alwys told to try your hardest to never refund, if possible!

 

The office moto was "user pays".... says it all really.

 

Am about to submit a prelim for £1867. Quite preverse really, considering I used to be an employee?!

[CrikeyMick]

Hiya

 

Well I've just sent my court papers to the bank and the courts ready for the 8th January, I doubt they will reply but I won't stop until the bank pays. Thanks for your comments though and good luck with your own claim

[CrikeyMick]

Have recieved and declined an offer of payment. Was for the full amount I originally chased them for, but was made up of a portion of what I asked for and a portion of court fees I have paid out. Naturally I now want the full amount plus the court fees, and the additional charges they have applied.

 

Still would have been a nice to have for christmas.

[caro]

I'm not sure you can add on the additional charges Mick, but I guess that they could discuss that in court. I hope you're holding out for the interest too.

[CrikeyMick]

I'm not sure I can either, however the court in both cases that I am pursuing have asked for a current schedule of charges to be supplied following the court date being set, and so that is what I provided to them. In both cases the paperwork has been accepted but as to whether the judge will accept the additional charges if it goes to court, I have no idea.

[caro]

If it's been asked for by the court you would seem to be justified in adding them on. Go for it.