Kafka v Yorkshire Bank

[Kafka]

This was a joint account opened arount 1981 and closed in 2001 following a major dispute over penalty charges and the withdrawal of an overdraft.

In reviewing the statements I have charges dating back to 1996, totalling around £1100. Adding OD and 8% interest to all of this brings the total to over £2000.

17 April - Prelim Letter sent
24 April - fob-off letter from YB
8 May - LBA sent

This claim is therefore ready to file for court.

1. I need to clarify how this is presented in view of the fact that this is a claim exceeding the Limitation Act period. Is this simply reflected by a mention of the Act of Concealment and SYNTHESIS in the POC?
   
2. Does this claim need to be done through N1 rather than MCOL because of the time period? I normally use MCOL because I do not live at my registered address. Alternately, can I serve N1 through a court at an alternative address?

Any advice welcome.

K.

[peed 'orf]

Hi Kafka, don't mention the pre 6 years, let them do it in their defence.
MCOL is fine.

[Tools]

Agreed Peed orf , don`t mention S.32 limitation , let them dispute it .

I would ask for disclosure of the Cynthesis calculations . It is one step further than asking for standard disclosure of true costs , because it has now been confirmed that they DO have a system in place to calculate true costs and as such have hard information that you are within your rights to ask them to disclose in court.

[Kafka]

Should the request for disclosure of the CYNthSYS calculations be in the POC?

There is so little speace there to add anything, so is there as concise form of words adequeste for this?

K.

[Celestine]

Personally I'd go N1 everytime, there simply isn't room to add anything to the existing MCOL template POC.

Also you get direct communication from the court from the start, no waiting for transfer, no sending spreads by separate letter............I can assure that you'll feel much more in control.

[Tools]

I have done N1 for all my claims and the court staff are very very helpful

[Kafka]

Fob off letter

Well.............

I have now received a thoughful fob-off letter from Sutcliffe Solicitors.

They have very kindly offered me £200 in F&FS, but needless to say I will be politely rejecting this in my inimitable style.

watch this space.....

K.

[Eggopp]

Good luck kaf..

im doing Yorkshire bank for my elderly retired neighbour who
is incapicitated and a war vet.. out rageous that the banks take advantage of this peer group let alone everyone else...

[Kafka]

Well the N1 was finally submitted at the local court today, after a lot of work.

The Particulars of Claim ran to 6 sides of A4, including Tool's arguments in support of going back more than the normal 6 years.

With the pre-6 charges included and some long interest calculations, this claim now amounts to over 2k.

This could be a very interesting model for claiming more than 6 years and I already have a business account that I intend to use the same arguments for.

WATCH THIS SPACE

[Tools]

Good luck Kafka ,

The POC has been a team effort I adapted it to suit your needs . I will be watching yours bvery closely as I have a similar pre 6 year claim to make but with a few little extras . Also using what we have in the pipeline will help too but that is to be revealed at a later date when finalised.

Keep us all posted Kafka and you know how to get hold of me if needed.

[Celestine]

Just to let you know, that POC (or v close) was recently used against Lloyds........

Success came last week........

[Kafka]

I have just returned home and caught up with a mail backlog.

The claim was deemed served on 11 July.

I also received an earlier letter acknowledging that I had refused their offer of £200 in F&FS. They were planning to conduct an in depth analysis of my account, which would be difficult because they closed it 5 years ago. YB don't have much going for them, but at least they still have a sense of humour. The analysis was suspended due to their receipt of my claim and referred to their legal department.

No Acknowledgement of Service received yet.

K.

[Tools]

If and when you get a defence through Kafka , I would appreciate a copy so we can give it a good look over

[Kafka]

YB filed Acknowledgement of Service on 19 July, stating that they intend to defend the whole claim. It was filed by the solicitors acting for the defendant (AQU Charges Section)

K.

[Kafka]

Just an update on this to say that i have heard nothing further from the bank or the court. Service was 11 July, so the 28 days to submit a defence runs out on Tuesday 8 August.

If I hear nothing before that date I presume I file for judgement on 9th?