Thread: JunkiMunki Vs Yorkshire Bank Plc ***WON***

I unfortunately waited 11weeks, but the settlement was worht it in the end.

Originally Posted by JunkiMunki

sorry about this guys , but posted a copy of the aq's to YB as well, am I correct in thinking that I do nothing now until the court contact me again, as to whether my proposed directions have been accepted or not , but could always get the relevant info needed for the "draft" ready to return if accepted
is this correct

Yep wait and see, only other thing you could have done with AQ is to ask court/judge to ask YB for full disclosure, thats asking the court to make an order for YB to disclose Breakdown of their charges, not tried 7& tested yet.
have a read of this and decide for yourself

http://www.consumeractiongroup.co.uk...ionnaires.html

Good lick

Celicaman

HIYA,
Have this morning received the Courts Judgement order after returning my aq to them on 22/06/07, I had requested the "14 day draft" but the judge has ordered the following, Court Date; "Tuesday 21st August 2pm"
time estimate 1hr .

The following Directions apply to this claim :

1] The Claimant shall within 21 days of service of this order send to the defendant and to the court :

A] A schedule [ unless one has already been sent to the Defendant and to the Court] setting out each charge repayment of which is sought, showing the Account No; , date, amount , and reason[ if any] for the charge being made;

B] A statement of evidence, if such is to be relied upon, in support of the claim together with copy statements or other relevant documents.


If the Claimant fails to comply with this order, the claim will be struck out without further order.

2] The Defendant shall within 21 days thereafter file and serve a witness statement in response to the Claimants schedule, stating in respect of each item claimed;

A] Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

B] Whether such charge is accepted to be a penalty, and if not, why not;

C] If such charge is alleged to be a pre-estimate of the Defendant's losincurred by the Claimant's actions [ whether or not such action is to be treated as a breach of the contract between the parties], all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was.

If the Defendant fails to comply with this order, the Defence will be struck out without further order and the Claimant may enter judgement.

3] The original documents shall be brought to the Hearing.

4] The Court must be informed immediately if the case is settled by agreement before the hearing date.

In view of the above ; does this mean I have to complete the Court Bundle within the 21 days and return [1] to the Defendant and [1] to the court.

If I do have to complete the approx [200 page file] , then surely when the YB
decide to offer a settlement or send me a cheque, cant I ask them or request from the Court an amount of compensation and costs for the time and effort in complying with the order when the YB had no intention of complying with their side .
junkimunki xx

P.S. would it be possible for a Mod to take a glegg at this and inform as to whether I am using the correct procedure as to the order , many thanks
JunkiMunki

hiya ,
was wondering if anyone out there has the T+C's for the Yorkshire Bank,2001-2005, would much appreciate this info as I only have 06/07s, and if a mod is glegging at this could you tell me if it would be wise to inform the YB that I have now also got the relevant info as to the charges being claimed were illegal for a 2nd reason and this is by way of charges being levvied from my benefits from 2001- 2006 inclusive, and should I if need be include this info to the Courts in my bundle ???????????????????
junkimunki x

Hi, JM, Sounds to me like there will be a cheque on its way.
Dont send anything too soon, as hopefully you will get an offer before the 21 days are up, but if it gets to about 7 days from the date, send your bundle (no harm in filling in Statement truth etc and getting all stuff ready to print now in preparation, not last minute). Hard to distiguish when the court ask for 'and other relevant documents' but i would go full bundle on the offchance.THe judge knows your claim is valid & YB wont send bundle, so hope offer comes before 21 days.
After that they get defence struck out.
HSBC are now waiting till you send bundle before payout, so may be the same as YB.
As for wasted costs try this thread, you only apply after you have cashed your cheque, not before

http://www.consumeractiongroup.co.uk...t=wasted+costs

Good luck

Celicaman

Hiya Celicaman,
Have clicked your scales 4 you young man, thanks for replying so promptly, bit confused as to HSBC bit as I have only just sent pre-lim letter to ask for £986 to be refunded in 5 days as to this moey being illegally taken from my STATE BENEFITS, but they have not confomed so will send them a lba on monday giving them 7 days or will issue a N1 form as I am on benefits this does not cost me anything so on I roll ,regarding the YB's claim I have got to get the papers ready within 21 days to send to the courts, which is exactly what I think the YB will make me do then they will not conform to their 21 days and that is when I will receive an offer , after all my hard UNECESSARY work has beern done and sent.

Originally Posted by JunkiMunki

:o :o , only me again can you explain why my signal is showing offline and yet I am on ere ?????????????? tell me tell me tell me !!!!!!!!!!!!!!!!!!

For that i have no answer

CM

Regarding the T's & C's which you asked about. The one that Conalot sent me is for 2006, and you have asked for up to 2005 inclusive, so I don't think I can be of any help really.

Hi Junkimunki, subscribing coz I think you have a wonderful slant on life, all the best with your claims. will be following you to the winners enclosure, no doubt, Happy claiming
Read read and read some more

hiya REMUS ,
Thanks for the Compliment Remus, I have this morning received from court,[2] Judgement orders for my Sons, as I have dealt with their claims as well, C is my oldest lad 25 in Oct,YB customer reclaim for £2008, this includes stat interest 8%, and then I have a younger Son 22, who I have also made a claim for the amount on this one is £1,967 this also includes 8% interest, plus the £220 court fees. I took all [3] aq's back to Court on the same day filled each one in the same just different claim no's, used jonni2 bads template for this , I was granted remission on the costs due to benefits, I have stated on my sons N1 claim form that I was acting in Litigation for my sons claims and signed the N1 form as having full authority over their claim as a Litigation friend. On the AQ form I have put myself down in the witness box on both their forms which they have both signed and which I then countersigned, all [3] AQ's were handed in 22/06/07,
my judgement order dated 27/6/07 came back giving me 21 days to supply Court bundles and then gave the defendant 21 days from then to comply the same, giving a date of 7/8/07 for complying with the order, failure to comply by both parties will strike their order out, Court date set Aug 21st @2pm, but on opening their letters I have found that the same Judge has ordered that :

1] Mrs y, cannot act for Mr C who must sign the Claim form and all other Court Documents.

2] The Claim is Stayed for Month to enable the Court to remedy these matters.

3] The Claim is Stayed until July 27th 2007, the stay will expire on 10 August 2007.
dated 27th June 2007 claim no: Correct , date in right hand top corner box 4th July 2007. Claimant ; C A .

but the 2nd letter which states exactly the same as above with the claim no being different but at [1] states C.A. and Not C. so will have to phone court on monday about this mistake and also to ask what the letter means. I think the mistake has happened because [1st claim] C.A., [2nd] claim C. , have read somewhere on the forum about a STAY, so will have to find it again, and read through it, but will still contact court for explanation as to why I cannot litigate for my sons, and the name difference.[ thats them sorted then].
Have decided to get cracking on the Court Bundle I have got to do and post before 17/07/07, so am gonna get cracking so I can post "Friday 13th" that gives the YB until 7th August to comply the same, or to settle as Court date is 2wks after the 7th.
Have just finished another S.A.R - (Subject access request) request from YB for statements from 1995-2001 for 2nd reclaim, have also received a stalling letter from HSBC this morning as I requested they put back the £986 taken from my bank since June 06- June 07 as these charges have been ILLEGALLY taken from my benefits, I gave them 5 days to comply , letter dated 25th June, ignored me completely as return letter came this morning asking for details,which they have already got and I have sent in the first letter lba being done tonight 7 days given or else.
Well I have got to fill the days up somehow !!!!!LOL LOL LOL "WATCH MY THREADS" junkimunki xx

I think the letters from the court mean that your sons should have signed the N1's themselves, but you will still be able to act as a litigation friend for them at court should it come to it. You cannot just sign paperwork for them. The stay is so that the paperwork can be put right.