How long to go until court?

[davew85]

My moneyclaim against Yorkshire Bank shows acknowledged on 4th July and they intend to defend. What date do they need to offer a defense by before I win by default?

[norvernrob]

My moneyclaim against Yorkshire Bank shows acknowledged on 4th July and they intend to defend. What date do they need to offer a defense by before I win by default?

 

By the looks of the other claims, they are submitting defences for them. You (and me!) will probably have to fill in the AQ, pay out some more money, then wait for them to waste some more court time before they finally pay out.

[davew85]

I thought you only paid out for the AQ if your claim was over £1500 ?

[norvernrob]

Sorry, my fault - forgot about the AQ fee only applying over £1500!

[davew85]

sorry - didnt think the background to my case was relavent to the question I asked

[davew85]

point taken - no problem

[davew85]

Well I thought I was going to win by default but with 2 days to go they have entered a defence - cant wait to see it.

Now I know they are just stalling its really annoying me. The thing they dont understand is that my account (which I'm going to close) is very healthy now as I'm back working and I'm not desperate for this money (unlike I was edit). That means I want my day in court and unless they cough up every last penny thats what I will get - they had their chance.

 

Please do not use libellous claims that could cause problems for the site.

[caro]

If you end up in court I will eat my hat. You will get your money, but probably not any time soon.

[davew85]

Just returned my Allocation Questionnaire so its just a case of sitting tight now and waiting to see what happens

[caro]

Did they just do a defence or have they put in a counterclaim as well?

[davew85]

No they havent mentioned counterclaiming - or will that come later?

[rachel2609]

Possibly may come later, we got wind of the counterclaim weeks after the original defence was sent, or perhaps they have realised that that tac-tic wont wash either!!

 

Rachel

[davew85]

Well if and when I hear I'll update everyone

[caro]

My counterclaim was added on to the document with the defence which was only the other week, which is why I ask. I had not heard of them doing it before and thought this may be their new "weapon", but it seems they haven't used it on you.

 

We will have to wait and see what they do next.

 

Am I bovvered?

[davew85]

Just to keep you all informed I rang my local court up and they have confirmed that they have recieved my allocation questionnaire. I suppose its getting nearer but slowly - anyone else got this far?

[caro]

I need to get my AQ in by Monday, but there are plenty of people further down the path. Don't hold your breath, you probably still have a wait for your bank charges.

[davew85]

Just recieved my copy of Yorkshire Banks AQ. In it they are asking for the claim to be postponed for one month so that somehow both parties can attempt to settle the claim by informal discussion? Are they really going to try to resolve it informally within a month? If not how can I tell the courts this is a waste of time and these routes have already been exhausted.

In addition they are intending to present 2 witnesses when it goes to court - that should be interesting !

[norvernrob]

Never mind Tony Blairs education, education, education, Yorkshire Bank work on their 3 I's - Indimidation, Intimidation, Intimidation That's what the 2 witnesses thing is all about. Try and scare you into submission - they've tried the same in another case by trying to get it moved to multi-track.

 

One thing about my defence did interest me - they state their charges are a genuine pre-estimate of loss, which is ridiculous - how the hell do they think they are going to get away with that?

 

I'm hoping the judge accepts my request for disclosure, but surely they would have to disclose their costs anyway, as they have made it a large part of their defence.

 

They are trying to delay your case by another month because that's them all over - try and drag it out as long as possible, intimidate as much as possible in the hope that people give up. I would write to the court and ask the the postponement be rejected, as you have given them every chance to come to an agreement before court action, that an organisation of their size with their own legal teams and huge amounts of manpower should not need this amount of time. Also mention the amount of cases that have not gone to court, that the banks simply settle every time and that you believe the claim will be ended very quickly once you are allocated a court date.

 

I do believe they picked the wrong people to mess about, I don't see anyone on this forum giving up!

[davew85]

Will the court ask me if I agree to a postponement? The Yorkshire Bank can try what they like I'm not going away. Now I'm annoyed its not just about money.

[turt77]

Probably not. I think you can write to them and object though.

 

You're spot on though. It's not just about money anymore. They can wriggle and squirm all they like but they can't get off the hook.

[bigz]

Just recieved my copy of Yorkshire Banks AQ. In it they are asking for the claim to be postponed for one month so that somehow both parties can attempt to settle the claim by informal discussion? Are they really going to try to resolve it informally within a month? If not how can I tell the courts this is a waste of time and these routes have already been exhausted.

In addition they are intending to present 2 witnesses when it goes to court - that should be interesting !

 

 

SNAP. It seems they are trying to intimadate everyone with these 2 witnesses. Their going to have to do a hell of a lot of travelling, if they really do intend to defend all these cases.