Murphy v Yorkshire Bank

[murphy55]

Hi - HELP

 

The letter I received is a '' Notice Of Transfer of Proceedings'' It reads

 

To All Parties

 

A defence to this claim has been filed.

 

The calim has been tarnsfered to the Court covering the area where the Claiment lives or carreis on business.

 

All further communication should be addressed to:

 

The Court Manger

Dewsbury County Court...etc

 

THEN THERE IS ANOTHER SHEET STAPELED TO THIS

 

Court Code 186

 

IT IS ORDERED THAT:-

 

1. The filing of an allocation question be dispensed with in this case unless the District Judge at the Court transfer orders otherwise.

 

Note: Any party affected by this order may under Rule 3.5(5) apply to have it set aside, varied or stayed. Such a party must apply under rule 23.3 within 14 days of service of this order.

 

Please note that an allocartion fee may be payable in this instance. Please contact the Court of transfer for further details.

 

THEN THERE IS THEIR DEFENCE STAPLED TO THE LETTER NO AQ...WHAT DO I NEED TO DO. LETTER DATED 27 APRIL 2007

THANKS....:o

[sajabu2003]

Take a look at this thread....

 

Is your court dispensing with the Allocation Questionnaire?

 

Sarah.

[murphy55]

Hi All

 

I am just filling nin my AQ, and I am usure what I put in section G, I have looked at the link on the site and I am still confused...

 

Can anyone advice, also do I need to send any other docs with the AQ

 

Thanks

[caro]

Draft directions is a must IMO. This should get it sorted for you. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[murphy55]

Hi Thanks Caro

 

But I still very conussed, I have done my letter for ''ORDER OF DIRECTIONS''..Got that bit.

 

Its this bit that is confusing me.

 

We recommend that include a request for the Judge to order a form of 'basic' disclosure from the bank. Many courts have now started to issue these, so the request is likely to have been seen by your Judge before.

 

A small note explaining its intended use would help ?. Do not make this too lengthy, just explain that it has been attached for consideration and you believe it will bring a speedy end to Litigation. State that it was devised by the Mercantile Courts for a similar case.

 

Do I need to write anything on the form for section G ''Other Information'' or do I just attach the ''Order Of Directins'' letter.........:?

 

THANKS

[murphy55]

Hi

 

Can anyone advise on the above post, I'm really struggling with my AQ, I need to hand it in tomorrow and I am stick on the ''OTHER INFORMATION'' bit

 

THANKS..........

[Pheobe Buffet]

Hi

Im in the same boat!

Ive read 1000 times the filling in the AQ link but its the directiosn and any other info part im stuck on!

Plus think ive put the wrong amount in the claim (ive inc, all interest!)

 

I hope youve managed yours ok, and if so - let me know what you put!

 

Good luck and hope you hear something very soon!

 

Claire

[murphy55]

Hi

I sent my AQ in on the 18th June along with the letter for Directions.

In the xxxxxx County Court

Claim number xxxxxxx

 

 

Between

 

Murphy - Claimant

and

Yorkshire Bank - Defendant

 

Order for Directions

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

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

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's 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 loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was 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;

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

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

Should I have sent in to the Courts and Bank my Schedule of charges and copies of my Bank Statements within 14 days.

 

Tomorrow would be the last day.

Please can anyone advise I am really struggling to get my head around the process.

Thanks.......

[murphy55]

Hi

 

Can anyone please advise on the above post, I have a feeling I have missed something out and I cant afford to loose this.

 

Any advice anyone please........

 

Thanks

[murphy55]

:-o

 

 

Hi

 

Can anyone advise on my last post I am really struggling the AQ process, Read link, what do I need to do now.

 

Thasnks

[caro]

a) Send your schedule of charges.

 

b) Send copies of the statements showing the charges.

 

c) Statement of evidence http://www.consumeractiongroup.co.uk/forum/lloyds-bank/82148-got-court-date-important.html

 

d) Court bundle from the Bank Templates Library. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html If you email me at [email protected] I'll send you the info on CYNthesys.

 

You have a busy night ahead of you, although I believe the court is open until 4.00 pm.

[murphy55]

Hi Caro

 

Thanks once again, I submitted my aq 18th June, Hope it is not too late to send my papaer work. I will take to the Court tomorrow before I go to work.

 

Do I need to send the same paper work to the Bank aswell?

 

Thanks.

[murphy55]

Hi

 

I have put my Bundle together, But I do not have the Banks TOE. My husband opened the account over 25yrs ago.

 

He closed the account 3yrs ago because of charges.

 

What should I do?

 

I need to send my bundle today.

 

Thnaks

[murphy55]

Hi

 

Can anyone advise of the above post regarding TOE.

 

Thanks

[caro]

Send the bundle without. You can always add them later if you can get them, but the chances are that YB will settle before court anyway.

[murphy55]

Hi Caro

 

I have got my PRELIMINARY HEARING court date for 30th August (what does this mean)?

 

I had already submitted my bundle before I got my Court Date, do I need to submitt any thing else?

 

Thanks xxx

[caro]

Oops, I thinkI may have accidentally advised you incorrectly. I think I thought that the draft directions you posted earlier in the thread were actual directions from the court. Your bundle wasn't needed yet.

 

I think the preliminary hearing may be to decide on whether to accept the draft directions. Please can you post exactly what the letter from the court says so we can try and work it out.

[murphy55]

Hi Caro - The letter is from the Court and reads as.

 

 

TAKE NOTICE that the PRELIMINARY HEARING will take place on 30 August 2007 at 11.00am

 

at Dewsbury County Court........Address...etc.

 

When you should attend

 

 

 

THATS ALL IT SAYS.

[murphy55]

Hi All

 

Well it has been a very long time as this is the first time I have been able to log on, I changed my computer and lost all the links I had. When I tried to log on direct from the site - would not let me. Only managed to log on as someone posted on the site and it sent me a link,,, anyway back on know.

 

My current situation is I was a week away from my Court Date, when the Courts decided to put a hold on everything....dam... My Court date was for the 30th August 2007.

 

Can anyone advise what I am to do next....has anything happened with the Courts?

 

Thanks All ..... Good to be Back ....

 

Murphy

[caro]

Good to see you back Murphy. At the moment there still hasn't been a decision from the test case, and the latest is that it's likely to be July. Safe bet that there will then be appeals. Check your paperwork from the court to check how long your stay is for, or phone the court, but frankly I don't really think anything will happen for a while.

[murphy55]

Hi.

 

I had a prliminary hearing dated 30th August 2007 and the court stayed it.... I have not heard anything since... What do I do now?

 

Regards.

 

Murphy

[caro]

Unless you can convince the bank that you're suffering hardship, ie facing repossession, lost job, or similar, you're unlikely to be able to do anything. The banks are trying to appeal the OFT case so cases are still stayed I'm afraid.

[murphy55]

Hi Caro

 

Thanks, Yes I am in arrears on my Morgage due to looseing my job back in December. I have letters to prove this and talks of reposession. I dont think it is hard for me to prove I am suffering from HARDSHIP. What do I do know? Is there a template letter to send to the Court requesting they lift my STAY?. Thanks for your help. xx

[caro]

To be honest the courts have rarely dealt with ANY hardship claims. Your best bet would be to write directly to the bank and just ask for the charges back.

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/117-letter-for-an-application-for-consideration-for-hardship.html

 

I don't think it would hurt to attach copies of anything proving your hardship.

[murphy55]

Hi Caro,

 

I have drafted the letter to the Bank. Would I be correct in stateing that I am willing to accept an offer WITHOUT the recent Interest applied...ie: The origanl amount submitted to Court and not add the interest which has accumulated over the past 18months? The bank sent me a check for £560 and I returned it. The amount claiming is £1,600.