Robinson way Court Claimform - old Yorkshire bank credit card

[lickthewallfatboy]

I'm afraid they ignore it in the almost certain knowledge that a LIP cannot afford either the time or the money to appeal

 

how can they just get away with ignoring it?

 

this is the much-vaunted British justice system at work,then?

 

unreal

[paulwlton]

Their solicitor claimed the terms and conditions were on the back of the application. I quickly informed the judge that this was not the case as they were current t&cs. However, the judge stated that the original terms and conditions from 1996 would have been sent with the application.

 

Furthermore, the Judge dropped a huge clanger, she read the declaration out which confirmed that the debtor had agreed to the Yorkshire Bank conditions of use set out overleaf. However, the conditions of use

DO NOT contain any prescribed terms and in any event the terms would have been contained in a seperate document as it was admitted nothing was on the back of the application.

 

Paul

Edited July 15, 2009 by paulwlton

[lickthewallfatboy]

I'm not au fait with the English system Paul,but PT will I'm sure be able to advise on the way forward

[JonCris]

Their solicitor claimed the terms and conditions were on the back of the application. I quickly informed the judge that this was not the case as they were current t&cs. However, the judge stated that the original terms and conditions from 1996 would have been sent with the application.

 

Furthermore, the Judge dropped a huge clanger, she read the declaration out which confirmed that the debtor had agreed to the Yorkshire Bank conditions of use set out overleaf. However, the conditions of use

DO NOT contain any prescribed terms and in any event the terms would have been contained in a seperate document as it was admitted nothing was on the back of the application.

 

Paul

 

I have to say Judge sounds like a bit of a Wally-ess - Relax have a drink then decide your next move ........... which I hope will be to appeal this appalling, wrong headed & perverse finding

[angry cat]

I have to say Judge sounds like a bit of a Wally-ess - Relax have a drink then decide your next move ........... which I hope will be to appeal this appalling, wrong headed & perverse finding

 

Totally agree JonCris.

 

PW, Revenge is best served up on a cold plate;

you must appeal this, somehow!

 

AC

[paulwlton]

I have to say Judge sounds like a bit of a Wally-ess - Relax have a drink then decide your next move ........... which I hope will be to appeal this appalling, wrong headed & perverse finding

 

Agreed.

[Lapchien66]

subbing

[noomill060]

paulwilton -you have my support as well. You have 28 days to apply for this nonsense to be setaside on the grounds that the judgement is legally flawed. Go get em.

[paulwlton]

paulwilton -you have my support as well. You have 28 days to apply for this nonsense to be setaside on the grounds that the judgement is legally flawed. Go get em.

 

I believe the time limit is 14 days.

 

I have spoken with a lawyer and hope to hear something shortly.

Edited July 18, 2009 by paulwlton

[sillygirl1]

I think I would also complain about the judge not knowing the case law.. definately appeal and ask for a set aside, and maybe you should state that it is and always has been your intention to continue to pay what you legally owe and you have been paying this company back over the years, I would add a list of all the payments you have made against this debt and use it as the first schedule document in your appeal.

[noomill060]

It may be an idea to work out how much of the principal you have paid.

 

On each statement subtract the amount of your payment from you actually spent (not including the interest and charges added)

 

In equity, they are entitled to it back, but of course we all know that you pay this off every month. The largest part of the alleged "credit balance" will be interest and charges which they havent been able to show that you ever agreed to pay, nor that the charges and interest levied thereon were lawful.

 

You know this already, of course but it may be useful to show that you did indeed pay back what you borrowed, the apparantly outstanding amount is made up of:

 

1) interest levied which there is no legal obligation for you to pay (no CCA)

 

and

 

2) unenforceable charges and interest unlawfully levied thereon.

 

Of course you and I and they are well aware of this, but the judge may be unaware that you have repaid every penny you actually borrowed.

[creditcardmug]

It may be an idea to work out how much of the principal you have paid.

 

On each statement subtract the amount of your payment from you actually spent (not including the interest and charges added)

 

In equity, they are entitled to it back, but of course we all know that you pay this off every month. The largest part of the alleged "credit balance" will be interest and charges which they havent been able to show that you ever agreed to pay, nor that the charges and interest levied thereon were lawful.

 

You know this already, of course but it may be useful to show that you did indeed pay back what you borrowed, the apparantly outstanding amount is made up of:

 

1) interest levied which there is no legal obligation for you to pay (no CCA)

 

and

 

2) unenforceable charges and interest unlawfully levied thereon.

 

Of course you and I and they are well aware of this, but the judge may be unaware that you have repaid every penny you actually borrowed.

 

Couldn't agree more with that...i must say im gobsmacked with the judgement, just dont have words at the moment:confused:

[paulwlton]

This was enforced!

 

 

 

[cerberusalert]

Was she on drugs or does she need a massive dose of HRT?

[lickthewallfatboy]

that's a joke

 

was she on her monthly bad week?If she can't make rational decisions,she shouldn't be doing the job

[paulwlton]

Was she on drugs or does she need a massive dose of HRT?

 

The solicitor even admitted that Yorkshire Bank had lied regarding the conditions being on the back of the application....Discraceful.

[Sparkie1723]

Unbelievable.......Was the Judges name " MRS ROBINSON" by any chance!!!

 

Time for appealing is 21 days.......but even then you can still make an appeal "out of time" if you are deemed to have a STRONG sound case...an application to set aside is just as good as an actual appeal to the High Court.

 

sparkie

[Needabreak]

Subbing

[Huff&Puff]

What I'd like to know is if there is any comeback on these judges after their idiot decisions are overturned? And I can't see how it could ever be upheld on appeal, given that there is case law from the House of Lords, as well as the CCA 1974 being statute law. I sincerely hope that when cases are overturned on appeal, the original judge does at least get told, in the hope that they may learn.

[Dipply75]

Subbing amd best of luck on your next move Paul. That was a disgustubg outcome and totally unjustified.

 

It is particularly galling when a judge actually ignores the legal facts, shoes a bias to one party and bases a judgement on nonsense...just makes a mockery

[UnitedFront]

This was a classic example of Judges getting involved in the politics of a case!!! It is imperitive that judges always remainimpartial and make decision based on the LAW and not what their moral or political viewpoints are!!

 

Shame on this Judge!! Really I feel that these Judges should be quite severely punished - if not removed completely!! Having had binding precedent from the House of Lords brought to their attention, to just ignore it is not only unnacceptible, but it goes against the entire fabric and working of the judiciary!!

 

And then for the stuck up so and so to refuse leave to appeal on the grounds of little chance of success............. WELL THE HOUSE OF LORDS DIDN'T THINK THEIR WAS LITTLE CHANCE OF SUCCESS IN WILSON, DID THEY JUDGEY!!!!!!!!

 

^^ Rant over, but it really does make me angry!!!!!

 

Best of luck on your appeal mate!!!

 

UF

[straftat]

subbing

 

any update on this one paul ?

[paulwlton]

subbing

 

any update on this one paul ?

 

Unfortunately the Defendant had a mental breakdown whilst an appeal was being arranged.