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Yorkshire Bank Repossesion - Urgent Help Needed


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Hi Everyone,

 

I had papers served by Yorkshire Bank in may 2008, i have been successful in defending the case at the hearings up until now. There was a case management hearing in december which was vacated as we agreed the following directions.

 

1 - Both parties shall exchange a list of documents by 08 Jan.

2 - Any request for inspection of disclosed documents shall be made and provided by 22 Jan.

3 - Witness Evidence shall be served by the 15 Feb.

 

Am i right in asuming for number 1 i have to submit form N265 with a list of documents which are relevant to my case, the opposing case, or may assist the opposing side.

 

The only information I wish to rely on are my statements and written accounts and a letter sent from cyldesdale customer engage team - which actually contridicts the claim. The only other information i have has been supplied by the claimant. Do i have to send information which will already be in their possession?? or already submitted as evidence??

 

Number two i assume is when i recieve their list i can view / recieve any documents by 22nd Jan.

 

The third is a written statement from any person i wish to rely upon.

 

I am defending the case on mis-representation and if anybody needs copies of any of the following please let me know.

 

- Particulars of Claim

- Defence and Counterclaim

- Reply to defence and counterclaim

- Part 18 Request

- Reply to part 18 Request

 

Thanks in Advance!

David

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Is this in the County Court?

 

You don't need a form. Just supply a list of all docs which are not protected by privilege and which are in your possession.

 

Is this repossession caused by a loan or martgage or by a debt comprising of charges?

 

When you say that you are defending on misrep. Do you mean that you are raising the issue of misrep as your defence or you are being sued for it?

 

What is the misrep?

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Yes this is in the county court.

 

The repossession is the result of a mortgage/bridging loan/secured overdraft (all three terms have been used) and non repayment (which is disputed they are entitled to at this point).

 

We are defending on grounds of mis-representation. The mis representation is as follows:

 

When the agreement was origionally setup the bank verbally agreed to roll up the interest on the mortgage until the sale of the property (there was no sale pending, but on the advice of the estate agent it should sell quick (in the halcyon days of the property boom)).

 

The bank set up an agreement stating nil payment would be required with a credit limit - when questioned they said the limit would be increased as required (this was done on three occasions). After 12 months the bank claimed the agreement ended and there is a clause in the written agreement stating 12 months, in the origional meeting we were told this was standard practice and agreement would be renewed until the sale (hence the reason for signing). There is also a statement in the agreement suggesting it would run until the sale of the property.

 

The bank refused to renew the agreement and therefore the account went into arrears (in their opinion) and they demand payment in full as per default on the agreement.

 

We are claiming the contract was mis represented as if the contract was explained to have required a monthly payment of interest, the household income wouldn't have covered the full amount (let alone leave money to live on), and i could not have entered into the agreement.

 

____________

 

What do you mean by not protected by priveledge??

 

The only documents I have which are of any interest are:

a) My Annual accounts showing that the contract could not be financially fulfilled.

b) A letter from the banks customer engagement team - which was received after the claim but contridicts the particulars of claim.

c) And the witness statement submitted by myself (to be done on by 15 Feb).

d) The contracts which the bank have already submitted as evidence by the banks.

 

The information i would like to see from the bank is clearly the attendance notes held by them to see if they support my arguement.

 

Thanks

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