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    • You haven't returned to the thread to give us your views, but a couple of other things strike me which you should consider: 1. You say that at no time was your father's licence revoked by the DVLA. It didn't have to be revoked. It expired in September and his "entitlement to drive" (of which the licence provides proof) expired along with it. He could only continue driving whilst his application was being processed by virtue of s88, and it seems clear to me (based on what you have said) that he was not able to take advantage of the benefits provided by that section. 2. The letter he received threatening to revoke his licence was probably a template letter sent when any medical issues are brought to the attention of the DVLA. But it is clear that beyond September until it was eventually renewed, your father had no valid licence to be revoked. I believe a "not guilty" plea in court will fail. The basic facts are that your father's licence expired in September, it was not renewed until February because the DVLA were looking into his medical declaration and he could not take advantage of s88. So in December he had no licence and no entitlement to drive under s88. The facts that he believed he was fit to drive and that his licence was eventually renewed may mitigate the offence but they do not provide a defence. I also asked whether he had received a summons (very unusual these days) or whether he had received a "Single Justice Procedure Notice". The way to proceed from here differs slightly depending on what he has received so if you let me know, I'll advise further.  
    • Well, what I've read from various sources suggest if a CCJ is 6 years old that if becomes pretty much ineffective for enforcement purposes in its original form.  And that if it's about to expire then the claimant needs to apply to the court to extend the original CCJ within the final year.  Even if they do apply for an extension within the 6 years they have to have a very strong argument for doing so such as the person being out of the country or could not be traced, basically show they were actively still perusing the debt I guess. Now if a claimant ever does apply within the 6 years to extend the CCJ, would the person named on if be notified by the court that such an application has been made?.  In my case I've heard nothing from the court so assume no such application has been made.  The original CCJ in my own case is now a year beyond the 6 years of issue so must now make things even less likely again. So whilst the CCJ exists that they have not enforced it in that time must surely make it unlikely they can now take it back to court because as said it would be very rare for a judge to agree to such action now. That said, I guess they now can't use the CCJ to continue with any action for an attachment order to our mortgage either?
    • Donald Trump now banned from countries including Canada and UK as convicted felon WWW.INDEPENDENT.CO.UK There are 37 countries that bar felons from entering, even to visit.  
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sajabu2003 v Yorkshire Bank ***WON***


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Believe me I'm trying my hardest to get it for you and everyone. I do have some additional things, but they are no use without the CYNthesys info which I don't have, although I know a very overworked man or even two, who do.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Right my court bundle is ready to go in the post to Ms Ross tomorrow and also being handed in at the court. Just need to print off latest schedule of charges and witness statement. I think that's everything now.

 

Any news on CYNthesys information? :rolleyes: Don't worry this will be the last time that I ask :D No doubt others will though lol.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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Quick question... In YB's defence it says

The charges were a fee for the service provided by the Bank to the Claimant in extending facilities to him, all as envisaged by the agreement in place between the Bank and Claimant. Further and in any event, the Charges were a genuine pre-estimate of cost resulting from the Customers' failure to keep within the agreed overdraft limit on the account.

 

Which statement of evidence do I use? The 'SERVICE CHARGE' or 'GENUINE PRE-ESTIMATE' :confused: I'm sooooooooooooo confused and running out of steam now.

 

Can't wait to get this stuff posted out tomorrow and then I have only 15 days left until court.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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I would have thought the genuine pre-estimate as it says "in any event". I've got a similar dilemma. I know what you mean about running out of steam and being confused and everyone seems to have deserted us!!!! TBH people must be getting fed up with the same old questions being asked but I have tried searching the threads for different things and there is SO MUCH to trawl through that a) I run out of time (seemed to be all day on my court bundle yesterday and still more to do) and b) get more and more confused. Thanks again for your help yesterday.

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Yeah I thought that and then started questioning myself as it also mentions the charges being a fee for a service. I always search the YB threads and sometimes other bank forums on here as you can normally find the answer somewhere but this has got me stumped. I've sent a private message to a moderator so hopefully they might have the time to offer me some advice. You're welcome about the help yesterday :D I do try to offer as much advice as possible on here as I know that there's always someone here to help me.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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Hello sweetheart.

 

Not that it helps but when I got mine together I chose the "genuine pre-estimate". This wasn't on the advice of any mod, just did "ip-dip"

 

I'm really rooting for you now. This has gone on far longer than it needed to. You must be getting some money soon. I'll keep checking in on you.

Prelim letter sent - 29/12/06

'Go away' letter recieved 05/01/07

LBA (7 day to sort it) letter sent - 05/01/07

'Will look in to' received - 10/01/07

Claim submitted - 16/01/07

Date of hearing set for 21/05/07

Offer of charges plus costs rejected - 17/04/07

Offer of charges,interest,costs accepted - 25/04/07

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Hahahaha I nearly just wet myself @ the "ip-dip" bit :lol: I'm currently sat here reading through both statements and still none the wiser. I sent GaryH a private message but I don't think he's on here again until this evening which isn't really any good to me. I'm hoping a mod will spot this and be able to give me some advice and failing that I think I'll be playing "ip-dip" lol :rolleyes:

 

Hope you're well and the studying is going to plan.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

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Hi, I am at the same stage and waiting for an answer re the statement of evidence. I thought that the pre-estimate one was most applicable but I am also getting confused with all this reading. If anyone does manage to get the T & C's can you post here. One final question is anyone using the information regarding CYNTHESYS in their bundle

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Hi Sarah, I'm afraid I've failed miserably to get you anything. I suggest that for now you include BankFodders description of CYNthesys in your bundle, and I will continue my efforts to get something more concrete for you should you get to court. If I succeed you could always send it later with a covering letter to explain that you have only just got it but believe it to be relevant. This is what I think you should use for now, and if you use thread tools you can get a printable version. I think it could be enough for a judge to ask the bank for more information, and the fact that it has gone to an MP lends credibility.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/78681-clydesdale-yorkshire-northern-system.html

 

Maybe Andrew George MP's press release could be included too.

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-690529.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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caro you are a star :D I've decided which statement of evidence I'm going to use and it's all printed off with the relevant documents to support it. I shall also add this to my court bundle {{{HUGS}}}

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

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Thank you. {{{HUGS}}} back.:D

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Sarah, if it isn't too late I have just been sent an email with the info you need. Hallelujah!!!!!!!!

 

I need to look at it first and go over it with Robertxc, which won't be until later tonight, but should be able to let you have it later tonight or tomorrow. Can you email me at [email protected] so I have an email address for you.

 

I imagine we will be sorting it for others shortly too, so please just be patient a little longer if you can please folks.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'll email you in a sec :D I need to hand my bundle in by close of court tomorrow so I'll wait and see if Robertxc and yourself manage to find the time to send me something by the morning. If you can't then not to worry, I do understand that all of us have real lives outside this site lol.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

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Have a look at this thread... New strategy for Allocation Questionaires Post #55. You'll need to read through the defence that YB sent to you and decide which statement fits your claim.

 

Hope that helps a bit.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

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Sarah,

Just been 'trying' to make sense of all your posts, you sure have got your hands full havent you!? Sounds like the help and support on here have been really good - as per usual.

 

Think that will be me soon - I have until nxt week for YB to make a move.....

 

Good luck - got everything crossed for you!

Claire x

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:rolleyes: Guess not lol. I've printed mine off now anyway and it's going in the post this afternoon and being handed into the court :D

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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