beatsurrender v yorkshire bank**WON**

[JulesTools]

Hi Beatsurrender

This sounds very familiar to my case , YB decided I had cashed the cheque (even after I sent them a letter refusing their offer of a full settlement and still to this day having the cheque in my possession) , it sounds like another attempt to get the judge to strike the case out due to some dubious reason from the YB Legal Team( I use the title loosely as incompitent Di***eads is more apt)

 

Michael sorry I think you misread the last post....... It is the YB that hasn`t returned their AQ ,according to Beatsurrender he sent his in December 1st

 

Contact the court as soon as you can and ask for an update . Don`t assume that if the YB doesn`t enter an AQ by the 2nd you have it nailed .The courts have been pretty flexible on deadlines , much to everyones disgust, so don`t book that holiday to Barbados yet(or the fiesta Caro;))

 

Keep us informed

Jules

[beatsurrender]

hi everyone i rang the court to today to see if the yorkshire

+ankers have filed their questionaire the good lady said not yet that was at 2 pm courts were closed at 4 after i got home what do i need to do sit and wait i notice that jules says contact the court which i will do tommor 9 pm what happens if they strike out ? i beat the halifax im not lettin these lot get away with all my hard work i put in were do i go from here ?

[beatsurrender]

letter from court arrived judgement by default sayin they have not replied to the claim form does this mean i win by default or do they have any more tricks up there sleeves ? not bothered if they have as i set my heart on em turnin up in court and giving them a nice surprise !

[beatsurrender]

letter recieved today saying i refer to the the above claim that you have raised against the bank in which judgement in default has been entered . we are makin an application to set aside the judgement . judgement in default came to be entered because of an administrative error within the bank .

in order to save the courts time and minimise the costs of the court listing the matter for a hearing , please confirm by fri the 12th jan that you will consent to judgement being set aside .

please note that we will refer the court to this correspondence should you refuse to provide your consent .

you should take independent legal advice or contact your local cab if you are unclear on any terms on this letter .

 

so what is the next step i take i think they had long enuff to find this so called admin error are they just playin for time ?

[zebbydog]

They made an error and now they want to you to help em out of it! The arrogance and cheek of this bunch is unbelievable.If it was me I would ask for payment in full immediately or you will insist the judgement is enforced and they can have a CCJ recorded against them.They had time to defend and through their own incompetence they failed.Sorry they missed the deadline,but thats the rules of the game.They lose

[livelylad]

letter recieved today saying i refer to the the above claim that you have raised against the bank in which judgement in default has been entered . we are makin an application to set aside the judgement . judgement in default came to be entered because of an administrative error within the bank .

in order to save the courts time and minimise the costs of the court listing the matter for a hearing , please confirm by fri the 12th jan that you will consent to judgement being set aside .

please note that we will refer the court to this correspondence should you refuse to provide your consent .

you should take independent legal advice or contact your local cab if you are unclear on any terms on this letter .

 

so what is the next step i take i think they had long enuff to find this so called admin error are they just playin for time ?

 

 

As I understand it you will need a good reason not to agree. The courts try to resolve in court rather than a default judgement. We both know it wont see the inside of a court. They are abusing the system, however my advice is to agree to the request if you dont they will apply to the judge who will more than likely grant the set aside.

[beatsurrender]

are there any letters i could type up to make them realise they had long enuff to settle this ? If it was me I would ask for payment in full immediately or you will insist the judgement is enforced and they can have a CCJ recorded against them.They had time to defend and through their own incompetence they failed. how can i make this sound less threatening ?

[zebbydog]

Sadly it seems that threats are the only things that this bunch seem to understand.One thing they wont like is bad publicity.I cant see the point in having judgement by default if the banks can just ignore it or have it set aside.To add insult to injury they want you to help them out as well.The only way I would agree is if they settle the claim.

[zootscoot]

If you disagree to the set aside they will apply to the court and will get one. The difficulty here is that if you do disagree it can take months before the makes its decision and they will therefore drag things out even longer. The best thing to do is agree as this will resolve things quicker and demonstrate to the court that you are acting reasonably.

 

I know its perhaps not the course you wanted to take, but it will work better for you in the long run.

 

All the best

 

Zoot

[beatsurrender]

ok thanx zoot i will type something up on the lines of i will accept to consent to judegment being set aside x thanx for ya help

[beatsurrender]

today recieved a hearing for the 22nd feb at 3-15 at mansfield court . is this the final hurdle i want to face them in court and let them explain their actions to the judge . i have all the relevant paperwork but was wondering if i needed to ask any specific question s any help would be greatly appreciated i come this far no turning back now .

[zootscoot]

Hi Beat,

 

Is this the full hearing or a setaside hearing?

 

Do you have any directions from the court? (eg dates by which evidence/ witness statements/ documents need be submitted)

[beatsurrender]

its the set aside hearing i have all my letters i sent to the banks just need to make copies

[moss]

Does the court want you to send your court bundles, I wonder why there is a hearing, in the past YB has got a set aside on judgment by default on mandatory grounds so no need for litigants to attend a hearing.

[beatsurrender]

just read on the small print i noticed it says how do you wish to have your application dealt with the yorkshire have ticked the box without a hearing but when i rang the court they said there will be a hearing ?

[moss]

So YB have applied for a set aside without a hearing and the court have decided to have a hearing before granting the application, what else does it say on your paper work and have you got to send in your court bundle. Sound to me that just lately the courts are taking a harder line with the banks. Perhaps a Mod will have some thoughts on this.

 

Regards Moss

[beatsurrender]

recieved letter today saying yorkshire have today 29-01-07 filed an application to set aside judgemnt offering me my charges and my court costs but no interest which totals 521£ and my 8% from 1st nov 2006 totalling 92£ so all together 613£ short of what i require any letters i can send to say thanks but no thanks i require the full amount ?

 

it states that this offer is in full and final settlement any liability for tax on the interest awarded is included within the sum offered , and you are oblidged to account to HMRC direct for any tax due ?

[moss]

Hi, i sent this adapt it to suit

Ms K Ross

Legal Services

40 St. Vincent Place

Glasgow

G1 2HL

Dear Ms Ross

 

Thank you for your recent letter dated 2xxth Jan, offering £xxxxx.xx. I must inform you that I do not find this offer acceptable,

As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty. Penalty charges are irrecoverable at common law.

In my original letters I informed you that I would start legal proceedings within 14 days if you did not respond positively and as a claim in the county court is now underway interest pursuant to S69 of the county courts act 1984 at the rate of 8% per annum totalling £xxx has been added and also interest at the same rate up to the date of judgment at a daily rate of xx pence bringing the sum claimed as of today to £xxxx

I would be willing to withdraw my claim upon receipt of an unconditional full settlement of my claim and will notify the court accordingly at that time.

To stop any further costs being incurred it is in your best interest to refund in full the balance to date forthwith.

Yours Faithfully.

Beatsurrender

[moss]

They will probably make a full offer before the hearing but just in case they don't have you got to send in your court bundle.

[zootscoot]

With regards to the taxation part I'm pretty sure we obtained confirmation from the Inland Revenue that interest would not attract income tax. I'll get confirmation on this.

[beatsurrender]

yes i think i have do i just send all the correspondence that i have had during this fiasco statements letters etc

[beatsurrender]

thanks for that moss

[zootscoot]

For the court bundle see here:

 

www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html#post257960

[beatsurrender]

Upon the parties having agreed terms of settlement set forth in the schedule attached here to

 

By Consent

 

It is ordered that:

 

1 The judgment dated 15th December 2006 in the sum of £+++ against defendant is set aside

 

2 The defendants application dated 4th January 2007 to set aside the judgement is withdrawn

 

3 All further proceedings in this action to be stayed exept for the purpose of carrying such terms into effect

 

4 Permission to apply to carry such terms into effect

 

5 There be no order as to costs of this application or in the case, and neither party shall enforce against the other any outstanding orders made in this case

 

then just the usual signatures blah blah blah,

 

1. the defendent agrees to pay the claimant within 7 days of the date of this order the sum of £1585.04 ( no mention of court costs )

 

2. the parties agree that the consideration set out in paragraph1 above shall be in full and final settlement of the case. and of all claims , rights, actions and causes of action (including claims for interest and costs ) either party may have against the other arising out of or in connection with any issue pleaded in the case .

 

 

 

can any one help should i sign it ?

[beatsurrender]

letter recieved this morning .the order now contains the following

i note in your letter that the tomlin order does not state the settelement, however has reference to the attached schedule . the tomlin order and the attached schedule are one document as a whole and will be submitted to court together .

once the court has recieved your signefd order the judge will sign it and we we will take instructions from the court to send the cheque to you .

this cannot be done until both parties have signed the order .

whilst the bank remains confident of its defence, the cost of defending your claim will quickly become disproportionate to the sum claimed .

for this reason only the bank is prepared to settle your claim for the sum of £1858.04 ( which is what i am happy with ) in full and final settlemant of your claim and the banks counterclaim against you .

 

the tomlin order has the correct amount on this time as i queried it on the the schedule . can i now sign both the tomlin order and the banks letter ?