Moss v Yorkshire Bank ***WON***

[moss]

Thanks Caro, I think i will wait and see what transpires over the next few days. Hard too wait though, it's obvious their defence is a total fabrication and now me blood's up and i want to nail them

[moss]

As YB haven't complied with the court order i rang the court on Friday to see what i had to do if i wanted to claim judgment by default next week and they said i couldn't as it's entirely up to the judge and what he wanted to do and he might leave it until the hearing date , though they did say i could write in. The judge said in his order that if they didn't comply, the defence would be struck out without further order. So as there is no specific form do i address the letter to the court or the judge and should i request the judge to do anything other than review the case as the deadline for YB has passed.

[moss]

Caro your PM box is full

[caro]

Don't tell JulesTools or he'll laugh. I'll try and clear some messages if you give me a sec.

[JulesTools]

:lol::lol::lol:

[moss]

Caro i think youv'e been sussed:D

[caro]

See Moss, I told you not to say that.

[moss]

Well on 28th Mar i applied for their defence to be struck out and judgement to be given. Today i have received a letter from the court stating

 

"When time for the defendant to comply has expired, i.e. 12 Apr 2007, the file will be referred back to the District Judge for directions"

 

Yet in the Order issued at AQ stage, it says at the start of my directions that

 

"The claimant shall within 28 days of service of this Order send to the Defendant and to the court" and then lists directions, which i complied with on 20th Feb

 

Then at the start of YB's directions it says.

 

"The defendant shall within 28 days thereafter file and serve a response to the claimants schedule, stating in respect of each item claimed"

followed by a list of orders for them, followed by "if the defendant fails to comply with this order, the defence will be struck out without further order.

 

Well it doesn't say within 56 days of service YB should comply, it says within 28 days thereafter, so what's going on have the court got it wrong or is this normal procedure and iv' e got it wrong.

[zootscoot]

28 days thereafter means 28 days from your filing so yes it seems they do have 56 days.

[moss]

Thanks Zoot, Iv' e just got of the phone with the court and they said it didn't matter when i filed my papers as long as it was within my allotted 28 days, and that YB's 28 days wouldn't, start until my 28days were up, which seem a bit unfair as they have 56 days to do nothing

 

Still on the bright side i might get an offer for the full amount this week as the 12th is on Mon.

[zootscoot]

Mmm think positive!

[caro]

12th April is Thursday Moss, but you never know.

[moss]

Doo, Thanks Caro, i think iv' e got brain fog today !!! so we'll see, i haven't heard a thing from YB for a couple of months now, I'm beginning to think they have forgotten me Their next offer had better be for the full amount with full interest or it will be rejected and they will go past the dead line and Moss will get judgment.

[moss]

Well the last day for YB to comply with the court order was yesterday and i haven't had anything. I have just rang the court and they haven't received anything either. The lady at the court said the file will be before the judge within the next 5 days, so hopefully not long now

[zootscoot]

Heres hoping Moss:)

[moss]

What are YB's tactics now, the court order said that if they didn't file and serve before the 12th of April their defence would be struck out without further notice. well i don't understand why they haven't contacted me at all in the past two months, no offer, no court bundle, no letter of any sort. Do they not care if their defence is struck out ? I rang the court and the file will be before the judge in the next day or two so i await to see what YB do next.

[caro]

Don't let them get to you Moss. You should be on the home run soon.

[moss]

Nothing in the post today so i rang the court and they haven't sent my file back to the judge yet It's now 11 days past the dead line and the court have done nothing, what's the point of a court order if it's not enforced It's only a couple of weeks to my hearing, perhaps something will happen before then.

[boobiebubble]

Hi Simon, I have just received a letter from Yorkshire Bank stating they are not prepared to repay my charges and I have 8 weeks to appeal against this decision until they close the complaint. Did you amend the letter at all??? as it opens with "I am very disappointed that you have failed to respond to my letter of the [DATE]." they have responded just not how i wished them to.

Thank-you.

 

 

[sajabu2003]

boobiebubble just change the wording to 'failed to respond positively'

 

Hope that helps.

 

Sarah.

[lousecutiepie]

Iv just received my notice of transfer of proceedings in which it states the AQ's are to be dispensed with - anyone know what the next step is? do i sit and wait or do the Court send through a hearing date?

[sajabu2003]

I've answered in your thread lousecutiepie so that people can follow your claim and give you advise.

 

Sarah.

[lousecutiepie]

Thanks Sarah,

 

its funny that i work for a law firm and deal with stuff like this all day but still getting nervous about it going to court ha ha

[sajabu2003]

btw sorry for the highjack moss

[moss]

Lousecutiepie, the court will write to you and tell you how they want to proceed. You could also give them a ring and ask them what the next step is, they are generally very helpful.