richardb v Yorkshire Bank

[richardb]

I have just received the allocation questionnaire N149 and my claim is for £1200 + with interest. I have kept all correspondence and included a schedule of charges with my particulars of claim. I am uncertain what to write in part g of the form other information. Can anyone help, for example do I ask the other party for full disclosure?

 

[JulesTools]

Here you go Richard

Use Jonni2bad`s guide it is very helpful just click the link it will take you straight there

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

Good luck and any more help needed just post back in here

 

Jules

[richardb]

Thanks Jules, I have read the guide thoroughly and it is very good. However, there is no advice on what to write in part G other information. I intend to write something like "I will be providing copies of all statements and correspondence to date between myself and the defendants.

I will be requesting that the defendants supply the court with a full disclosure of their costs incurred for each time that a direct debit or cheque has not been paid"

 

I am very concerned that I get this bit right as it looks like the YB may go all the way. Any more help on this subject will be most welcome. Most claimants I believe have not got to this stage, so there is little advice available. Also, because the AQ has to be back by 4/12/06, I have no time to purchase the book by Patricia Pearl

[JulesTools]

Richard ,

 

If you read through the guide its says:

 

You should state here that you believe the case will last no longer than 1 hour.

 

You may wish to add reasons why the case is more suitable for Small Claims Track if your claim value exceeds £5,000 or provide reasoning why the other side should provide evidence of their costs! You could include similar text to this....

I am respectfully requesting that my claim be allocated to the small claims track. This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is (in common with the 100s of other cases currently being brought by other bank customers) that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. I believe this would bring a rapid end to this litigation.

 

I recommend you follow this as It is a tried and tested text used by most on CAG (myself included) .You won`t go far wrong with it.

 

Jules

 

[richardb]

many thanks for responding Jules, you are the only one to have done so. I did read the guide thoroughly and the wording provided seems to be relevant only if you have received form n150 and your claim is for £5000+

Forgive me for appearing thick but I must confess I am unhappy about using this text. Would be interested to hear from anyone who has used this sucessfully?

richardb

[caro]

Hi Richard. I have used this text myself as have hundreds, if not thousands of others against all the banks. Although YB drag their feet over paying, I am not aware that this wording in the AQ has caused anyone any problems. Is there something in particular about it that worries you. It is only a suggestion so if you need to adapt it that shouldn't be a problem

 

Many claimants against YB have passed this stage, and some have already been paid so I don't think you have any cause for concern about this part. Although it may be a bit late in the day to get the Patricia Pearl book for the AQ stage, I would still recommend you buy it, as it is extremely informative about the whole process.

[JulesTools]

Richard ,

If you keep going past the N150 form , there is the template for the N149 at the bottom of the page.Sounds to me like you didn`t read far enough down the page, don`t worry.

 

Jules

xxxx

[richardb]

Many thanks Jules and Caro, if this has been used by so many before then I will certainly use it myself. Please forgive me for being cautious, I have been involved in a High Court action in the past (not related) and I have learnt to be careful not to irritate a Judge. Moreover, I wouldn't like my case to be dismissed on a technicality.

I am now more than happy with your advice, the AQ will be posted today- thanks again

richardb

[caro]

We do our utmost to keep the judges on side and show how reasonable we are. Hence 14 days for prelim letter and 14 days for LBA to comply with the CPR which says you should allow 28 days before resorting to court. This is a serious undertaking and it's a shame that more people don't give as much thought to what they are taking on and ensure that their claims are properly done.