wycombemariner V Yorkshire bank ***WON***

[wycombemariner]

On saturday morning i recieved a letter from the courts saying yorkshire bank had acknowledged the claim, and intend to defend it?

 

Help? What happens now???? Is this just them trying it on? Or are they likely to actually turn up and defend the case?

[dan-rides-bikes]

you will get a copy of the defence within the next week or so

[caro]

you will get a copy of the defence within the next week or so

and probably a counterclaim.

[wycombemariner]

If yo read a previous thread titled Wycombemariner vs Yorkshire Bank you'll see i've done everything by the book so far.

 

I have just returned from holiday, t find a defence has been submitted, and i am asked to fill in the allocation questionairre. THis i will do.

 

What worries me is that in their defence they seem quite sure that i cannot win!!! Is this going to end up in court? The impression given on this site/forum is that they generally won't go to court in case they lose??

 

What will happen next? When i've paid my extra £100 to go witht eh allocation questionairre will they then accept that i am serious and start offering me some or all of my money??

[westy99999]

hmmmm i think a few people are getting to this stage from reading other threads and seem to be getting paid out just before the court date !

 

 

dont back down im sure you will be fine !

 

its strange they treat everyone different must deppend on branch as my dad received a cheque today for half the money we have requested in LBA but still going to threaten court action for rest of money owed + 8 % interest !

 

good luck

[caro]

Don't panic. If you read the defence calmly, assuming it is like mine, all it says is we deny it is unfair, we deny the terms and conditions are unfair, we deny the charges are disproportionate. Have they really put anything more than denials. I could deny that I am over 21, but it would not change the fact that I really am. You only need to see a copy of my birth certificate to prove that my denial is wrong. If the defence really says anything new either post it here or PM me and we will take a look.

 

Think yourself lucky that they haven't counterclaimed against you as they have with some of us. You should know by now that there is more chance of hell freezing over than any of the banks voluntarily going to court.

[kirklanw]

Hi, sorry to jump on your thread, I am just filling out my allocation questionaire now - I can't find details anyway of the fee I need to send off with it, does anybody know?

Thanks

[kirklanw]

no mention of that on my covering letter (!) thanks a lot, appreciated.

[norvernrob]

I would also point out one other thing in my and I assume everyone elses defences - YB claim that their charges are a 'genuine pre-estimate of loss'

 

I could have just read that bit of the defence without even looking at the rest and known I will win if it goes to court.

 

Tell me how they are going to show it cost £32 because there wasn't enough money in my account to take my loan out. They can't, and they aren't.

 

There is a possibility they could take it to the first hearing though, as have Abbey with a few people.

 

So yes, you could end up in court - you won't get a disclosure from the bank in a proper hearing though, and you will get your money.

[caro]

There is a possibility they could take it to the first hearing though, as have Abbey with a few people.

Feel free to correct me if I am mistaken Rob, but I think that the cases that have gone to court have only been set aside hearings where the banks have asked for more time. To date though no case has actually reached a hearing, as even Abbey have paid up before the proper hearing.

 

Wycombemariner, you will be receiving an allocation questionnaire from the court and will find an example of a completed one in the bank templates library. The example asks the judge for standard disclosure. In other words show what it actually costs the bank each time we digress. YB are not likely to do that so will end up paying. No-one here is going to let you end up in court unprepared if you should end up there, so please don't worry. The chances of this happening are remote in the extreme.

[wycombemariner]

Cheers Caro - have paid fee and handed in allocation questionairre. No word on dates yet, and nothing from the bank in the way of any offers AT ALL

[norvernrob]

Sorry Caro, I didn't explain myself very clearly! You're right of course, I meant that you could end up in a courtroom but it won't be to argue your case.

 

Thanks for making it clearer!

[norvernrob]

Cheers Caro - have paid fee and handed in allocation questionairre. No word on dates yet, and nothing from the bank in the way of any offers AT ALL

 

I had nothing either until the judge refused their request for a 1 month stay and I got a court date - the offer came the day after.

[wycombemariner]

got a letter today - the judge has ordered that the claim be stayed until 12th Oct to enable parties to attempt settlement.

 

I don't want this? Not at any point at all have i spoken with anyone or been offered any form of settlement.

 

Do i have to do anything? Or do i just wait until the 12th? Or until the bank start making me offers?

[rascal3103]

I Think I would just wait. It shows you are willing to listen to the bank.

However, if no contact is made by the bank then I would note this to the judge. Also i may be worth contacting them in another letter stating that you are prepared to accept full settlement only. What does anybody else think.

I am not at this stage so this is just a thought.

[wycombemariner]

any suggestions anyone?

[caro]

This has happened to me too and I am not too happy either, but the advice that I have received is that as it is only a stay for one month I should accept it but write to the court and tell them that you had not accepted it but I am prepared not to raise the matter as I understand that they are under pressure (my court is nearly 6 weeks behind in dealing with AQ's). However I want it on record that I will not agree to further stays without notice, an explanation and an opportunity to object.

 

Perhaps this would be suitable for you too.

[wycombemariner]

I'll be defending myself too, can someone direct me too "what i should be saying in court" please?

[caro]

I don't think you need to worry too much about that at the moment. If you look in the forum libraries there is advice on going to court, and there is a bundle of suggested paperwork, but as you are nowhere near getting a court date at the moment I shouldn't worry yet.

[wycombemariner]

Went away over the weekend and had a letter waiting when i arrived back - basically saying its not worth their time or money to defend, would i accept £1000 of charges back and £120 court fee. No chance!

 

They argue that I am only owed £1257 in charges and that the judge will not award me intrest as i have ran my account badly and brought it all on myself!! What a bunch of

 

Is there a standard letter to send back saying thanks but no thanks?

[ozzywizard]

You can try here

[wycombemariner]

cheers have printed that letter, completed it and posted it

 

Does anyone know what happens about additional court costs? It cost me another £100 to submitt allocation questionairre a few weeks ago, will this automatically be added to costs?

[wycombemariner]

The court have said i have to fill in another allocation questionairre though i won't have to pay for this one - can anyone tell me if this is the correct procedure?

[caro]

My stay has just ended too and I need to complete an AQ according to the order for the stay. I hope it is right that we don't need to pay for it, and see no reason to doubt what the court have told you.

[wycombemariner]

why do you have to complete another AQ - did they say ?

 

 

the court say i have to complete another one after a stay has ended!