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    • There's no facility for a settlement "out of court" as such. But matters that are started under the "Single Justice" (SJ) Procedure can often be concluded without the defendant appearing. The SJ procedure, as the name suggests, involves a single magistrate, sitting in an office with a legal advisor, dealing with matters "on papers" only. Nobody else can attend. The SJ deals with straightforward guilty pleas. Anything where the SJ believes the defendant should appear, or which should be dealt with by the "ordinary" court are adjourned o a hearing in the normal magistrates'  court .As well as this, all defendants have the right to a hearing in the normal court if they wish. Nobody is forced to have their case heard under he SJP.  In particular, as far as traffic matters go, a SJ will not disqualify a driver and if a ban is to be considered, the case will be passed over to the normal court. Because, following your SD, you will be pleading Not Guilty (and offering the "deal"), your case would usually be heard in the normal court, meaning a personal appearance. To be honest, performing your SD at the court is a more straightforward way of doing things. It avoids any possible hitches involved in serving he SD on the court. But of course, as I said, most courts have backlogs which mean an SD may not be quickly accommodated. If you do end up doing your SD before a solicitor, check with them the protocol for serving it on the court. Do let us know what the solicitor says about Wednesday.    
    • Welcome to posting on CAG cabot, people will be along soon to help you try to sort this out. Please complete this:  
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    • Hey people, I've been browsing this amazing forum for the past year and recieved a letter today which has made me require some help. Received a claim form from Cabot in the Civil National Business Centre in regards to an Aqua Credit Card taken out in 2018. I failed to make payments due to financial hardship and have not taken out any credit or uses any forms of credit since. Received a lot of letters from Cabot and their solicitors Mortimer Clarke which I've ignored    By an agreement between New Day Ltd RE Aqua& the Defendant on or around 26/03/2018 ('ths Agreement) New Day Ltd RE Aqua agreed to issue Defendant with a credit card. The Defendant failed to make the minimum payments due. The Agreement was terminated following the service of a default notice. The Agreement was assigned to the named Claimant. Cabot Credit Management Group Limited, acting as servicing agent of the named Claimant through its Appointed Representative (Cabot Financial (Europe) Limited), has arranged for these proceedings to be issued in the name of the Claimant. The named Claimant may be entitled to claim interest under the Agreement but does not seek such interest and instead claims interest under Section 69(1) of the County Courts Act 1984 at 8% p.a.from03/03/2023 until date of issue only, or alternatively such interest as the Court thinks fit THE NAMED CLAIMANT THEREFORE CLAIMS 1. 3800.82 2. INTEREST OF 379.84 3. Costs How would I go about this and what could happen? I don't remember much details about the card either.
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Richie v Yorkshire Bank


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As Clydesdale are one of the banks involved in the test case, and knowing what they are like, it seems a fair bet that they will delay paying anyone for as long as possible, as usual. It depends on the judge what will happen. If you get any problems, just post them here.

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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As Clydesdale are one of the banks involved in the test case, and knowing what they are like, it seems a fair bet that they will delay paying anyone for as long as possible, as usual. It depends on the judge what will happen. If you get any problems, just post them here.

 

Roger that, submitted my Allocation QA and the £100, so now its another waiting game.

 

Im sick of blooming wating, my claim process has been going on for such a long time now. Its starting to get my angry LOL.

 

:o

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Will my claim be held ??

 

Hi guys, I have submitted my Allocation Questionaire and the £100.

 

Will my case ever get a hearing whilst the investigation test case is being carried out?

 

OR

 

Will it just be put on hold?

 

Is it down to my court to decide?

 

What is the likely route?

 

Cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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I think the bank will apply for a hold, but that doesn't mean they'll get it. You'll have to wait and see.

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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  • 2 weeks later...

Does anyone know if Teesside Combined Courts are still looking at YB claims?

 

I have submitted my Questionaire etc approx 1 month ago.

 

Cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Guys,

 

I have posted a new thread as I am in need of urgent advice / help.

 

I received in the post today:

** Notice of Allocation to the small claims track **

 

My hearing is: 7th September 14:00

 

The following directons aply to this claim:

 

  1. Each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.
  2. The copies shall be delivered no later than fourteen days before the hearing
  3. The origonal documents shall be brought to the hearing
  4. Signed statements setting out the evidence of all witnessess (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witness whether or not the witness es are going to come to court to give evidence.
  5. The court must be informed immediatley if the case is settled by agreement before the hearing date.

My questions are:

 

  1. What exactly do I need to get together to provide to each parties?
  2. Is there any further letters I need to supply with this above information?

Help Help Help !!!

 

:confused: :confused:

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Guys,

 

I have posted a new thread as I am in need of urgent advice / help.

 

I received in the post today:

** Notice of Allocation to the small claims track **

 

My hearing is: 7th September 14:00

 

The following directons aply to this claim:

  1. Each party shall deliver to every other party and to the court office copies of all documents (including experts reports if the Court has given permission for expert evidence to be used) on which he intends to rely at the hearing.
  2. The copies shall be delivered no later than fourteen days before the hearing
  3. The origonal documents shall be brought to the hearing
  4. Signed statements setting out the evidence of all witnessess (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witness whether or not the witness es are going to come to court to give evidence. WHAT DO I NEED HERE? I HAVE NO WITNESSES OR EXPERT WITNESSES.
  5. The court must be informed immediatley if the case is settled by agreement before the hearing date.

My questions are:

  1. What exactly do I need to get together to provide to each parties?
  2. Is there any further letters I need to supply with this above information?

Help Help Help !!!

 

:confused: :confused:

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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You will need Basic Court Bundle which can be found in the bank templates libarary and also take a look at Got A Court Date in Guidence Notes, you will need 3 copies of everything one for court one for the bank and your own so lots of printing. Hope this helps.

 

Cool Cheers,

 

What about the point number 4.

 

Signed statements setting out the evidence of all witnessess (including expert witnesses if permission has been given to use them) on whom each party intends to rely shall be prepared and copies included in the documents mentioned in paragraph 1. This includes the evidence of the parties themselves and of any other witness whether or not the witness es are going to come to court to give evidence.

 

Cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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'Statement of evidence'

 

Do I Need One?

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Yes you should do one for your bundle. Bottom half of post 55 there is a Statement Of Evidence.

 

http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionnaires-3.html

 

Hope this helps.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Do I need to write on the page numbers? on all copies of stements etc etc?

 

cheers

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Guys,

Anyone please got the YB Terms and Conditions?

 

Its all I need to complete my Bundle.

 

Im desperate.

 

Cheers

Richard

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Yes best to number them or use ABC and then make a full list indexing it all to make it easy to find for yourself and the judge. Good luck.

 

Well its done, YB will receivng the bundle tomorrow before 9.00am.

195 pages long totalling £4985 in claim.

 

Going to court tomorrow to submit the bundle to them to.

 

Fingers crossed.

 

** Dee Day 7th September **

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Brilliant Richie! This is excellent as it looks as if the court don't intend to stay your case.

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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Brilliant Richie! This is excellent as it looks as if the court don't intend to stay your case.

 

 

It seems okay but alot could happen between now and then, fingers crossed.

 

Have you guys seem this:

 

BBC NEWS | Business | Judge calls halt to bank charges

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Oh no I forgot to include my terms and conditions int he bundle I have sent to YB.

 

Will this be a major problem?

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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No. . they will have them somewhere to refer to.

 

Uk

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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ok thank goodness.

 

do you think YB will turn up at the court? what do you think will happen?

 

many thanks

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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Are your charges for £262? . . i can't see them turning up.

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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Are your charges for £262? . . i can't see them turning up.

 

no my total charges are for just under £4900 inc interest etc etc

Claiming Against:

BANK ACCOUNT

  1. Yorkshire Bank - S.A.R - (Subject Access Request) Sent

CREDIT CARDS

  1. Yorkshire Bank
  2. Royal Bank of Scotland
  3. Halifax
  4. Barclaycard
  5. Morgan & Stanley
  6. Capital One - SAR Sent

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YB have usually send a local solicitor, with no information, to settle the claim - on the odd occasion it's got that far. That was before the test case though, so we'll have to see what happens.

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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