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Welshlass2 v Yorkshire Bank 5.2.07


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Hi Caro, I am to attend court on Monday at 12.00pm, I will spend some time tomorrow looking up what you have mentioned, we do not have any hardship that can be used in the application to have a stay removed (none that I am aware of), but I have to admit that I have been away on holiday and have not kept abreast of the latest information, also I have a fairly limited knowledge on the legal issues, any help you can offer will be greatly appreciated.

Reclaiming £2200 from Yorkshire Bank 5.2.07

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hi welshlass, i applied to have a stay removed it cost me £65, got my new date today 5th oct, iv been told it will only be a ten minute hearing to decide weather to have it overturned. dont expect YB to be thier. let me know how you get on, you never know you could walk out ££££££ richer

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I have still not heard anything from YB or the court, I do not expect to come away from this with good news, but I will definately fight my corner, now I just need to get myself ready over the weekend and do my homework so I can put up a good fight if I need to. I will let everyone know the outcome next week - fingers crossed!! By the way if anyone has any tips or material for me to read up on I would be really appreciative.

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Apart from the links I've already given you, it's all in your bundle.

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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Thanks Caro for your help, I will spend this evening going over my bundle again. I have my application for a removal of stay ready, I am now ready to go to court tomorrow. I have to confess to feeling that I am wasting my time as I believe that YB will apply for the stay and that will be the end of it, still I shall appear and fight the corner, if not for me, then for others who are fighting YB. I need some good luck vibes now, I will post after the hearing and let you all know how it went.

 

;) Mandy

Reclaiming £2200 from Yorkshire Bank 5.2.07

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HELP A LAST MINUTE QUESTION

 

I am in court today at 12.00pm, I am now ready to do battle , have been reading up over the weekend and think I am armed with the necessary ammunition, all I need now is a sympathetic judge, just one quick question, I am there to represent my husband who cannot take time off to be there, he was off sick last week and doesn't get paid, so we simply cannot afford to lose any more money, will the judge object to this, do I need to have a letter with me to give his authority to represent him????

 

Quick update, rang court and was told to bring a letter signed by my husband to say I would be representing him, so no need to reply to my last question, thanks anyway..

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Thinking of you welshlass. Hope it goes ok.

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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not sure if anyone can advise on this one, i issued judgement by default as the YB claimed to be issueing a defence and never did, i gave them 14 days to pay full amount(rather kind i thought) any way nothing happened, left it another 5 days still nothing, then received a letter from YB solicitors stating"due to admin error the judgement was missed and would i GIVE my consent to them applying for a stay" well certainly not, i have now issued a warrant for recovery of funds. anyone know what my chances are????

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  • 2 weeks later...

I am soooo sorry you guys, I swear I posted the day after the hearing but it didn't go on, the other frustrating thing is that I didn't get any messages in my mail to let me know that you lot were asking me how it went. I actually thought that no-one cared, I just came on now to see how you lot are doing with your battles and am pretty upset to see that you have been posting and I didn't know. Well anyway, my case was stayed, I objected to the stay and had my application for removal looked at, however they YB representative opposed my application using the fact that it was not an impeachment under the human rights act as the case was likely to be settled by the high court in the early part of next year. It was pretty much a closed case before I walked into the court room and I have to say I thought the whole thing was a bit of a farce, the judge has ordered YB to advise the court about how they intend to deal with my claim within 3 weeks of the outcome of the test case, but all in all I came away feeling as if YB had won, not the result I wanted.

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Maybe not the result you wanted yet, but it's not really over. I have to say though that I can't see this being settled early next year, by the time appeals are heard etc. Very disappointing but typical at the moment.

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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Yes I know, I have come to terms with it now, but at the time I was divided between feeling gutted and really really angry, getting so close to the finish line, only to have it pulled another 100yards ahead again....lol

Reclaiming £2200 from Yorkshire Bank 5.2.07

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2 years ago I expect you never dreamt you'd get any money back, so you haven't really lost much. No-one could ever be 100% sure of getting anything back, and anything we all get back is really a bonus. That's the way I see it anyway.

 

Nothing ventured, nothing gained.

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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Yeah I know what you mean, but at this moment in time, I can't help wishing I had banked their cheque for £1100 when it came, still it was a gamble and I knew that, mind you the battle isn't over yet, hopefully something positive will come out of the test case and justice will finally win the day, the banks have called the shots for way too long, time for the tide to turn I think!

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Nice to hear from you again welshlass - sorry things didn't turn out better for you, take a bit of comfort knowing that most of us are now in the same boat even though it feels like the TITANIC at the moment. It is just disgusting the way the courts are treating people, I feel we have been stitched up like a kipper while the banks remain unfettered to carry on as normal and now DO NOT EVEN HAVE TO LOOK INTO ANY COMPLAINT. Surely the courts can not begin to think that is right, oh well we live in hope and await the outcome of the OFT farce. :rolleyes:

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