Evo v Yorkshire Bank ***WON***

[lillboy]

Right Done Court Bundle as per direction from court.

Just need to clarifiy a couple of points

1. Settled cases. i have included to cases in the court bundle but do i need to include to settle cases from this site. if so could someone show me the link. i have read the excell spread sheet but can not find it now, i knew i should of saved it to disc.
   
2. i have not included any correspondance that is marked without preducice. I that right.
   
3. I cannot find any SAR in here records do i need it.
   
4. Is anyone actually going to sit and read all this Bumpf.

Got to be in by 25th April.

[lillboy]

Found Settled Cases.

 

Getting close to court Date

[lillboy]

he's had an offer today from YB for Around £1,400.00 i will know more later once she brings letter.

[caro]

Unless it is for the full amount reject it. If you stick it out you will get every last penny, but it might not be until nearer the court date.

[lillboy]

They have aggreed to pay

Court cost

Charges for 6 years from court date.

Will not pay interest of around £340.00 due to the courts dicretion any charges being her fault.

[caro]

They will pay the interest if she holds out. As they say interest is at the courts discretion, and not the banks, and it isn't her fault that they kept taking charges without her agreement. My earlier post stands, as I think £340 for the sake of a few more weeks is worth holding out for.

[lillboy]

Rejection letter on it's way. i am afraid.

[lillboy]

Re: County Court Claim Number XXXXXXXX

 

Response to settlement offer.

 

Dear Sir/Madame

 

Thank you for your letter dated 26th April 2007. I respectfully decline your offer of £1477.00 as settlement of my claim. As you well know you have had several opportunities to settle this case before court action commenced in which could have reduced cost. I am prepared to let the district judge decide as to whether interest should be paid on this case.

 

My claim is for £1,368.00 also Interest as per S.69 County Courts Act 1984 of 8% currently totalling £400.63 continuing at 8% until judgment or settlement at a daily rate of £0.30 plus court costs as outlined in my particulars of claim and recent correspondence submitted to the courts as directed. This claim will continue until payment is made in full.

 

 

Alternatively, should you wish to settle my claim in full, then please forward the full amount of the claim without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours faithfully

 

 

[signature]

[lillboy]

Does Yb Court bundle have to get to us before the 28 days or is it just to the courts. 7 Days left. in my calculations she should recieved her bundle before the 23rd May.

[caro]

Normally both bundles need to be submitted at the same time to the court and the other party. I have yet to hear of YB submitting a bundle to anyone or any court though. When's the court date?

[lillboy]

I used the alteranative appraoch to the allocation questionaire the judge complied with this i have submitted our documents which had to be in by 25/04/07.

 

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

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

• d) Any witness statements.

If the defendant Fails to comply with this order, the defence will be struck out without further order

 

So in my calculation they have until next wednesday to comply with this order.

[lillboy]

Forget to answer your question

the court hearing is for Tuesday 12th June 2007.

[caro]

Looks like a good order. Be prepared for some of YB's delaying tactics though. In my crystal ball I see you getting judgment by default, and then YB applying for a set aside because they didn't get the paperwork. That's what they've done to Moss, despite the court order and also when there have been other judgments by default.

[lillboy]

Looks like we need to composed a letter highlighting this total abuse of the courts system for when they default on the directions. If i do write a letter would I be wise to send a copy to YB.

[caro]

I think it would be polite to do so for information. Have a look through the successful cases and try and track the litigation details for those who had default judgments set aside, and then went on to win without attending court to demonstrate that they've done it before. Claimants that spring to mind are Rachel2609, Dan-rides-bike and of course Moss. There may be others. Possibly Trundlecat?

 

Use the advanced search tool.

[lillboy]

Thanks Caro

Will do so over the weekend

[caro]

Actually you could include all the successful claims as none went as far as a hearing, at least not in England.

[lillboy]

Letter Sorted

Not posting it in here untill after they fail to submit their papers to the court.

I will confirm that it is just a variation of the wasted cost order but it highlights the latest tactics used by YB to delay the claims even further.

[lillboy]

16/04/07.Finnally Got the direction from court; However they have put on it Evo V Abbey Bank. Another Typo error. Got to ring them today to get it resent and make sure they have sent one to Yorkshire bank not Abbey.

 

I got in touch with the court regarding this typo error they stated that everything was ok and the right letter had been sent YB.

 

Got another copy of the directions from court today 21/05/07 ammended with Yorkshire Bank as defendant.

 

Written across top in biro is

Amended under the slip rule this 18/5/07

 

any ideas if this is going to delay things do i count their 28 days from 18/05/07 or is this the start of our 28 days again.

[lillboy]

Hi All

An update.

 

Spoke to a very nice lady at the courts today she has confirmed that all the origional timescales are applicable and if YB do not submitt their documents as per order by 4:00 pm today. I can write a little note to the judge making him aware the deadline has passed. she said that out of all the cases allocated for that day YB where the only ones not to settle as of yet. I Explained about their tactics regarding trying to delay things further, she advised i include the details in the letter. therfore i feel that now i could definitley used the wasted cost template to cover these issues.

 

hope to provide a more positive update soon getting close now.

[lillboy]

Any comments would be appreciated.

 

 

 

 

 

 

XXXXXXXXXXX

xxxxxxxxxx

XXXXX

Chesterfield

Derbyshire

XXXX XXXX

 

The Court Manager

ChesterfieldCounty Court

and postcode

 

24th May2007

 

 

Dear Sir/Madam

EVO V’s Yorkshire Bank

I wish to inform the court that the claim as detailed above, in which I am the Claimant, The deadline for your order has now passed.

The Defendant has failed to file any documents to the court, breaching the order made by District Judge AA on 28th March. Again this is typical of the Defendant’s approach in other cases of which I am aware.

We now ask that the defence is now struck out without further order as indicated on the order mentioned.

 

I believe that the Defendant has behaved unreasonably in their approach to defending this claim, not least because I believe the Defendant had no intention of ever defending this claim at a hearing. I am aware that in other cases against Yorkshire Bank have once the defence has been struck out by default, they will then ask for this to be set aside, May I at this point request that no set aside is granted as this is again a tactic used to delay the settling of the claim.

 

I also enclose a list of all cases of which I am aware in which Yorkshire Bank was the Defendant. Every one of these cases was settled in full before a hearing despite a defence being entered by the Defendant.

 

 

 

 

 

Yours faithfully,

 

[lillboy]

Moss

I have Changed Letter

 

your comments or any comments would be appreciated. thanks Wayne

[caro]

Looks like that should do the trick to me.

[moss]

Looks good to me. Your not far from me, can i ask which court are you using.

[lillboy]

Chesterfield Court