Becky1822 v Yorkshire Bank

[becky1822]

can you please help i have taken yb to court and they had 28days to write a defence, the 28days was up on good friday, so i entered judgement by default which was excepted by the court i told them i want my money in full £1465. by the 16th of april.

this morning i recived a copy from yb there defence of which they have now sent to court.

i just want to know what will happen with this now.

 

can anyone give me some advice PLEASE !!!!!!!!!.

[ladybird17]

becky1822 you need to start your own thread, otherwise you're unlikely to get help as this is jeccle's thread.

The judge will most likey order a stay.

[becky1822]

will someone please tell me how i start a thread ? im new on here and dont know how to start one ,

[becky1822]

hello ! im in the middle of taking yb to court for bank charges they sent me a letter on the 9th of march saying they were defending the claim ? they then had 28days to write a defence which was up on good friday so i entered judgment by default which was excepted by the courts.

Then this morning 4days late i got a copy from the bank dated the 5th of april of there defence but the court was entering judgment by default at 10am this morning so i want to know if anyone out there knows what will happen as all this is getting on my nerves now its been going on for toooooo long ..

[sajabu2003]

becky1822 click on this link Yorkshire Bank and Clydesdale Bank and Northern Bank which is the main Clydesdale/Yorkshire bank threads... Then scroll down and click on the New Thread sign

 

Sarah.

[caro]

Becky I've moved your posts and set up your own thread now so just post your progress here.

 

I think the court is likely to accept the defence due to the bank holiday post etc. YB had a month to print off the defence you have, which in all likelihood is absolutely standard, but they have a tendency to drag these things out, and annoyingly the courts allow them to get away with it.

 

By the way Becky, I hate to tell you, but you're only just starting with this mob. You've got a way to go yet I think.

[zootscoot]

Hi Becky,

 

Can you tell me if YB are still claiming that the charges represent a genuine pre-estimate of loss in their defence?

[becky1822]

thankyou for doing that for me i had been on here all day trying to find out to start a thread and then were to do it, how long from now do you think it will take before i get my money ? im getting sick of it all just cant wait till its all over.

[Sparky 27]

thankyou for doing that for me i had been on here all day trying to find out to start a thread and then were to do it, how long from now do you think it will take before i get my money ? im getting sick of it all just cant wait till its all over.

 

C'mon Becky cheer up, there a great set of chaps, and chapesseses on here and they'll help you with anything. Go get Y.B girl, were all in the same boat, and we'll ALL get our money back.

[becky1822]

hello, went on money claim today to find that my j by default has been rejected as u all said because of the bank hols , so how long does anyone know it will take before the A Q to come and then what happens after that will it be a court date and how long will that take i go on my hols on the 4th of aug was wanting the money for then ?

[zootscoot]

It seems MCOL have not been sending a/q any more. You'll get a letter notifying you of transfer to your local court in the nest few days.

[becky1822]

you are right thankyou ! if u havnt have told me that i would have been in a panic, i recived transfer this morning saying : A defence to this claim has been filed.

the claim has been transferred to the court covering the area where the claiment lives or carries buiness.

please read the accompanying documents carefully.

then crossed out next to that it did say :and note the allocation questionaire should be returned to the sheffield county court, but that bit doesnt apply to me.

SORRY if u think im a bit slo im not really just want to make sure im doing it right and understand fully what im doing.

on the next page it says ** please note that an allocation fee may be payable in this instance.

please contact the court of transfer for further details ?

does that mean they will give me a court date etc.

[zootscoot]

There is a chance that your local court may send out an allocation questionnaire in which case you will need to return it and pay the fee.

 

For now send off the following Draft Order for Directions with a covering letter respectfully requesting the judge adopts them.

 

In the Warwick County Court

Claim Number XXXXXX

Between

 

 

XXXXXX – Claimant

And

Clydesdale Bank PLC T/A Yorkshire Bank

Draft Order for Directions

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

  
  

• d) Copies of decided cases and other legal materials to be relied upon.

  
  

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

 

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, 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 including disclosure of CYNthesys the Defendant's costing system, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

  
  

• d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

  
  

• e) Copies of decided cases and other legal materials to be relied upon.

  
  

If the Defendant fails to comply with this order, the Defence will be struck out without further order

[becky1822]

hello again thanks for thr advice what is this draft order for ? not to sure what im doing now so if you could please tell me,

thanks becky .

[zootscoot]

Generally on allocation the judge will issue 'directions'. This is simply a stating what needs to be done by each party giving dates for completion. Normally when you get an allocation questionairre you are asked if you have any propsed directions. We have recommended this draft order for people to send off. Otherwise the standard order applies which means both parties file their court bundle 14 days before court. These orders speed thing up a bit because generally the banks do not want to comply with the orders so will pay up before the due date for filing. Also there is a special request in this one for them to disclose CYNthesys.

 

So simply copy and paste the draft order above onto a word document and print it off. Write a short covering letter with your claim no clearly stated and request the court considers adopting these orders in for you case. Some judges have accepted the orders others have not.

 

All the best

 

Zoot

[becky1822]

thanks for that you have been a real help, do you think i should just send one anyway or wait to see if they ask for it ?. thanks alot becks

[zootscoot]

Send it now otherwise they may simply allocate and issue orders without it. The judge may not accept it but at least you can say you tried.

[becky1822]

Hello everyone !!!, can someone please help me ?? i have recived yb draft directions this morning so i phoned the courts up to find out about the draft directions i asked the judge to consider, the courts said they havnt recived the draft directions yet which is 2days late her words not mine.

and she said the judge wont make a decision untill the d/d has been loged on to there system.

Also they have said they want it to be postponed for 1 month so that either party can make an informal discussion etc ?

What i want to know is what does this mean ?

Also can someone please give me some advice on how to but my bundell together and what i need is it a case of i need to get all my statments and highlight them ? and is there anything else i could add. PLEASE IF YOU ARE READING THIS MSSAGE CAN YOU REPLY AS I NEED THE HELP IM JUST READING PAGE AFTER PAGE OF THINGS THAT I DONT UNDERSTAND !!!!!! THANKS BECKY.

[zootscoot]

Hi Becky,

 

Next thing to do is wait for the judge to decide which directions they will order.

 

In the mean time you can work on putting your bundle together

 

See here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html