Shelly

[stewarthow26]

Hello, this is my first post, not sure if doing this right? Hope somebody can help me with my query. I have looked at other threads but have not found an answer, here goes. I recieved a letter from MYCOL, Northampton stating that a defence to my claim for over £2000.00 in bank charges from Yorkshire Bank has been transferred to my local court, letter dated 8th May. It then goes on to say: Without hearing it is ordered that the filing of a questionaire be dispensed with in this case unless district judge orders otherwise. Note Any party affected may under rule 3.3(5) apply to have it set aside, varied or stayed. Such a party to do so within 14 days. I have not heard anything else since and I am not sure what I should be doing now. Any help would be greatly appreciated.

[sajabu2003]

Welcome to the site stewarthow26. The answer you need can be found in this thread... Is your court dispensing with the Allocation Questionnaire? Good luck with your claim.

 

Sarah.

[stewarthow26]

Thankyou for your response, I have looked at thread. At risk of seeming really thick and confused do I now need to wait for the court to contact me or should I be sending something to them within 14 days under Rule 23.3?

[sajabu2003]

PLEASE BE AWARE THAT EVEN IF THE AQ IS DISPENSED WITH, THE AQ FEE OF £100 (IF CLAIM OVER £1500) IS STILL PAYABLE (AND RECLAIMABLE FROM THE BANK).

The fee is payable within 14 days after the despatch of the notice of allocation to track (County Courts Fees Order 1999 Schedule 1).

 

 

That would affect you so you need to pay that.

 

All well and good, and anything that helps the court system to flow smoothly is to be applauded. However, if you receive one of those orders, you should still use this:

Draft Order for Allocation Questionnaires (Bankfodder's post)

and send it to the judge as a respectful suggestion. If he agrees, great, if he doesn't, nothing lost.

[stewarthow26]

Hello, Sorry not been on contact lately. I have recieved a court date for 8th August, I have only got 3 days by which to submit my documents for court and I have not been able to obtain any terms and conditions earlier than 2006. I am worried that Yorkshire Bank will not turn up but will defer a appearance until after the test case, Do you think this is likely? Also when I submitted my case I did not include any clain for interest, is this likely to be a problem?

[stewarthow26]

I AM DUE IN COURT 8TH aUGUST AND i STILL CANT FIND ANY TERMS AND CONDITIONS FROM 2001 ONWARDS, CAN ANYBODY OUT THERE HELP?

[rabble]

Hi there,

can I ask you , did you send in your fee for £100 or did you wait to hear further from the court?

I have just received the same notice from the court about the AQ been dispensed with and don't know what to do now...

I am claiming for my husband now having successfully completed my own claim but things seem to change all the time:confused:

Cheers

[stewarthow26]

Hello. I waitd to hear from the court. The next thing I recieved was acourt date with al required evidence to be submitted 14 days prior to hearing.

[rabble]

Hi there, thanks for the reply, good luck with your claim. I successfully claimed back 5K from Yorkshire without needing to use any T & C's ( didn't have them anyway) but I suppose if you can get them it's preferable. Have you got them yet? have you tried to PM a mod, they may ba able to shed more light on it for you x;-)

[caro]

I wouldn't worry too much if you can't get hold of the T&C's as the chances are that the case will be settled just before the court date. I have some T&C's from 2006 if those are any good to you. Email me at [email protected] and I will forward them to you.

[stewarthow26]

Thanks for reply, I have tried to email you for terms and conditions

but my hotmail will not allow this. Can I give you my address instead, will it be safe?

[caro]

I've just cleared a bit of space in my PM's so if you're quick you could PM it to me. Personally I wouldn't put any but my CAG email addy on the forum, which I just use for CAG stuff.

[stewarthow26]

I was supposed to be at court today 11.15am against yorkshire bank. I recieved a letter this morning from the court stating that case had been stayed pending test case result. I also recieved a letter today from Miss Ross yorkshire bank solicitor ( looks like a standard letter. signature photocopied ) stating that they would be appying to have case stayed due to pending test case, letter dated 31st July but I only recieved it this morning. I rang the court to find out if case stayed at yorkshire bank request, but was told that all cases relating to bank charges had been stayed and this was happening at courts throughout the country. Is this happening to everybody?. I am feeling very frustrated now, was so near but now so far.

[caro]

I suggest that you apply to have the stay removed. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

 

Which court is this?

[stewarthow26]

Hi. Its Halifax County Court. I will do as you suggest. Is this happening to many others do you know?

[Jennifrance1]

Exactly same has happened to me. I received letter from court granting stay on same day as one from YB saying they were applying for stay. YB letter dated 31st July but arrived 8th August - same as you.

 

I was due in Sheffield court on 12th September. Do we have any idea what will happen if we apply to have stay removed. Will banks have to defend claims as originally intended or will judges refuse to rule/find for defendant by default because of test case/find for defendant or are we simply at mercy of whim of local judge and how he feels regarding claim for charges?

 

Will apply to have stay removed but am really worried that claim will not be granted due to any of above. Back to biting nails again I think. Will be left with only stumps at this rate.