Got a Court Date! ***WON***

[stevieg08]

;-) Hi, started claiming bank charges (Yorkshire Bank) in January, have gone through all the motions and am finally up to waiting for a court date, which i received yesterday ... Notice of Allocation to the Small Claims Track (Hearing) with a court date set for 21 June 2007 :o ! What do i need to do now? Any help and guidance would be appreciated.

[sajabu2003]

GOT A COURT DATE? A guide to the later stages

 

Hope this helps

 

Sarah.

[stevieg08]

Thanks Sarah will go have a look !

[sajabu2003]

You're very welcome Just shout if you need any more help and I'm sure someone will be around to offer good advice.

[stevieg08]

Thanks have just been for a look, lots of info will need to get my head round it all. Thanks for the quick response

[stevieg08]

Hi, i'm just sorting thro stuff for my court bundle .... documents recommended to send that I found on this site include:-

 

• all cases and statute upon which your claim relies

Sorry for being thick but what exactly does that mean? :?

[stevieg08]

My court date has been set for the 21 June. Today I received a letter from YB which goes as follows...............

 

In our Defence we make the following points;

 

• To the extent that any bank charges were applied to the account, they were applied in accordance with the terms and conditions of the account which you accepted when the account was opened. Any charges applied as a result of your failure to adhere to the limits placed on the account were for the service provided by the bank in extending those facilities.

• Your assertion that any such charges are a penalty or unfair in terms of the Unfair Terms in Consumer Contracts Regulations 1999 and therefore unenforceable is misconceived. For either to apply, there must have been a breach of contract which is not the case here.

• We will refer the Court to the decision of the Birmingham County Court in Berwick v Lloys TSB Bank plc on 15 May 2007 which has received widespread publicity. This decision confirmed that our position on both issues discussed above is correct. We have enclosed a copy of the decision for your information.

• In addition to the issues discussed above any charges applied to your account prior to 6 March 2001 will now be time barred pursuant to the Limitation Act 1980 (the time limit for such claims being 6 years).

For all the above reasons, the Bank is confident that your claim will not succeed. You are advised to seek independent legal advice before continuing further with your claim. In particular, you should seek legal advice as to the cost consequences of continuing with your claim.

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Is it me or is that intimidating ...... is this just more bullyboy scare tactics to put me off????????? and do i put this letter into my court bundle?? Has anyone else had one of these ?????? Please help!

[moss]

Definitely designed to be intimidating, Take a look at this

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/90521-lloyds-victory-birmingham-perspective.html

[stevieg08]

Thanks for that, problem is its really un-nerved me now, have been getting info together all week for my court bundle and would feel more confident if I had YB Terms and Conditions, i have wrote to them a few times requesting them but they have never sent them out. I'm also worried that when i go to court that i will blow the whole thing ..... will hopefully feel more positive tomorrow

[moss]

PM me with your email and i will send you a copy of YB's T&C's.

[stevieg08]

I've PM you my email address, thanks for your help Moss, its such a relief to know that there is help out there

[stevieg08]

Hi, i'm just putting my court bundle together can anyone tell me do i add 8% interest on right upto the hearing?

 

Also where can I find info re: CYNTHESYS?

 

Hope someone can help Thanks!

[stevieg08]

Do i need to include a statement of evidence with my court bundle?

 

Also does anyone have info re: CYNTHESYS?

 

:idea:

[georgieboy]

Hi Stevie CYNTHESYS can be found in Sticky's threads at top of YB page about 10 down under clydesdale, yorkshire, northern - the system - whistleblower Yes I think you need to look at the YB defence and decide which statement of evidence is for you, Myself I choose the 1st one (fee for a service) Good luck

[stevieg08]

Thanks Georgieboy, will go for a look and try and sort out which statement of evidence i need, its all so time consuming and mind blowing sometimes.

 

Much appreciated your help! Thanks

[georgieboy]

Sure it will all be worth it - keep plodding on, you will need three copies of your court bundle one for bank one for court and one for yourself, so plenty of printing to do.

[stevieg08]

Hi, on the Statement of Evidence I am using one paragraph states;

3. The Claimant cites the case of Robinson v Harman [1848] 1 Exch 850, which states that a contractual party cannot profit from a breach of contract and that the charge for a loss suffered from the breach should be the amount necessary to put both parties in the same position before the breach occurred.

Do i need to include this in my bundle and does anyone know where i can find this?

[voyager9]

hi stevie i have had exactly the same defence letter and agree it is meant to intimidate it unnerved me as well

 

i have been searching everywhere for terms and conditions could i pm you my email and send them to me thanks voyager9

[stevieg08]

Hi Voyager, I PM Moss who was going to send me YB Terms and Conditions as yet I havent received them, as soon as I do i'll let you have them.

 

Good Luck with your Claim :o)

[voyager9]

thanks stevie

[rustyrolfe]

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

HELLO ANYONE HELP ME FILL THE ABOVE IN REGARDING THE N1 CLAIMS FORM IT WOULD BE MUCH APPRECIATED

MY DETAILS ARE AS FOLLOWS

MY FIRST CHARGE WAS ON 31/7/2003 (1399 DAYS AGO)

MY FINAL CHARGE WAS ON 23/01/07 (127 DAYS AGO)

TOTAL INTEREST FROM MY SPREADSHEET TOTALS £202.49

HOW D I CALCULATE THS ON A DAILY BASIS

[sajabu2003]

(CHARGES+OD interest)x 0.00022 = pence per day)

[lousecutiepie]

hi i have a hearing date for a Case Management Conference on 28th June at Leeds CC which along with about 150 others claiming against YB is allocated to 1/2 day. anyone else familiar with this? i have to send some forms off 7 days before to Court and to YB any advice would be appreciated.

[sajabu2003]

lousecutiepie take a look at this thread... Leeds Mercantile Court Hearing 28th June 2007 I'm sure there will be plenty of people that will be able to give you advice on that thread.

 

Sarah.

[stevieg08]

Hi, could really do with some help with the Statement of Evidence, one of the paragraphs states;

 

3. The Claimant cites the case of Robinson v Harman [1848] 1 Exch 850, which states that a contractual party cannot profit from a breach of contract and that the charge for a loss suffered from the breach should be the amount necessary to put both parties in the same position before the breach occurred.

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If you cite something does this mean that you have to include it?? or can it just be as referred to in the above paragraph?? If not does anyone have a copy of this or can point me in the direction of where i mite find it, have to submit bundle by this Thursday 7 June