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Feeling very wobbly can anyone advise? ***WON***


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Hi there, I'm new to all this so I'm not sure if I'm doing this right so sorry in advance if I'm not.

I filed my claim against yorkshire bank online, and as a result I didn't attach the schedule of charges (I'm also pretty sure I didn't include the account number as I shortened the N1 version instead of using the online version as I just didn't see it!:oops: ). Now I'm worried. Is there anything I can do? or should I just wait and see if that's their defence?

 

How do I find out if they've filed an acknowledgement of service? If they haven't then tomorrow I could supposedly ask for judgement in which case maybe it wouldn't matter about the former error. Can anyone help? Any advice greatly appreciated.

G Xx

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You need to contact the court and find out the status of your claim, You need to complete the N244 to amend your claim. Include your account number etc. Also attach a schedule of charges and send one to your bank.

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi Lively lad,

the bank had until today to acknowledge being served. I have not had anything from the court to say that they have. Might it be that I don't need to amend the claim if they haven't bothered to enter a defense? Can I just ask for judgement by default on Monday?

Thanks

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You're grasping at straws here.

 

I have never known Yorkshire not to acknowledge. If the due date was today they have till next working day, so you won't get judgement on Monday. Even if you do Yorkshire will apply ( and almost certainly be granted) a set aside.

 

See here for advice on amending a claim:

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html#post375815

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Hi Michael, thanks for the link, I've already read it and am prepared to do it if they enter a defence of claim too vague, but I just thought seeing as they hadn't acknowledged it, I mightn't have to go through all that. If I've still not heard anything by monday, can I ask for judgement on tuesday? Is it better to wait till then anyway, just in case, I mean, I won't have lost anything by waiting, and asking and, clutching? Or will I? Your help is appreciated.

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As Michael has said YB do acknowledge, they can now just plead ignorance. You have not included your account number how can they defend they dont know the account details.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I see. So it won't hurt to wait till Tuesday. Looking over what we've received from the bank they are aware of the claim because they say they are aware that I have lodged Particulars of Claim with my local court. Does this count as acknowledgement?

 

I just wish I'd seen the online version of particulars of claim. To be quite honest I'm not sure what I wrote in the end. A very shortened version of the N1 form(it took ages to get it to fit!) - it may have had the account number on it. Didn't know how to save it either so I can't refer back to it. I'm not computer literate enough to have attempted doing this online and aint hindsight a marvellous thing?

And I'm not looking forward to amending my claim. Thanks for your help. I wish you had a magic wand.

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Oh my god! How stupid am I? I can sit there staring at a screen and not see what's right in front of me. I've logged in to moneyclaim several times and not seen that option to view your POC. How stupid I felt before is nothing to how stupid I feel now.

And no, I didn't put the account number. Ah well at least now I know for sure. Doh! Guess I need to bite the bullet and start it all over again. Oh god I could cry.

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If you phone MCOL and inform them off the mistake then resubmit your claim they do refund your previous fee. This is not 100% but as a rule they will refund your fee via a cheque. You need to write to them and inform them that you made a mistake, quote the old and new claim numbers. There is no need to start from the begining, just resubmit the claimthrough MCOL.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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If you phone MCOL and inform them off the mistake then resubmit your claim they do refund your previous fee. This is not 100% but as a rule they will refund your fee via a cheque. You need to write to them and inform them that you made a mistake, quote the old and new claim numbers. There is no need to start from the begining, just resubmit the claimthrough MCOL

As far as I'm aware, MCOL will only do this if you contact them before they issue the claim. Once issued, they will not refund the fee. So your only option now is to amend the claim
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  • 2 weeks later...

Hi there, I was just wondering what the warrant is? I've tracked my claim online and the judgement was issued on 23rd May. Is it worth continuing with the warrant given, as you'v already said that the YB will merely ask for the judgement to be set aside? (I've redone the Particulars of Claim and an Application notice in readiness for when this happens) but I thought as they hadn't acknowledged I had nothing to lose in the meantime.

 

I suppose what I'm asking is, do I have to continue with the warrant in order to get YB to ask for the judgement to be set aside? I feel a bit in limbo. And I don't know how to fill in the MCOL section on warrants - it isn't clear - and I've also proved myself to be not the sharpest tool in the box. Please help. Many thanks. Grace.

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:? I just received response from YB saying they've had the judgement set aside and have entered a defence and that as I failed to provide details of the charges they have enclosed a Part 18 Request for that information by 13th June. (I did the claim online and didn't send the schedule to the bank or the court, and didn't put the account number or sort code in the POC. I also abbreviated the N1 POC and may have unwittingly missed something out )

 

Being as my case seems quite similar to lancashirelass's case would it be best at this stage to forward copies of the schedule to the bank's solicitor's and one to the court, or should I formally ask to amend my claim? Or is it too late to do so?

 

The bank previously received 3 copies of the schedule, complete with letters which referenced the account number and sort code, though one copy went to the branch and was never acknowledged.

 

Also what do I do about fact that they want to be known as Clydesdale bank, how does this affect the claim and what do I do about it?

 

Is there anywhere I can look to see the "standard" defence and check that it is what they've sent to me?

 

Can anyone help because I feel so overwhelmed and pathetic I feel like giving up.

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Just wondering if there's something wrong with my post cos noone's replied. Looking through previous posts I can't find the answers to my questions. Can anyone direct me?

I need to know if it's too late to amend my claim once the bank have entered a defense.

Whether I've got to start sending things to the Glasgow address.And where can l look at a "standard defence' as far as YB are concerned. Please help. I've felt sick all day, faced with all the legal jargon they've thrown at me.

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rootytoot if you try sticking to the original thread that you started then people can follow your claim and offer you the right advice. I'm just going to read through your other thread :)

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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think I've done it wrong, what to do?

 

rootytoot I have included a link to your original thread. Can you copy and paste your first post here to your other thread so that someone might be able to advise you what to do.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Sorry about that, I did stick to original thread but received no answer to my question concerning warrants so I thought maybe I should start a new thread. I know I'm really dense, and I hate to admit it, but what do you mean copy and paste my first post - do you mean all of it? And paste it into a reply?

Thanks for your time Sarah.

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I've had a read of your other thread. Just 1 question regarding you not adding your account number etc, did you get the details put onto your claim via the court?.

 

Also what do I do about fact that they want to be known as Clydesdale bank, how does this affect the claim and what do I do about it? - I think that is pretty standard as it was on my copy of their defence.

 

Not sure what other advice I can give at the moment.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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No, I didn't get the details put onto my claim - I thought the only way of doing that was by amending the claim, but I thought that because they hadn't acknowledged, I might just slip through. But i was wrong, and they've made up the fact that they've acknowledged but reading through other people's threads I see that this is pretty standard practice for YB.

 

Just wonder if it's too late to amend the claim at this late stage? I wish I hadn't rushed in the first place. But hindsight's pretty useless stuff isn't it? Could I answer their request for information at the same time as amend the claim? Grace.

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I don't know much about amending claims etc so hopefully someone with more knowledge will be able to tell you what to do. Sorry that I couldn't help more.

 

Sarah.

  • Haha 1

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Share on other sites

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