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Bank Is Recalling Decree i won PLEASE HELP


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CONGRATULATIONS, another win for us and another lose for them. Well done

A person is only as big as the dream they dare to live.

 

 

Good things come to he who waits

 

 

Its your money taken unlawfully from your account and you have a legal right to claim it back.

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Brilliant news and well done for going to court it must be quite daunting. It shows the judges/sheriffs that we are prepared to follow the case through to the end whereas the Banks are just wasting the courts time.

 

Congratulations

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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  • 2 weeks later...

Please everyone need help here ,have received a citation this morning from the court

 

 

The Clydesdale bank has recalled the decree and the case is on the 6th july.Stating they failed to show due to admin error

 

I feel a nervous wreck i REALLY thought this was all finished.

 

Where do i go from here?

 

Can i get a list of cases they have previously done this with to take to court with me.I am at the stage of pulling out of this but at the same time i know that is what they want.

 

Please someone Help

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Surely if they failed to show and it was their error then I do not see how they can recall the decree.

 

If the situation was reversed and you failed to show up-would you be able, or even know that you could, get the decree reversed?

 

I doubt it.

 

As I am not a legal eagle all I can suggest is that you ring the court and get them to explain it to you.

PPMAN159

 

If this comment has helped please click on the scales.

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Have they reqeusted that you bring anything to the court on the 6th?

 

 

 

 

Hi,No they have not requested anything,my tummy has been churning all day thinking about this.

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I would'nt worry to much Katierose,

 

Even if they go to court you will win, again it is just another delay tactic to try and scare you.

 

twoofus

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Hi twoofus their scare tactic is working it took all the guts i had to turn up on the 8th of June now i have to do it all over again.

 

Do you know if there is a list of cases they have tried this before that i can take with me ?

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I dont know if such list is available, best person for that info would be Caro.

 

I went to court June 12th they sent an agent along to represent them, but they still settled 10 minutes before the hearing. so even if they did turn up this time chances of them defending are slim.;)

 

I tell you they just love bullying and delaying its what they are good at. But dont give up, the day of my hearing i was so nervous it made me ill, i couldnt eat, didnt sleep, and was continuously sick. But i knew i was'nt going to let them keep my money.

 

Have you called the courts?

 

twoofus

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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katierose I know it's easy for me to say but try to stay calm about this as you'll just make yourself ill with worry and you don't need that.

 

Caro might not be around so much for a while as there's been a family illness and she has suffered from flooding due to the recent bad weather. Hopefully another moderator with knowledge of the Scottish procedure will spot this and be able to help a bit.

 

I wish I had more knowledge about Scottish claims but sadly I don't :( I nearly made myself ill with worry a few weeks ago and it was all a waste of time as YB/Clydesdale paid out. Like twoofus said they love to bully and use delaying tactics but in the end they DO pay up.

 

You know that everyone reading this forum is right behind you.

 

{{{BIG SUPPORTIVE HUGS}}}

 

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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Hi KatieRose

 

I am the male side of twoofus and my wife mentioned your thread. I'm curious to know what the Admin error is, do you know?

 

I really think if they have just stated 'admin error' as a reason to not show then the courts are bowing down to these bullies. I must remember the next time they slap a charge on an account to phone them and ask for it removed because I had an admin error, I'm sure I know their reply.

 

Unfortunately as Sarah said Caro has a lot on at the moment and won't get much time to come on here but Robertxc is the master of all things Scottish, I'm sure he'll advise you better.

 

Most of all, keep calm its just a very small delay of the inevitable.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Hi there,No they don,t say what the admin error is just that this is the reason they failed to show in court on the 8th.

 

Thanks for all you're support i really need it right now,I have pm robertxc a message so here's hoping he can give some advice.

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This is a standard tactic. I'm afraid the reality is that a minute of recall is almost always granted. I don't know if it's a deliberate time wasting tactic or they just missed this one, but the best advice is to write to both the court and the bank and tell them that you don't object to the decree being recalled. That way you won't waste time on an unnecesary hearing.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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