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YB defending against me HELP


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I have been trying to claim my bank charges from Yorkshire Bank for the last few months. I have done everything in the correct way and timescales. At the beginning of May I filed a claim on Moneyclaim Online which has been defended by YB (no surprise there) and I have not heard anything for over 3 weeks now. On the site it says

 

"You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly."

 

I have received paperwork to say that the claim has been transferred to my local court but I have not had anything else.

 

Can anyone please tell me what I should be doing next??

 

Thanks

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Hi Tigger 1970 I am at the same stage as you awaiting letter to say which court. I think you need to fill in AQ form and attach list of charges plus any relevant papers of your claim as evidence, I understand you have 14days to do this. There will be help on this site about what you need to send to the court at this stage. Just read the posts about going to court. Hope this helps

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Hi Alex

 

Thanks for your reply. The thing I am not sure about is the AQ, I understand that this should be sent to me by the court but not sure how long I should have to wait for this.

 

The last thing I got from the courts was on 14th June saying that they had transferred the case to Bradford County Court. I have not heard anything since.

 

This is very frustrating, nearly all my friends have successfully claimed their charges back without even the threat of going to court yet YB seem intent of making their customers lives misery!!

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Hi Tigger1970

 

I am also in the same position as you and alex12, last thing I received was YB's defence papers which I reluctantly re issued my charges schedule to them.......they obviously like to test the resillience of us all to the bitter end before coughing up.

 

As far as Tobydoby is concerned it is only a matter of time before YB/Clydesdale will have to cough up :razz: GRRRRRRRRRRR!!:razz:

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Hiya TobyDoby;) ;) ,

junkimunki ere I returned my AQ's to court on 22/06/07 , and on 27th June I received a Court Dte for Aug 21 @ 2pm, Court's directions State I have 21 days from Court letter to complete and send to Defendant and Court copies of my Court Bundle, to include a] A Schedule, to court and defendant setting out and showing each charge repayment which is sought, which must show Account no : date , amount, and reason given for charge, if any ?.

 

b] AStatement of evidence, if such is to be relied upon, in support of the claim together with copy statements and/ or other relevant documents[ Basic court bundle].

 

Failure to comply within the specified time of 21 days will strike out this claim without further order.

 

2] The defendant shall within 21 days thereafter [after my deadline] file and serve a witness statement in response to the Claimant's schedule, stating in respect of each item claimed;

 

a] Pursuant to what contractual provision such charges were made, and producing a copy of the contractual document it relies upon.

 

b] Whether such charge is accepted to be a Penalty, and if not, why not ?.

 

c] If such charges are alleged to be a Pre-estimate of the Defendants loss incurred by the Claimants actions [ whether or not such action is to be treated as a breach of the contract between the parties], all facts and matters intended to be relied upon as showing that such is a proper estimate of such loss, and all evidence to be adduced at Trial as to what the true cost of dealing with the matter was.

If the defendant fails to comply the defence will be struck out without further order and the Claimant may then enter judgement.

 

3] all original documents to be brought to the hearing.

 

4] the court must be informed immediately if this case is settled by agreement before the court date.

 

after reading this I myself think the Scoundrels at YB will make sure that I HAVE TO SUBMIT MY FILE, BUT AFTER I have completed and complied with the order, they will then wait until the very last minute before they settle, I have already stated to "celicaman" that if this happens could I get a payment from the court for wasted costs as everyone knows that the Banks including the YB cannot show that the charges are a proper estimate as no manual intervention is required and as seen upon the whistleblower a charge of £4 maximum which is still favourable towards the banks is the most that this could cost them, so as yet no correspondence from bank getting the file ready to print, but if I have to submit then I will apply to the courts after settlement for the wasted costs order which DID REQUIRE A HUGE AMOUNT OF "MANUAL INTERVENTION ON MY PART", THE ADDED STRESS INVOLVED IN COMPLYING WITH THE ORDER, AND THE PRINTING COSTS AND TIME THAT WAS INVOLVED, GOT MY OWN THREAD AT "Junkimunki Vs Yorkshire Bank plc",

I have found out too late though that the charges I have reclaimed since April 2001 to present day have all been taken from my Benefits which is agaist the law under the Social Security Admin Act 1992 , section 187 I think, so am thinking of contacting their solicitor to inform them of this info , as this might then prompt them into an early settlement as there is no way out of this one.:D

come find me upon my thread TD look forward to chewing things over with you.

junkimunki xx

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Hi Tigger I recieved my court transfer today, it states it is dispensing with AQ unless the judge at this court states otherwise. I am now waiting for letter from court with instructions on what to do.

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Hi Alex12

 

Exactly the same with me, I received today the notification of xfer of proceedings which for me will be Leeds Mercantile, it says

 

"The filing of an allocation questionaire be dispensed with in this case unles the District Judge at the Court of Transfer orders otherwise".

 

Note any party affected by this order may apply under Rule 3.3 (5) apply to have it set aside varied or stayed.Such a party must apply under Rule 23.3 within 14 days of service of this order

 

Please note an allocation fee may be payable in this instance, please contact the court of xfer for further details

 

I assume this is all standard and I shall now await the letter from the Court confirming dates and whatever information they request.

 

Will keep you posted, I assume we now have to wait

 

:cool: Tobydoby:cool:

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