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My sister has a case against Yorkshire Bankers. She got a judgment by default on 14 may.

This came about because the bank applied to have the case struck out as they had no POC, although I'm sure the court must have sent it.

So the judge sent another but with no timescale to reply.


On 10 may, she rang the court and was told there was still no reply and so to enter judgment for £6.2K


Now the bankers have applied to have the judgment set aside as they STILL have not received the POC.

It is now with the judge. Is it likely he will grant this?

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In a word I think he is. Your sister could however write to the court and point out that YB have settled every previous case out of court, including a list from the litigation section, and that YB have applied for set asides before and still settled before a hearing.

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Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007



Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Caro,

I am in the same position re judgement to be set aside and want to write to the court as you suggested on this thread, where do i find the list in the litigation section? Sorry have tried to find it and am probably being thick.

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  • 2 weeks later...

All CAG templates & advice used throughout.

Submitted N1 12.3.07 Served 15.3.07

Ackn. 19.3.07


12.4.07 Ex Parte application received by court to strike out claim in accordance with CPR16.4 ( no POC)

15.4.07 Court sent out another copy of |POC asking if still want to strike out.

No reply after 3 weeks from bank. Court suggested filing judgment.

4.5.07 Judgment applied for

14.5.07 Received notice of judgment for claimant £ 1890.00

No money received in 2 weeks. Rang court told that application to havew judgment set aside as not rec. POC.

15.6.04 Rec. Notice of hearing application. Hearing of Def. application to set aside judgment to be heard 12 SEPT. 2007

What the hell is going on here? Talk about abuse of court!! ( and the court allowing it!)


Any ideas anyone??

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Hi Destiny.


Sorry I can't help, I'm actually asking for help. I'm new to claiming from YB and wonder if you'd mond explaining your acronyms on full please?


i.e. What's 'ex parte'?

2. What's POC? and CPR16.4?



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My suggestion would be to ring MCOL (assuming you used MCOL?) and ask to speak to the court manager, Wendi Fowler and get her to explain exactly what is going on and why this has been allowed to happen. She is extremely good and sorted my problem out in that she struck out YB defence as it was late!! Give her a ring. If you have filed at your local court and not used MCOL, I would a suggest a visit to the clerk of courts and get them to clafify what your current position is and what you need to be doing next. Don't just sit and wait for YB to make a move. Take a pre-emptive strike and regain control right now!!! Power up!!!!! (as my son who is a power rangers fan would say!!!)

If you think I have been any help at all, click my scales, go on.... You know you want to! :lol:

LLoyds: (Husband) - *Settled in full* 20/12/06

Halifax: (Mum) - *Settled in full* 05/12/06

Studio: *Settled in full and more* 09/12/06

GE Capital - *Settled in full* 16/11/06

Barclays: - *Settled in full* 04/01/07

Capital One: - *Settled in full* 02/02/07

MBNA: - *Settled in full* 30/01/07

Yorkshire Bank (Friend) - *Settled in full* 30/06/07

LLoyds TSB x 3 in progress (Friend x 2 and Husband again)

Abbey National in progess (Friend)

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