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Me v Yorkshire Bank (Help!!)

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I am in the process of claiming charges back from Yorkshire Bank. I have been waiting for a reply from the courts with a date but was aware that the judge was thinking of not hearing the cases for bank charges in Hull. I've read that the judge in Hull has actually heard 4 cases for Yorkshire Bank claimants and that a "test case" will be heard.


Yesterday I received a letter from the court asking me to


a - File a statement setting out particulars of the breach of contract and any explanation (if such breach is alleged). The statement shall exhibit a copy of the relevant bank terms.


b - To file and serve a schedule showing how the amount claimed has been calculated by reference to the individual item by description, amount and date.


c - In the event the Claimant is seeking to claim for charges that have accrued more than six years prior to the issue of the claim, to identify such sums and to file and serve brief reasons why such charges are being sought.


d - In the event that the Claimant is seeking to claim reimbursement in respect of interest charged on any overdrawn amount the claimant is to identify such sums and set out in brief the reasons why such charges are being sought.


This is to be supplied by 15/08/07


In return, the Defendant has 28 days to file and serve a response stating


Whether the sum charged was a charge made pursuant to a contractual condition and if so to exhibit a copy of the contractual document relied upon and particulars s to how it was calculated.


Whether such charge is accepted to be a penalty, or otherwise not recoverable and if not why not.


If it is alleged that the charges are a genuine pre-estimate of the Defendants loss incurred to file and serve all evidence to be relied upon at trial that such sum claimed was a proper estimate of the loss and particulars of what the true cost of dealing with the matter was.


If any party fails to comply with the terms of this order, the court will at the directions hearing, consider whether to strike out the claim or strike out the defense and enter judgement for the claimant.


This matter is listed for further special directions on 26th September 2007 at 2.00 pm, Hull County Court when the Court will further consider the matter and give such further directions as are necessary to enable the matter to proceed to trial.


I am a bit worried as after reading that the CAG and MoneySavingExpert representing 44 cases in Hull, it was found that they had to re write the documents. I am now worried about what I now have to do as I was never sent an allocation questionnaire.


Have you got any advice about what details I need to now supply to the court.

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i need the same info scatter by the 17th august so if you find anything out can you share info?

i know i need a copy of t&c but dont know where to find them also need statements but do i need to highlight relevent deductions...help please

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I think we are all in the same boat and to top all that my printer has finally died!


However, I think there is enough information on this fantastic website and having spent about 6 hours searching and reading I am now at a point where I feel I can start putting my bundle together. Mine has to be in on 17th August but I am going on holiday on the 14th, so I have to get a move on. My court hearing date is the 1st October (they will tell you if you call).


The only thing I am missing is the T & C but I am going to ring the bank and hopefully they will send them to me.


I suggest we all do the same!

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