Statements???

[breezyd2]

Ive just recieved the defence notes from the Yorkshire bank and havent got a clue what i need to do with them...its all mumbo jumbo to me..

The only thing i understand is they say I havent included account details in my claim...which as i used the template from here i dont see how they cant know it all (it is their own account numbers from their own bank, which ive detailed on numerous letters to them..!)

Please please please what do i do to reply to this as i have until 12th july (this may seem a long time but im out of the country from saturday).

Help!

[welshlass2]

Hi there,

This is pretty normal for YB, if I were you I would send a letter to the court and ask them to include your account details in the claim, give them a call if you are unsure how to word it, but they should allow you to add this information. Make sure you send a copy of the letter to YB's defence solicitor if they have appointed one and inform them of the account number. Send the letter recorded delivery, also send a copy to your original YB correspondence address just for good measure.

[breezyd2]

which court do i contact because i claimed through money claim online and they were dealing with this (until defence put in) in northampton..i live in hull...

[welshlass2]

You should receive a letter from the court telling you where the case has been allocated, though it is likely to be the one nearest to you, in your case that will be Hull, but as I said you should receive a letter from the court. If you are unsure then ring MCOL and ask them.

[breezyd2]

the only letter i have recieved is the defence one from YB and they have given me only until 12th july to reply...nothing from any court yet

[welshlass2]

If it is a defence, then presumably it was sent to you by the court? If you have not received a letter telling you that it will be transferred to a court near you, then at this stage you must assume it is still being handled by MCOL. My advice to you would be to ring them tomorrow and get them to clarify what action you need to do in respect of supplying your account number etc to YB. They will advise you how to do it correctly, worst case scenario is that you would need to issue a fresh claim, though I very much doubt it, I am fairly certain that you can supply the information required without causing any problems, except of course that it slows the procedure which is what YB want anyway. Ring MCOL tomorrow and they will put you straight.

[breezyd2]

it is a defence but not from any court its addresses are from yorkshire bank themselves...a scare tactic? thankyou for the advice i will ring MCOL in the morning to try to clarify the matter...despite the success the CAG and Consumers revenge had with YB at Hull this morning YB still intend to be difficult it seems.

[welshlass2]

In which case ring MCOL for clarification as I said and send YB the information they want recorded delivery and advise the court in writing that you have done this, you can't do any more than that. YB are the worst for making life difficult, but from the information available it would seem that they have a lot of evidence stacked against them so its unlikely they will ever go to court, so the best defence they have is to scare people and nit pick over the information provided.

[breezyd2]

have drafted a letter to YB about their defence claim that i havent provided details, and phoning MCOL they have told me it has been transfered to hull county court who im trying to raise on the phone as i type.. what do you think of this..?

 

Dear Sir/Madam,

Jacqueline Worrall V Clydesdale Bank PLC t/a Yorkshire Bank

Claim Number: ********

I refer to the letter dated 28th June 2007 and thank you for the copy of the defence filed by the bank.

The claims of the defence are a little confusing given that: -

A. The fact I have already detailed the charges – on the 29/03/2007 the letter I sent to the bank with the charges and account details in and that I am concerned that you are dealing with this case without having kept the paperwork.

But

B. To confirm them I enclose them here.

Account Number ********

 

Bank Charges Interest Calculations

 

(Details of charges)

I have sent a copy of this letter to the court to detail I am complying with all reasonable requests.

I trust this is all in order.

Yours Sincerely.

Jacqueline Worrall (Miss)

[welshlass2]

That looks fine to me, don't forget to send it recorded delivery. You will have the opportunity at a later date to include all information to do with the case when you prepare a bundle for your claim, send it off and see what happens.

You will receive a letter no doubt from Hull in the near future, in my case the judge dispensed with the AQ and allocated it to a small claims court, which for me meant that I have only been required to do a court bundle, but whatever you are asked to do, all the help you need is available here on the forum.

[breezyd2]

update on my fight against yorkshire bank

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 17/08/07

 

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 Monday 01 October 2007 at 3.00 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.

 

any tips? any hints?

HELP!

i have no T&C's..

Whats a schedule?

Dont understand c and as for d..HUH?

why cant it be in english lol

Jackie

[kateg789]

Jackie

 

Do not fear! I am at exactly the same stage as you with YB and in Hull. Perhaps we could work through this gobble-de-gook together!

 

I have received exactly the above letter for the 17th August. Looking at the other threads on this website our Court appears to be quite specific in what it is asking for and some of the tracks (the process) appear slightly different.

 

Lets take a) first. We have to serve a statement setting out the particulars of why YB have breached its contract (Probaby set out in the T & C's). And we need to show a copy of the T & C's.

 

I have found a template for the Statement and when I know how to post the link on the site, I will do so.

 

As for the T & C's I have just called YB and found that it will take to long before it will get here, so I'm a bit stuck really.

 

I'll return shortly:confused:

[kateg789]

Hi

 

I hope this works for you!. If it doesn't let me know

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/107638-new-pocs-yorkshire-bank.html

[breezyd2]

Ok call me thick or stupid but i dont know where to find the statements on the site..

 

i have looked through the cases won but dont know how to use them as statements which will apply in my court bundle..

 

HELP please only 7 days until i need it in (17th b4 4pm)

 

Jackie:-|

[georgieboy]

Hi Jackie is it your bank statements they require?

[breezyd2]

not that i know of i think its statements of ppl who have won their cases.

[hilaryfrances]

breezy dont panic, bundle is quite logical once you get going, you have to provide copies of your BANK statements in each bundle. yes all of them, keep the originals in your copy. I assume you have printed of a copy of bookworms bundle, and are looking at the list of documents. At the back of your bundle you must put the early day motion and the case studies which bookworm provides. In this section you can put copies of any succesful claims you have found yourself. You will also need a copy of the CYNthesis which is a breakdown of the costs. If you send me a PM I will forward it onto you. I have put a copy of the half yearly report from the Bank of Australia as well as it clearly states in there that because of refunding people their charges the banks profits are down. You should also provide a copy of the banks terms and conditions. which again, if you need them I will forward them onto you. Any help I can give you please ask, Hils

[breezyd2]

have sent you a PM hils with everything i can think of..

having a blond moment but whats a bookworm?

[thetenter]

Bookworm is the moderator who put the bundle together

[breezyd2]

DO'HH.

Good job im a natural brunett isnt it... had a long day at work..

[thetenter]

Everyone is entitled to a "blonde" moment now and again lol

[breezyd2]

Yeah i suppose so..

this is such a hard bank to fight tho...my brothers bank just paid up.. trust me to get a harder one lol.

we will all get there in the end i suppose.

Jackie:roll:

[thetenter]

Tell me about it, took more than 90 days to get my statements from this bunch and when I do file at court I get a letter from the court saying they are staying all new cases.....DOH

If the bank had sent the info when they where supposed to I'd have been a lot further down the well beaten track.....

[breezyd2]

interestingly i have had the letter from YB claiming they are going for the stay but have not had correspondence from court stating stay has been granted..

i live in hull and have to submit my bundle by friday and i even chatted to the court manager last friday who didnt tell me to wait in fact he told me to get the bundle in by the date given. i asked him about the stay letter and he said it was buisness as usual as far as he was concerned. (gist of the conversation not actual words)

Jackie:cool:

[thetenter]

Well good luck and stick it to them