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just got a court date


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Hi Folks I have just received a court date of 20th sept at Preston county court(my birthday:) )

Had a letter from YB in july telling me that they would be applying for a stay. Phoned court today and they say there is no record of this, so to carry on as normal.

I have printed basic court bundle with statements etc but am not sure what else needs to go in bundle.I have read on the forum that a statement of evidence should be included, and also the T&Cs.

Is this the case and what else do I need to include:confused: I have looked for these items on site but am struggling to find them

All advice is gratefully received:) :)

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Hi motormouth,

 

It's good news that a stay hasn't been put on your claim so far.

 

With regards to what you'll need to put in your court bundle, you'll definitely need T&C's but the other contents will depend on the directions you've been given from the court. Can you post your directions up on this thread please - that way you'll get the correct advice. :)

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thanks Hedgey06 for your quick reply!

Below is what I have received from court:

 

1. This case is one of a number listed on the same date.both parties must be ready for trial on that date.

 

2. Any party may rely as evidence on a statement of cases (if verified by a statement of truth). Evidence of witnesses will be given in writing only, by way of a sworn affidavit or witness statement verified by the truth.

3. Any witness evidence or documents to rely on by the claimant must be filed at court and served on the Defendant no later than 21 days before the hearing. Any witness evidence of documents to be relied on by the Defendant must be filed at court and serve on the claimant no later than 7 days before the hearing.

4. Each party must provide its documents and written evidence (inc. a copy of any statement of case relied on) in a single bound and paginated bundle clearly marked on the front with the case number and names of parties.

I hope this helps you to help me!:)

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Hi motormouth,

 

You're going to need (as a start!) the basic court bundle which you can find here. Click on the links as shown in the bundle to download additional information and make sure you include all information as stated on the contents page (e.g., copy statements, schedule of charges, all pre-litigation correspondence, etc).

 

You're also going to need a witness statement - have a look here for further info http://www.consumeractiongroup.co.uk/forum/abbey-bank/57385-examples-witness-statements-disclosure.html

 

Don't forget to include relevant T&C's for your account. If you can't find the T&C's from when your account was opened, download the most recent ones (ensure your witness statement corresponds with relevant passages in the T&Cs).

 

It also looks as though you'll need a statement of evidence. See here for relevant links http://www.consumeractiongroup.co.uk/forum/general/53570-new-strategy-allocation-questionaires-3.html#post482194

 

The witness statement, T&C's and statement of evidence need to be included on your contents page (before the additional items on the basic court bundle).

 

Best of luck :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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Have a look here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/101412-document-library-work-progress.html But if you can't find the one's relevant to you account, at the very least include the most recent T&C's that you can download from their website. :)

Can't find what you're looking for? Please have a look at Michael Browne's

A-Z Guide

*** PLEASE NOTE ***

I do not answer queries via PM. If you send me a PM, please include a link to your thread - any advice I am able to offer will be on your thread.

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  • 3 weeks later...

hello people,

disappointed not getting a reply in my time of need :Cry: but struggled through and sent bundle to YB and court,21 days before court date.

Should have received documents from YB by today(7 days) but of course there is nothing in the post:rolleyes:

Have heard nothing about application for a stay so presume case is still on for next thursday 20th.

Paperwork that i received from court on 8th july stated that if any party wished to apply for a stay, or for it to be set aside, to apply within 14 days OF THAT DATE.:)

Maybe this is why it looks to be going ahead.

have the defaulted by not supplying the paperwork on time??

 

Many Thanks

MM

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Hi Motormouth,

 

See my thread for what happened to me in Bury this week. I was in the same boat with Yb failing to provide me with the bundle. Yet despite this the simple fact that they had informed both me and the court that they would be requestign a stay, in the view of the judge, meant they didnt need to bother!

Of course this is nothing like the matter being pre judged is it!!!!!!!!!

I read in another thread that it is worth stressing in court, when asked by the judge why the matter should not be stayed.......that the OFT test case does not really have a bearing on your matter, as the test case only questions the level of charges and does not deal with the matter of penalty charges being unlawful....which is of course what the 2004 quarterly meeting tells us they are.

Best of luck, and hope you dont have a wasted day.

Another bit of info I got from my day in court was that if you want to request the judge to stop the bank placing any more "charges" on your account until the outcome of the test case...you will need to make a formal application. I cited Nadine Fay v Barclays before Judge Abrahams sitting at Luton CC....still with no success.

Go for it Motormouth

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thanks for the reply Ross;)

 

Does not sound too good for me next week does it?

 

I wonder if its worth phoning the court to find out whats going to happen, or at least if they know about a stay application.last time I spoke to them they said they had no record of stay being requested and that was about 3 weeks ago.

 

Will keep you informed.......

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Thanks for the birthday wishes Georgieboy :)

 

Went to court today and was very surprised to see that there was no one from YB there!

Got called to see Judge and thought I was on to a winner....

 

Judge said that because my bundle contained over 100 pages that he would have to set aside 4 HOURS to read it all, and commented that he had seen this kind of evidence before, copied from a consumer site( it wasnt copied,lots of things were changed to suit my case:rolleyes: )

 

It was obvious that he was biased towards the bank and said that due to the OFT case in january, that Judges could not continue making judgements now that a case had been announced and that people seem to think that if the Defence does not turn up then they can say a few words and win by default:(

 

Anyway it has been stayed by the Judge until outcome of OFT case.

 

Not happy.

MM

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That is appalling. Did YB even apply for a stay?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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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So he imposed a stay when they had failed to comply with his order to submit a bundle and failed to turn up. Amazing!

 

Which court was it?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

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 Motormouth I can sympathise with you, when I was in court YB did show up, but I had the same response from the Judge, he was definately biased towards YB, the case was decided before I entered the room, he also said he would need to set aside several hours if the case was to be heard properly but stayed the case anyway....

Reclaiming £2200 from Yorkshire Bank 5.2.07

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Gotta say Motor, that seems an absolute disgrace.

As Caro says, no bundle, nobody in court and not even a letter to court requestign a stay.....as you say the judges just dont want to seem to put themselves out. I bet he just didnt want to have to spend the extra time reading your bundle. Wouldnt mind betting it was a sunny day and he already had his tee off time booked.

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