Yorkshire Bank sent a Barrister today to court to apply for a stay! I was shocked and a little frightened, but i put forward my case consisely and efficiently! They did not win the application for a stay! The judge also denied an application for an adjurnement because he basically said that the bank hadnt put their defence together properly. (CRP 39 had a lack of evidence) this might help someone else? Bury county court deal with each case on its own individual merit. On speaking to the barrister afterwards walking to the cars i asked him if he has won any for YB he said no, but, there are a lot being stayed at the moment.

Hi, my case was won on the 19th of July because of a lack of defense by the bank, the oft went to the high court on the 28th. So my case was won 9 days before that, does anyone know how i stand legally? they tried to apply for a stay for this reason and have changed their minds to an administration error! Im in court tomorrow (13/09/07) Shan.

I am in court tomorrow because YB have put in an appeal to apply for a stay, claiming that they experienced an administration error! I won the case by the bank having an insfficient defence on the 19th of july ! they applied for an appeal on the 22nd of August, this is 34 days later, (does anyone know if there is a legel requirement to appeal within 28 days) this rings a bell! Does anyone know a bit of law? How long do they have to appeal? They have also changed their arguement from asking for a stay due to the OFT taking the high street banks to the high court to agree to a test case (28/07/07) i then politely pointed out that i won our case 9 days before that happening! Can anyone give me any pearls of wisdom for tomorrow? (13/09/07) Or any suggestions to say to the judge? (I have also put in my letter to the bank and court that they have consistently ignored me for months and only when i obtained a warrant and phoned them to inform them did they then send me a letter.) Thanks, Shan.

I have now spoken to the messengers at arms in Scotland who say that i should be able to send the baillifs into any branch in the UK? Does anyone else have this type of experience/knowledge?

The court now say that i may have to send baillifs in in scotland bcause Yorkshire is part of Clydesdale bank and their head offices are in Glasgow, has anyone else had to do this? Also can anyone else tell me if their case has been won befor the OFT went to court on the 27th july and the banks are still trying to get a stay ? surely they cant? they had already lost my case on the 19th.! Rather ironically, they havent actually sent a letter to my court requesting a stay! They have just told me that they are going to , the letter was dated 31/07/07. So i am now going to file my documents for executing a warrant in Scotland.

Thanks, Hillary frances, I agree, they have ignored all my correspondance telling them that i really dont want to send them in but i will have to! How can they apply for a stay wen the case was won 8 days before the OFT went to court, they are so arrogant.

good news! I actually won the case because the defense was incomplete! The judge ruled this on the 19th of July and i still have no payment from the bank, the only letter i have from them says that they are going to ask the judge for a stay untill the OFT has finished the court case at the high court! The OFT went to the high court on the 27th July and my case has already beeen won on the 19th, can they do this? The judge has already ordered them to pay and i stipulated by the 10th of August which they havent done so im going to have to send baillifs in which i didnt want to do.

Thanks, everyone! I just hope that the judge sees it that way! I hadnt put theses in in time originally and he sent me a letter telling me to send all copies in! So he seems quite helpfull so far! Do you think that i should ask the court to add to the bundle the Office of Fair Trading report?:grin:

I have now sent in my court bundle which include: witness statement Bank Statements correspondance from bank UTCCR 1999 UTC 1977 Dunlop v New garage 1915 Letter from YB outlining their t&cs to me Whistleblower BBC documentary 21/03/07 House of Commons Transcript on Bank charges Transcript of interview with Peter Mcnamara BBC 'True costs of bouncing a cheque' Tarif of YBs Charges BBC news 'Banks crippling the vulnerable' Correspondance from YB to myself A recent letter offering to pay the £2 per transaction and outlining that i require the rest that i have paid refunded to myself, (a final correspondance before court) Does anyone think i have missed anything out?

Thanks everyone for youre help! What would i do without you all! I sent the copies of all the bank statements in when i instigated the claim because the women in the office at the court said i had to, they are really very unhelpfull and also took 15 days to even type a letter that was issued to me from the judge saying that i was missing a witness statement. If i cant get more copies of all statements in time shall i put a statement in to the court informing them that i have already hand delivered 2 bundles to the court as they told me to do so, they said that they would send the banks copies to them. I am wondering if Yorkshire are trying to contact me ive had a couple of missed calls on the mobi, who havent left a message and the code is Glasgow. If they dont send copies of all evidence and correspondence in will i win by default?

Im also wondering about the price tarrif, i havent got one! all i have got is the prices for going overdrawn etc from YBs website which i have downloaded does anyone think this will not be enough? I have already sent all my 6 years statements copies in to the court and bank surely it is just the originals that i have to take in now in my court bundle? Does anyone have the schedule of charges and terms and conditions for Yorkshire Bank? Im going to work now, and working on this at work all night! so i will check the thread tomorrow morning. Thanks everyone:) ;-)

Thanks conalot ! you have been a great help ! I am delivering everything tomorrow so i will be working on it to finalise all day tomorrow! Will post a thread, Thanks again!

I have looked at the court bundle but i havent found one that you can print stuff of. Is there one with teplates?

I think the only thing i'm missing is UTCCR 1999 UCTA 1977 SOGA 1982 for some reason my computer wont download these! I have prepared a witness statement, downloaded the dunlop v new garage, Peter Mcnamara interview transcript, i have also given an account of the documentary 'whistleblower' 21/03/07 bbc and i will probably put the clip from youtube onto a disc as evidence. I also included a transcript from the Houses of parliament where Matthew Taylor MP attacks the bank charges saying that they are not just unfair and inconvenient, they are illegal? I am concerned, however, that i do not have any Terms and Conditions for Yorkshire Bank, and when i filled in my allocation questionaire i did not send a copy to the bank as the lady at the court said that they would do that.

I have now received a General form of judgement or order. It says that both parties shall deliver to every other party and to the court office copies of all documents(including experts reports on which the court has given permission for expert evidence to be used) on which he intends to rely at the hearing. Signed statements setting out the evidence of all witnesses ( including expert witness if the court has given permission to use them) on whom each party tends to rely shall be prepared and copies included in the documents mentioned in par1. These include the evidence of the parties themselves and of any other witnesses whether or not the witnesses are going to come court to give evidence. Has anyone had one of these? What did you do?