Hi The Test case starts on Monday, I have two claims still to submit should I get details of them off to Yorkshire today (Friday) or do you think its too late?

Hi Thanks for your help, but that it the exect point I am confused about. I used the business letter template from the Library and I only refered to Common Law and Contrary to statute, I didn't mention Unfair Contracts or Supply of Goods or Services. Should I write again and ask them to read my letter this time?. Best regards Mousemat

Hi I started my Business Claim on the 8th December with a letter before action and a breakdown of the charges I was re-claiming (£2404 plus interest of 682.02), sent it with a letter from the business template. This is the reply I received: I refer to you previous letters (? I only sent one) seeking to reclaim charges applied to the above business account You have sought to rely on the following legislation as a basis for your claim 1) section 4 of the Unfair Contracts Act 1977 (UCTA) 2)Paragraph 8 and schedule 2(i)(e) of the unfair Consumer contract regulations 1999 ("the regulations") 3) Section 15 of the Supply of Goods and services Act 182 (SGSA) Section 4 of UCTA relates to contract terms where one of the parties to that contract is a consumer. Section 25 (1) of UCTA provides that "consumer" has the meaning assigned to the expression in the definition in the same section of " Consumer Contract". "Consumer Contract " is defined as a contract in which one party to the contract deals, and the other party to the contract (the Consumer) does not deal or hold himself out as dealing, in the course of business. You deal with the Bank in the course of your business. You cannot therefore rely on Section 4 of UCTA. Section 3 (1) of the regulations provides that in these regulation, "Consumer" means any natural person who in contracts covered by these regulations, is acting for the purposes which are outside his trade, business or profession. As noted above you deal with the bank in the course of your business. You cannot therefore rely on these regulations. Section 15 of SGSA provides for a term about consideration to be implied into a contract where, under contract for the supply of a service, the consideration for the service is not determined by contract. The Terms and Conditions of the Contract between you and the Bank provide the consideration to be paid where you use the unauthorised overdraft service provided by the Bankl. Section 15 is therefore of no relevance to this claim. Further your assertion that the charges are a penalty and therefore unenforceable is misconceived. The law of penalties is only an issue in relation to breach of contract. You have not breached your contract with the Bank as the terms and conditions provide for the event that you exceed your limit on your account. In the circumstances you have no basis for a claim against the Bank. If you are unhappy with the way in which your complaint has been handled or the outcome you could refer the complaint tp the Financial Ombudsman Service within 6 months of this final response letter to you. There address is blah blah blah. UNsigned from the Advice Quality Unit - Charges Section. Please help I feel I am on very shaky ground here. Should I refer it to the Ombudsman or keep chipping away?

Some good news at last!!!! My daughter had a notification of a hearing for her set aside to be heard on the 3rd December 2007 before the dreaded Judge Mackenzie. We were just in the process of filling in her N244 to apply for an adjounment when a letter arrived from Jeremy Sutcliffe (Yorkshire Bank in disguise) saying they consent to her application for a set aside and the proceedings can be dismissed with no order for costs. Saved her £75.00 she can't afford anyway. Guess that counts as a victory. Also now have her statements and they owe her £1953 plus interest. Guess what letter they are going to receive now !!!!! Thanks for all the help I received to get to this stage.

I so hope they don't get District Judge Mackenzie, who is so biased in the banks favour it's not real. Basically thinks we are a lot of whinging pheasants - woops sorry I meant peasants.

Thanks Caro.

Is there anyway I can influence which Judge I get. Apart from going to a different court. This one operates out of Worcester I believe so it could mean going much further afield.

Just got back, what a fiasco!! I was met at the court by a slip of a girl (I must be getting old) who gave me a copy of the skeleton Arguments for the defendant which they had already sent to the judge, I gave her a copy of mine, which I had not yet given to the judge. Then off we trot to see District Judge MACKENZIE. His open address consisted of: You are probably aware although you may not be that a large number of these applications are being heard nationally, I said that I was and I was also aware that to date none of them had been granted. He said he had previously heard these applications and had refused them all. However if I had anything different to say he would hear it but I should be aware that if he were persuaded to lift the stay and the case came to court I would almost certainly lose and have costs awarded against me as he has no agreement whatso ever with the arguements put forward, he considers they are not valid legal arguements. That people enter into a contract when they open a bank account and it is their responsibility to operate it properly. The little girl from the bank sat nodding throughout. He then asked if I wished my application to lift the stay to be heard, I said there was little point, but would he consider a conditional order. This he refused. I did not have a chance to discuss hardship or harassment So I lost a days work, travelled 35 miles, spent 80p on parking all for nothing. What a gay day!!!!!

Thanks Caro, I wouldn't have had the guts to have got this far without you guys, the advice and support is invaluable. Thanks to you all. Be in touch tomorrow!! Mousemat

Hi Caro, Yes thanks I have taken it all on board, I'm not confident though, judging by the reponses from other courts. My one gilmmer of hope is that I can prove harassment, by them over recent months. Will let you know what happens tomorrow.

Hi, the first of my three claims got as far as court, then stayed. Applied for stay to be set aside, didn't ask for hearing but I've got one on 12 November (Hereford). Telephoned the court to a)ask should I attend b)what do I need to do in advance of the court date. The lady told me I don't have to do anything just turn up. This sounds a little odd to me. Anyone else think so?

Update on situation: Submitted form to county court for the CCj to be set aside on the 8th October with £65.00 fee, borrowed from her dad. They were returned to her on the 15th with a note saying that fee had increased to £75.00 . What a load of hassle the £65 pounds was refunded to her even though her dads name was on the cheque. Have now re-summitted form. This is going to give me a 2nd heart attack.

Thanks so much for that. I assumed he was from the court but I was so shocked I forgot to ask for ID. I have got her to send of a SAR today so the bank know she is seriously going to contest this, but I thought it might have gone to far to be of any use. Thanks again for your very helpful advice.

Please can someone give me some advice. I had a visit from the Court Bayliff yesterday looking for my daughter, she no longer lives here but works in Cheltenham and stays with different friends in that area. This is however her postal address. It appears that when she closed her Yorkshire Bank account about 3 years ago she was slightly overdrawn and so they didn't close it. They continued to add charges on and the Baliff had a warrant for £894. She has had no summons, or judgement come to this address. This is honestly the very first she has heard of it!. As the majority of this Debt is made up of Bank charges, can she get it stayed. Please help, I feel so sorry for her! The Yorkshire bank led herdown a very rocky road continually increasing her loan and giving her TWO credit cards when she was just 18. She was really starting to get herself on her feet when they knock her back again.

Hereford court are staying everything, I have appealed on hardship grounds, awaiting responce.

Hi I am just about to put an appeal in against a stay. I am appealing on the grounds of hardship and would have liked to include a copy of the letter posted by crfx250, but I can't get it to print centrally in the page. Am I being thick!? Also any other help or advice about what to include would be very much appreciated.

Hi, Theres a company in Worcester that imports call blockers from the USA. They cost about £50 but mine is worth its weight in gold. If you contact BT about nusiance calls they can give you the details. Your family and friends can still get through but nothing thats a multi call automated sytem.

Hi, If you speak to the BT dept that deals with unwanted or nuisance calls and ask them about a "Call Blocker" its marketed by a company in Worcester, costs about £50.00 and is worth its weight in gold. Stops all automated calls. Gives only one ring and they can't get through, you don't even have to get off your chair to see who it is, you know you don't want to speak to them. Friends and family can bypass it, but not automated calls. It's Great!!!