HilaryFrances v Yorkshire Bank (Leeds)

[hilaryfrances]

hello Zootscoot, I have only just found out that I have to prepare another bundle! my hearing is next Monday, I cant post it out to YB because of the postal strike before Wednesday, will it be too late?

[zootscoot]

Take it into your local branch and ask for it to be forwrded to the relevant department

[hilaryfrances]

thank you, as I was unaware of the need for a new bundle, will a cut down version do, ie few case studies and a form showing income and outgoings?

[olden]

Hello zootscoot, thanks for the bundle, I can't find a list of success cases litigation forum, should I be looking for a prepared list or just picking out posts?

[zootscoot]

See here:

 

http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=138&Itemid=82

 

Click what info you want to appear on the list then select which bank and then click view now. You should then get a printable list up.

[hilaryfrances]

morning zooty I am going to stay nhome tomorrow to do my bundle and take it to the yb`s solicitors as I have realised they must be using a local one. If I ring the court will they tell me which solicitors will be present, or will YB tell me if I ring their legal department. I did not get my notice of the hearing until last week and as I have now started my college course I took my eye off the ball which is why I was unawre That I neede a new bundle. Hils

[stonedecroze]

New bundle for stay hearings can be found here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/114505-bundle-stay-hearing.html

 

This is still work in progess if anybody has any ideas for anything else to be included please post here.

 

 

Hi is this of any use? I am using it with my application to have stay set aside.

 

http://www.uswitch.com/Press-Room/Index.aspx?downloadfile=THE-%E2%80%98BIG-FREEZE%E2%80%99-LEAVES-ONE-MILLION-BANK-CUSTOMERS-OUT-IN-THE-COLD

 

 

It is in Pdf. format but has lots of information on how much banks have repaid to claimants.

[hilaryfrances]

THANK YOU What nice peeps reside on here, Hils

[stonedecroze]

THANK YOU What nice peeps reside on here, Hils

 

I have just noticed that you reside in Leeds, there must be a lot of Polish peeps there, as every letter that I have received from Halifax complaints dept is signed by someone with a polish name !!

[hilaryfrances]

hmmm cheap labour comes to mind!

[hilaryfrances]

:o please can someone tell me what UTCCR stands for and what a Witness statement is and what it should contain trying to work on bundle now as I need to take it today regards Hilary

[olden]

Hello zootscoot,I phoned the court to ask what information is required for the oral hearing to uplift the stay and he said I would not need any extra info, only the application for stay and I could bring expenditure list, as this was only a brief hearing, I don't know what type of hearing you have hilaryf but ring the court and ask them. What do you think Zoot???

[hilaryfrances]

oh groan..... Olden, my fingers and printer are on fire!!! I may as well carry on now as I am so far in

[olden]

Hi again Well I am so worried about this I have just phoned the court again and this time I got to speak to someone on the case, first the clerk put me through to a woman who then put me through to a Graham Driver, who seemed to be more in charge? anyway he said to bring whatever you thought was required there was no hard and fast rule about it as in my case it's only an oral hearing of the application to lif the stay, and as I have not been asked for anything etc.. I asked if the Barclays have been informed by the court and would they be attending, he didn't know, but he sais it was standard pocedure for the court to inform the banks. he doubted they would attend, and he said that there are quite a lot of people for the same time and day so it would be brief and his own opinion seemed to imply that it was unlikely the judge would lift the stay and he said that when the OFT result came if it was in favour of the banks, then they would probably appeal and vice versa. SO tell me are you making 3 copies of everything on that bundle list and are you READING it???????? help

[olden]

sorry its so long and you have no time for this!!!

 

AND hi zootshoot, can you sort this I have to know what to do. sorry I was called away then, and meant to say please pretty please help?

[hilaryfrances]

Yes Olden, I am doing 3 copies, and I am reading it, but I really do think I am wasting my time

[stonedecroze]

:o please can someone tell me what UTCCR stands for and what a Witness statement is and what it should contain trying to work on bundle now as I need to take it today regards Hilary

 

 

UTCCR is unfair Terms and Conditions in Contracts Regulations ( this is one of the grounds for your claim to get fees back ) and a witness statement is your statement to the court giving your reasons for having the stay lifted. Just read it out to the judge at your hearing, tell your story, it can be a bit more explanitory than the poc you can give more detail than on the POC but try not to ramble too much.:o just outline the points you wish to make.

 

Good luck,:D Stone

[hilaryfrances]

thank you stone, you have been a lot of help. Hils

 

 

Now weres my speach? Friends, Romans, Coutrymen lend me your ears, no thats no good!

Friends, Romans, Countrymen, lend me your money! What do I want your flippin ears for?

[olden]

hilary are you taking all three copies to the court, and where is your court?

[hilaryfrances]

I have faxed over a copy to YB legal department in Glasgow, I rang them to ask which local solicitor they were using so I could drop them off a copy. I was told to fax it through to them instead. I am taking sa copy to the court this morning, along with a letter of apology for it being so late and I have a copy for myself. My court is in Bradford.

[olden]

thanks hils for that idea of faxing it to litigation, I was just thinking I will have to print a fourth copy for me:eek:

 

should I though or is it best not to remind them at all?

[hilaryfrances]

best to play it by the book matey, they will be well aware of your case. the fax number is:0141 2424723 when and where is your court date?

[olden]

My Oral hearing for application to remove stay is 19th October, Cardiff CC it's only a brief one, there are lots of people same time. I am faxing the bundle to court and barclays too. I am trying to sort updated application now, did you change the figure in 3rd paragraph? i.e. £3,778.06 is that meant to be a thearitical figure.

[olden]

Having just seen this, I think i may as well give the ghost now:( val

 

 

Platinum Account Customer

 

Join Date: Jan 2007

Location: Thame -oxfordshire

Posts: 1,170

 

 

Re: Proposed Judicial Review Proceedings

Found this today :

 

post by eherway - in Barclays - which may shed some light on why hardship cases are being refused ?

 

 

Basic Account Customer

 

Join Date: Jul 2007

Posts: 7

 

 

In court this morning - this is how it went.

I was in court this morning along with 25 other people. There was a representative from each of the banks involved. The case lasted from 10am until 2pm.

 

The stay was not lifted for anybody. Our judge was sympathetic to everyone's situations, but gave his main reason as.....

 

'I cannot see from any of the cases that hardship will be brought from the delay, to wait for the OFT case in January and the review in March 2008. I base my decision on the Nottingham Hughes & Mitchel case'.

 

TIPS for OTHER cases - from what I heard today:

• If you are using grounds of hardship for getting your stay lifted, you MUST explain in your skeleton argument how this is a direct result of bank charges. It was argued quite a bit about often financial difficulties are not a direct result of bank charges.

• The judge commented that it is hard to tell the individual requirements on hardship cases using the proforma's from websites. You MUST include with these, your own personal information as well. I also realised that the court is quite accommodating and so do not worry if you are unable to word it in 'law speak'. Your own words will be fine and means the judge will have taken a detailed look at what you submitted before the court date.

The one major benefit to most of us there today is that the judge has ordered that the banks are not able to harass, abuse, threaten (via letters or otherwise) or enforce disputed debts (through collection agencies) arising from charges or closure of accounts, in the interim, otherwise we can put in an application to him directly to strike out the defence (stay) on grounds of abuse

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[olden]

JUST SPOKE TO BARCLAYS LITIGATION TEAM IN LONDON AND GUESS WHO ANSWERED ONLY SHARON WHO WAS HANDLING MY CASE AND ABOUT TO LOOK INTO SETTLE (OR NOT) exactly when the announcement came.

 

Well they are sending a barrister on 19th and she said Barclays are NOT settling any more claims until the result of the OFT case:eek: