HilaryFrances v Yorkshire Bank (Leeds)

[zootscoot]

Posts moved to create your own thread

[olden]

Hi zoot, well ok but they are not over there?

[Castlebest]

No Olden but we are here

 

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

vbrep_register("1176457")

 

I think thats a good result, The courts are currently taking between 6 and 12 weeks to list hearings which means if you won a stay appeal hearing now by the time your case got listed for a hearing it would be late December or January. The test case is due to start in January.

 

Bl**dy annoying but I think we have to live with it for now. I think we may see a melting in the attitude of the Judges after the first instance judgment in the test case, but we will see.

 

pete

[hilaryfrances]

:o thanks zoots did not mean to do a hijack! Olden the fax number I gave you was for Yorkshire Bank, I thought you had the same Bank as me. sorry

[olden]

Its OK hils, I did realise that. Well you can see what they said when I phoned up, and what the court said :mad: val

[caro]

I'll be thinking of you in court tomorrow Hils. Shame it's not the hearing for the charges which I think would have been a few weeks ago were it not for the stay. Everythings crossed for you. xx

[hilaryfrances]

thanks Caro, I am well prepared, thanks to this site, bit last minute on the old bundle but at least I got a copy to the Banks legal team and the court. I will be stunned if they have anything prepared for me. I will let you know how I get on when I return!

[olden]

Good Luck hils, will be anxiously waiting to hear from you, fingers crossed val xx

[hilaryfrances]

arghh Val, you are a star, I dont really hold out much hope though. But if I do go down I sure shall go down fighting!

[caro]

You make it sound like they'll be dragging you down to the cells Hils. I'm sure it won't be that bad.

[olden]

Hils, we have to remember what slick says, even if we don't win this application, we will get our money when the OFT settles the case. we will keep fighting

[caro]

Don't worry olden. Hils won't give up after all this time.

[hilaryfrances]

:o hee hee Caro, thats just what it feels like!!! lol I am just doing some last minute checks before I go, leave house in around an hour...."oh" (slaps back of hand to forehead) "Will I ever see my house and family again?"

 

And yes Val, dont worry I will give it a good go

 

Hils

[caro]

Come on Hils. Tell us they didn't lock you up! How did it go?

[hilaryfrances]

LET ME OUT ME NO LIKE IT IN HERE

[hilaryfrances]

Well I have just got home after 3 hours in court. There were a few of us being heard by the QC, no less who ordered the blanket stay. Not a good sign. He thanked me for my court bundle, which he said was well presented and most useful. One brownie point to me, YB`solicitor jumped up at that point and said she did not have bundle. I explained that I had faxed it over to her legal department as instructed but as I did not think for one minute she would have been sent a copy I had brought a copy to the court for her. smug face as I hand it over point two to me . just a moment phone back in a moment

[hilaryfrances]

sorry about that, back again, anyway to cut a long story short it all went downhill from there. I went first and was told, eventually, that although he could see from my financial statement "things were tight" I was really waiting for a windfall, all the cases he heard, including mine, have been deffered whilst he considers his judgement. I think he has already made his mind up though because he also said that it the banks want to persue us for the costs for today we would have to come back to court. So we not only may have to pay for the banks cost we all may end up with a county court judgement as well, so be warned. He said that there was no guarentee that even if the stays were lifted we would get our money sooner than if we waited for the outcome of the test case. He also said that the banks could argue that the high charges were meant as a detterent and not just to increase profits as some cynics might suggest. He just did not seem to understand what it is like for ordinary people when a bank takes your money before you have got it.

[olden]

Well done Hils, he certainly seemd to have it all sewn up before you got there, I think it is a gorgone conclusion for all of us now, but at least you did so well it was noted, banks efficiency NIL again. I faxed my court bundle to Crdiff CC this morning while baby was asleep! it took hour and half, due to it was either bunching up or stopping with LINE ERROR, kept my cool and finished, have asked for fax reeipt of pages, no luck so far. Still have to fax litigation, think I will find out where barrister is? baby trying to play with these keysv;;;vfghh speak later

[Castlebest]

all the cases he heard, including mine, have been deferred whilst he considers his judgment.

My judge has done this too I'm pretty sure because he wants to consider how to control the banks during the period of the stay to prevent them pursuing the debt or reporting defaults to the credit agency's

 

I think he has already made his mind up though because he also said that it the banks want to pursue us for the costs for today we would have to come back to court.

My judge asked in court if the barristers wanted costs and when they said no he said there would be no costs associated with his order. I think you can also look at this as telling the banks if they want costs they will have to face him again and say why.

 

So we not only may have to pay for the banks cost we all may end up with a county court judgment as well, so be warned.

You wont get a CCJ from an appeal hearing.

 

He said that there was no guarantee that even if the stays were lifted we would get our money sooner than if we waited for the outcome of the test case. He also said that the banks could argue that the high charges were meant as a deterrent and not just to increase profits as some cynics might suggest.

Err yes otherwise known as a penalty charge

 

Well done Hils it looks like you put up a very good show

 

pete

[hilaryfrances]

hello Pete, thank you for your help. You really have put my mind at ease. I was very worried in case I was going to get a ccj. If I have to pay the costs then that will be a lesson learnt. I think the QC that heard our hearing today was a little put out because it was he who had put in place the blanket stay, to stop "cases like ours clogging up the courts"

[hilaryfrances]

PS Val, your baby types just like me!

[hilaryfrances]

bits of the hearing keep coming back top me, the judge also said that if the stay was to be lifted then the bank would appeal and it could end up going all the way to the House of Lords

[caro]

Well you gave it your best shot, and he hasn't just said no. I can't help but think that the banks would rather let the stay go, than risk the issue going to the House of Lords. Let's hope when he has a good think about it and possibly confers with others, he'll come up with something useful.

[olden]

Hils, although she is 'my baby' she's my daughters baby and my 8th grandchild!!

 

Well I finally faxed Sharon Daboul, Bs lit. I phoned her to ask if it would be a better idea for me to fax it straight to the attending barrister, to save her having to get all 98 pages to him, she was a little surprised at the amount, and asked me if the statements there, leave out as she already ad the copy I sent in my file, so I sent her 76 pages. I have a copy ready like you, it wouldn't surprise me if he didn't have it in court.!

[hilaryfrances]

hello olden, a fellow grandma eh? grandkids are fantastic arent they? I have a long way to catch up to you though, I only have 3. I have been thinking long and hard about what the judge has said and I am wondering if his advice to wait for the outcome of the test case is the best option. I had a letter today from Allince and Leicester saying the OFT had asked banks not to continue with any claim until after the test case, and although they were not involved with the case they would stand by the outcome. I think we are just going to have to play the waiting game