My Claim Against Yorkshire Bank **SETTLED IN FULL**

[dan-rides-bikes]

what address did you use for your claim, i want to write mine out so i can click submit as soon as my wages go into the bank

[pjdudley69]

what address did you use for your claim, i want to write mine out so i can click submit as soon as my wages go into the bank

Use your branch address Dan because if you use their head office address it'll probably be classed as a Scottish claim, different rules etc. Your branch will just send it on anyway and their legal team in Glasgow will respond.

 

PJ

[dan-rides-bikes]

mérci

[trundlecat]

What did you say to them?

Daren't say.... it was a tiny bit insulting (only a tiny bit lol).

[caro]

OO er!

[trundlecat]

Received the PG Tips Gang's defence this morning. Looks like the usual lame excuses & indefensible reasoning. Can't be a*sed with it all at the moment, will read it all later when I'm in need of a good laugh.

[norvernrob]

Received the PG Tips Gang's defence this morning. Looks like the usual lame excuses & indefensible reasoning. Can't be a*sed with it all at the moment, will read it all later when I'm in need of a good laugh.

That's the spirit! It's not as if they are likely to turn up in court, they may have a few timewasting tricks still, but you'll get your money back soon enough. My claim will be deemed served on the 9th so here comes another one for them

[pjdudley69]

PG Tips Gang! Love it roflmfao I bet you've got the exact same defence as me - they don't seem to be dealing with any of our cases with originality.

 

And Rob, at least you've got a very good idea what to expect just being slightly behind Trunny and me - why do I feel like a guinea pig/test subject??

[trundlecat]

Recieved my Allocation Questionaire & notice that my case has been transferred to my local court yesterday.

 

Have also had some more dealings with YB collections (all came out in my favour of course & got an admittance of automation). I'm going to create a seperate thread, when I haven't got 2 kids fighting for attention, specifically for dealing with YB collections as there's a lot of info & ammo needed for dealing with these leeches.

[zultar69]

nice one trunny ...sorry aint been around for a couple of weeks ...and im putting my moneyclaim in on friday ...so ...fingers crossed

[norvernrob]

Good stuff, that's another court case for them to deal with!

[trundlecat]

AQ returned

[caro]

Does this never end? The only good things are that life must be difficult for YB and their lawyers at the moment, and the interest is still mounting.

[murphy55]

Hi All

Have read your thread with interest. I started my claim against Abbey 40 days ago. However my husband now wants me to claim against YORKSHIRE BANK for him. He closed his account with them 12 month ago has he never had no wage as they would take it all in charges. I now it will be fine to claim on that account, But he has a visa account that is with a collections agency and he pays £40 a week to clear this. I would estimate that half of what we owe on the visa account was occured by charges.

 

CAN HE STILL CLAIM ON THE VISA ACCOUNT OR CAN HE JUST CLAIM ON HIS CLOSED BANK ACCOUNT.

 

Any Help and Advise would be much appreciated.

 

Good Luck To All....

[norvernrob]

You can claim on both.

[trundlecat]

I'm needing advice please folks.

 

Recieved a letter from Yorkshire bank today saying:

 

"I refer to the above claim made by you against the bank. On receiving copies of the statements for your bank account, after defences had been filed with the court, it was noted that your account is held jointly with Mr “My Hubby”.

 

You have failed however to join Mr Hubby as a claimant, or name him as a defendant and thereby failed to comply with CPR 19.3.

 

Please find enclosed a copy of the Bank’s amended Defence, which has been amended to reflect this point. Please confirm in writing within seven days of the date of this letter whether you consent to the Bank amending its defence.

 

Please note that should you fail to provide your consent in writing within seven days, the Bank will make an application to the court for permission to amend the Defence. Please note that should the bank require to make such an application, the bank will seek its costs for doing so from you.

 

If you are unsure of the terms of this letter you should seek your own legal advice or contact your local Citizens’ Advice Bureau.

 

Yours etc etc"

 

 

 

The new para in the defence reads:

 

"3. If, which is denied, the bank is liable to the Claimant as alleged or at all, Mr Hubby as one of the customers is jointly entitled with the Claimant to the same remedy. The Claimant has therefore failed to comply with CPR 19.3, since Mr Hubby has neither joined in the action as a claimant not been named as a defendant, and the action is liable to be struck out under CPR 3.4(2). The remainder of the Defence is without prejudice to the contention in this paragraph."

 

 

Ok, I see what they are trying to do but I don’t have a clue what CPR 3.4(2) is.

 

Any help/advice much appreciated.

 

P.S. I have copied the letter word for word & the terrible grammar isn’t my baby. They’ve also gone on to amend a barrage of spelling mistakes in their first defence in the amended copy. How pro!

[trundlecat]

Have been on the phone to the court & my allocation questionaire is still sat there waiting to go before the judge so I can put a letter in with it saying sorry, in hindsight can this be in joint names please & aparently the judge should grant the change.

 

However, I've read through CPR 19.3 & I don't see any relevance at all. I may be wrong but I think the bank are clutching at straws. To be on the safe side though I'm going to put the letter in & get the claim changed to joint names.

[trundlecat]

Here is the para of they are stating I haven't complied with:

 

NOTICE OF CHANGE OF INFORMATION

19.3 (1) Rule 44.15 imposes a duty on a party to give notice of change if the information he has previously provided is no longer accurate. To comply he must file and serve notice containing the information set out in Form N251. Rule 44.15(3) may impose other duties in relation to new estimates of costs.

 

(2) Further notification need not be provided where a party has already given notice:

(a) that he has entered into a conditional fee agreement with a legal representative and during the currency of that agreement either of them enters into another such agreement with an additional legal representative; or

(b) of some insurance cover, unless that cover is cancelled or unless new cover is taken out with a different insurer.

 

(3) Part 6 applies to the service of notices.

 

(4) The notice must be signed by the party or by his legal representative.

[turt77]

That seems like nonsense trunny (to me at least).

 

It seems to me that they're asking you to admit to the court that you have provided inaccurate information. Don't do it.

 

Surely if the account is a joint account then either of you can file a claim?

[trundlecat]

Hi Turt, thanks for your reply Glad it's not just me who thinks it looks like a load of old *****.

 

Even IF the claim should have been in both names it's easy enough to change it so I'm not letting their latest stunt worry me too much. My main concern at the moment is as you mentioned, I don't want to mess about changing info with the court if I don't have to & from what I've read I really don't think it has to be in joint names. I could be wrong though.

[JMio]

Hiya, I've put this to the other Mod's to see what their approach would be, bear with me!

 

[caro]

My initial thought is that if you are able to sign separately on the account I think you might also be able to act separately. You would need to check this out though.

[trundlecat]

Anyone else any ideas about the joint names issue?

 

I'd best get a letter to court. I'm certain YB are talking rubbish but just in case I'll get the AQ changed to joint names.

[trundlecat]

Letter hand delivered yesterday with urgent written all over the envelope.

 

Now I have to decide weather to write to YB giving them permission to change their defence or not. Could really do with some advice here guys

[JMio]

Hi again, here's what a few of the other Mods reckoned:

 

I thought joint bank account were 'joint and several', meaning that the bank can recover their money from either of the account holders. It surely stands to reason that it also works the other way round, and that either of the account holders can recover money from the bank. If not, then what happens if only one of them wants to recover their money? Are the stuck until the other agrees?

 

In any case, I would say that this is a question for the clerk of court. And I would say that there is a 99.999% certainty that the court would allowed an amendment to the claim to add the other account holder.

 

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I quite agree. I have a joint account, in which either me or DH can add money, withdraw money, add standing orders, cancel d/d, etc... A d/d instruction does not have to be signed by the both of us, so I don't see why I should name him as a co-claimant. And btw: . So, hubby is supposed to choose sides or something?

 

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19.3: Quote:

 

Procedure for adding and substituting parties

(1) An application for permission to remove, add or substitute a party

may

be made by -

(a) an existing party; or

(b) a person who wishes to become a party.

 

(2) An application for an order under rule 19.1(4) (substitution of new party where existing party's interest or liability has passed) -

(a) may be made without notice; and

(b) must be supported by evidence.

 

(3) Nobody may be added or substituted as a claimant unless -

(a) he has given his consent in writing; and

(b) that consent has been filed with the court.

 

(4) An order for the removal, addition or substitution of a party must be served on -

(a) all parties to the proceedings; and

(b) any other person affected by the order.

 

(5) When the court makes an order for the removal, addition or substitution of a party, it may give consequential directions about -

(a) filing and serving the claim form on any new defendant;

(b) serving relevant documents on the new party; and

© the management of the proceedings.

My gues is that Hubby can only be added if he consents in writing to the court...the bank can make the request and no more...

 

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Quote:

Originally Posted by Spiceskull

19.3:My gues is that Hubby can only be added if he consents in writing to the court...the bank can make the request and no more...

 

I think you're quite right Spice. This is just more blather from YB/Clydesdale. I think in the fullness of time I'll put together a nice dossier of 'funnies' from CB/YB and write to their Chief Executive, poking fun at their stupidity. Probably copy in the head of the FSA too. And maybe a couple of newspapers.

 

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Hope this helps! - It would appear that Robertcx & SpiceSkull are your best bets for any further help on this!