Jas v YB - some Qs

[jasmineuk]

I filled in my MCOL 2 weeks ago and the Bank have acknowledged service. I;ve had a letter from them today saying:

1. I haven't provided details of the account I "claim" to hold with the bank - eg sort code, account number etc.

2. If I do not provide these details by 26th September they will apply to the Court to have my claim struck out and then claim costs against me.

 

My problem is I did provide these details, with the Prelim letter and the LBA. I filled in the MCOL on line so couldn't include it with that. Am I ok to send to YB the list of charges and my 8% interest or are they referring to something else?

Jas

[rascal3103]

Hi Jas,

 

I also did not provide my account details on my MCOL, but did in my LBA and Prelim. I would perhaps just write to the court and ask for this information be attached to your claim, also copy it into the YB so they have it. I know its a pain, but it shows you have done everything they have asked.

[jasmineuk]

AArgggggh! Just got a letter from Clydesdale Bank in response to my MCOL I did (this was for the joint account I have with Mr Jas) saying that I need to put his name on the claim (and I REALLY thought I had done that) and I have to let them know within 7 days whether I intend to apply to the Court to amend the Particular of Claim, otherwise they will apply to have the claim struck out. I realloy thought I had included him - how do I go about adding him to the claim? Do I have to issue a new MCOL or just amend the one I've started? Is this just delaying tactics by YB or have I really dropped a major clanger?

Jas

[caro]

From the FAQ's

Q: We have a joint account, do we both need to apply/sign when reclaiming?

 

A: If you both have authority, no.

 

Also read this thread from post 91 which I hope will help. I think they are trying it on and employing every trick they can think of to scare you off.

http://www.consumeractiongroup.co.uk/forum/yorkshire-clydesdale-bank-successes/1438-my-claim-against-yorkshire-5.html

[jasmineuk]

Thanks for that. So what do I do now? If I do nothing, YB will apply to the Court to have my claim struck out??

Jas

[caro]

You seem pretty sure that you put both names on. Have you got a copy you can check or you can see a pdf of it on the MCOL website? If it has not been transferred to your local court yet I suggest that you phone MCOL and ask them if it is alright with one name. Just because YB ask to have the case struck out, does not mean that they will succeed in this. I really think it is a delaying tactic. If you amend the claim to add your husband that might entail a hearing for the judge to agree to the amendment. You could just write back and point out that you have authority to act independently on the account. Read around the threads where YB have tried this trick and see if you can find anything that might help.

[jasmineuk]

Hi Caro, well I WAS pretty sure I'd included both our names but on looking at the MCOL confirmation form, it seems I didn't. I will ring the Court today and ask what I should do.

Many thanks

Jas

[hoogie32]

Jas

 

What branch in Blackpool are you dealing with? As I am in Blackpool too!!

[jasmineuk]

I have two accounts - one at Layton and one at Central Drive. You?

[MARTIN3030]

can I just clarify that if it is a joint account and one or either party can sign,then its perfectly ok for one party to claim.

 

This re-inforces Caros advice.

 

Sorry for any missunderstandings:rolleyes:

[rascal3103]

its impossible to put a second claimant on the MCOL there is not the space. I checked tyhis with the helpdesk when i did mine. I pointed this out in my AQ when i received it it.

[Robertxc]

This is (yet another) nonsense threat from YB/CB. Joint account are 'joint and several', which means that they can come after either of the holder for the full amount owed if you default. Obviously, the same principle applies in reverse, so either of the holders can go after them if they've been ripped off. What if one of the account holders dies, or becomes incapacitated? does the other lose any rights to legal redress? I don't think so.

[hoogie32]

Jas - Im at Layton too.

 

lol

[jasmineuk]

Hoogie32 - you'll have met Garry Wilkinson then?

[jasmineuk]

I spoke to someone at MCOL helpdesk and they said they didn't "think" it was necessary for me to apply for the Particulars of Claim to be amended as it was up to the judge's discretion anyway to do any striking out if YB request it. However, I've done it anyway (dont want to give YB any chance to say I haven't complied with anything or co-operated) and written to the Bank telling them I've done as they requested but that the £35 will be added to the claim. They really are bullies arent they.................

Jas

[hoogie32]

Hoogie32 - you'll have met Garry Wilkinson then?

 

Is he at Layton?

[jasmineuk]

Yes!

[hoogie32]

i think i know who it is

[jasmineuk]

I received a copy of YB's Allocation Questionnaire in which they asked for one month to resolve the dispute, yet they have made no effort to contact me. Presumably this is normal? What is the next step - a hearing date?

[caro]

Is you Allocation Questionnaire in as well? The judge will look at both and decide on what happens next. Could be a stay or if you're lucky a court date.

[jasmineuk]

I completed my AQ weeks ago then I got theirs. In it they said they were applying to th Court to have my claim struck out as I didn't include Mr Jas in it. A very helpful lady at the Court advised me to leave it as it was and it was for the Judge to decide if Mr Jas needed to be on the claim, not YB - and the Judge would give me time to do it in any event, not just strike it out. She said they were used to Banks' bullying tactics! Jas

[rascal3103]

its nice to know the courts are getting used to this. The more the courts see this crapy behaviour by the banks, the more in our favour

[caro]

Have to wait and see what the judge orders then regarding the strike out. As I understand it they might want a hearing to decide on that, or he might just not allow it, or you might be given time to amend it. In my case the judge allowed the stay even though I hadn't agreed to it, so that might be another option.