twoofus v YB ***WON***

[caro]

It really depends on the judge, but if they didn't submit a bundle or turn up in court they would more than likely lose by default. Not really worth speculating though as it won't happen.

[hilaryfrances]

Hello twoofus, well todays Wednesday, andy developments?

[sajabu2003]

Today is Tuesday Hils lol

[twoofus]

Hi Hils,

 

No progress as YB have not sent us their court bundle yet.

I tried to ring the court today but they were closed, but i will be ringing them first thing in the morning.

[caro]

Don't hold your breath.

[hilaryfrances]

oops I have only been out of work a short while and I dont know what day it is already! Must be old age and insanity. Well TODAY is Wednesday, keep us posted Hils

[twoofus]

Phoned the court yesterday, thats Wednesday to you Hils;) and they haven't received YB's bundle. They said pretty much what Caro said they would (not that I ever doubted her knowledge......show off.lol ).

 

Basically, its down to the judge, we can send a letter to him telling him we haven't received it and he can:-

 

A) Send them a letter telling them to get one sent in.

 

B) Make a Judgement

 

C) Delay the hearing until we receive it although they said this is unlikely as they are very busy.

 

If it gets to the day and we turn up and they do with their bundle we could request an ajournment on the grounds we haven't had time to look at their bundle, or, he could again make an instant judgement as they haven't complied with the courts request.

 

Looks like it could go the whole way though as even if they sent a cheque in morning for the full amount the cheque may only just clear before the court date. If it takes 5 working days then Monday would probably be the latest we could receive it to stop our day at court. Here's hoping

[sajabu2003]

When's your court date twoofus?

[twoofus]

Its 12th June mate. That will be 9months to the day since we started:eek:

[sajabu2003]

Mine's in 6 days and heard nothing from YB so looks like I'll be going to court on the day Keeping my fingers crossed for you.

[twoofus]

I'll keep a close watch on what happens with you as you're a week before us. Likewise, fingers crossed for you.

 

Good luck

[twoofus]

I'm from Hull and I have just sat and watched our local news program, LookNorth, on BBC 1 with shock and amazement. :o

 

It stated that a Hull judge ( name was something like Besford, sorry didn't catch his name properly as I was in shock) has said that as of July 4th he is going to throw 20 bank charge cases out with reference to the Lloyds case in Birmingham. He is not even going to hear the cases.

 

Did anyone else see it. Surely he can't do this, surely we have a right to have our cases heard, I thought thats what the small claims court was for so that us 'Minnows' can challenge the rich without the costs. :?

[jansus]

the site is aware of this and are working on it. they are asking for details of anyone else who is due up in this court to get in touch.

 

There are comments on a "sticky" thread in Lloyds.

 

janus

[sajabu2003]

Read this Hull County Court Strike out orders

[twoofus]

I don't know how I've missed this, i'm always on this bloody site and I'm from Hull so normally notice anything to do with the place.

 

I just had a 5 minute panic but I should have known that the CAG gang would have it in hand, as you know my wifes claim is at the Hull court on 14th June so its not affected but I have a claim waiting aswell so got a bit flappy about that.

 

Bloody BBC, whether its TV or Radio they never get the whole story right, gits.

 

Found this aswell Judge to strike out bank claims

 

Thanks Guys, I've stopped palpitating now

[twoofus]

Also this BBC NEWS | Business | Lloyds wins second charges case

[caro]

You gave me a fright for a moment twoofus. I forgot you are from Hull but thank goodness your YB claim is unaffected. Didn't your judge use the draft directions.

[twoofus]

To be honest Caro we don't bloody know, we just got a letter with a court date on it but in the draft it asks for 1 hour but he has put 3 hours aside so probably not.

 

My worry is that we have another 2 claims waiting at MCOL stage, we wanted to take one through the court process first to get our bearings before we did the other 2 but depending what this bloody judge does it could knacker those 2 up. How can he do it without taking each case on its merits, only in bloody Hull!!

[hilaryfrances]

calm down dear, you are getting yourself in a right old tiz. And heres me without any idea of even what day it is. If you read the thread that has the report from the Austrailia Bank you will see they report in black and white that because of the reduction in BANK CHARGES their profits are down. We have them bang to right s I think Hils

[stevepm]

Guys sorry to but in form NatWest side but would you consider doing the return on the Bank. Do you get a CPR18 request asking for more info. If so the response in your cases in Hull to put this judge in his place is to send a CPR 18 requesting information I have put the words I used belowNOTE – IMPORTANT1. This request is served pursuant to CPR Part 18 alternatively to CPR Rule 27.2(3)2. The reason's) why this request has been served are set out in the claimants case which has been served on the plaintiff.3. You are asked to provide a response to this request in accordance with CPR 19 by 15th June 20074. In the event that you do not provide an adequate response to this request by this date then the plaintiff can apply to the court for an order requiring you to provide the information requested an order to striking out the Defence. The RequestThe Defendant shall, by the 15 June 2007 thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed; The attached schedule lists the charges that the claimant is claiming form NatWest Bank PLC.1 What is required by the defendant:I. Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;ii. Whether such charge is accepted to be a penalty, and if not why not;iii. If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss;iv. If such charges are not alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions then facts and matters showing the basis upon which the charge was calculated and all evidence to show that the charge was fair and reasonable.2. Any witness statements.3. Copies of decided cases and other legal materials to be relied upon.This information to be supplied by the 15th of June 2007. If the Defendant fails to comply with this order, it is requested that the Defence be struck out without further order.It is also noted that these direction where originally requested to the court on the 20 March 2007This would mean, I think that the Fudge, oops sorry Judge, would need to think carefully about his attitude to Plaintiffs.StevePMIf you find this useful please click my scales

[theodane]

I'm watching and sending good wishes to the two of you (twoofus and sabaju2003) as my court date is the 21st.

[ShinyMac]

I am going to try ringing this afternoon. I have received the "excuses" letter today, and it's not good enough. I want my information!

[thetenter]

I sent an email to the address above last friday(early am) and have just got back from Scotland this afternoon and no reply.I did get a letter dated the fourth about how my 40 days are almost up and they have a backlog........they seem a bit late at sending it as it's now over 70 days.

[twoofus]

We have Settled our Claim....Finally. :grin:

My wife turned up at court today on her own ( of which I am very proud of her) and won.

 

When she arrived there was a Representative of the bank already there waiting, so my wife went over and introduced herself as instructed in the guidance notes and sat down waiting for her time in the court. The Rep soon came over and asked if he could have a word. He didn't have any documentation at all and in fact my wife said he had 2 pieces of blank paper and a pen (very prepared, not :-| ). He then basically offered everything we had claimed and stated the bank wanted to settle outside of court.

 

My wife refused to just agree to everything outside of the court and said she would accept the terms but wanted it stating to the Judge, simply to avoid them being able to mess us about anymore. They went into the court, the rep told the Judge he wanted to settle, he asked for the amounts, whether interest was added (it was) whether costs where added (they was) and if my wife was in agreement (she was). The Judge stated the Tomlin order and made them sign it which apparently means that they have to provide us with a cheque that should be cleared within 14 days.

 

This was in Hull which has had a bit of press lately but the Banks where still not prepared to test their cases at court.

 

Thanks for all of your support it has been invaluable and encouraging, at times of doubt you all gave us the confidence to continue and espeicially to Caro and BF for there advice in the later stages, you made my wife believe, and in the end she was far more prepared and Knowledgable than the Banks Representative.

 

Now we know first hand that these banks are truly running scared and will not allow a case to court that has been properly prepared.

 

Reclaim the right.

[theodane]

That's brilliant news and well done to your wife.