Shanusascarabus V Yorkshirebank

[shanusascarabus]

Great stuff.... got letter from MCOL stating that the registry of judgements, orders and fines are unable to register the judgement... if its not registered it cannot be enforced, the reason as it reads is

 

We are unable to register a firm/limited company. Please advise if the judgement relates to:

 

a) Limited company trading as a firm

b) Joint judgement against firm and limited company

c) Firm only

d) Limited company only

e) Firm part of address for limited company e.g. accountants or solicitors.

f) Other - please specify

 

 

Now what are they on about... when i filled in the MCOL i gave them my banks branch address and thats about it

[shanusascarabus]

Regarding my above problem.. I need to fill the above form out and send it back to Mcol..... which of the above do I need to fill in, I'm guessing they cant find Yorkshire Bank as a company as its owned by Clydsdale...who in turn is owned by the National Australia Bank, the form above needs to be filled in and sent back asap so they can enforce the judgement.... has anybody else had this problem

[zebbydog]

New one on me this.I think it is Clydesdale trading as YB Plc.So that would be A above.At least thats the way I see it:confused:I would be inclined to fill it in like that and send a covering letter listing your branch address and the head office address in Leeds (this who your claim is against) also add the Clydesdale address.Who did you name as the defendant when you went to MCOL?

[zebbydog]

Well its 13th, went to enter judgement by default but it wont let me... still says they have 14 days or something even though on the form sent by mcol todays the deadline date

 

That was correct.They had 14 days to respond and a further 14 days to enter a defence.If they didnt defend in this time you should win by default.but it makes me wonder why they didnt defend.Who and what address did you use on the MCOL form as the defendant you were claiming against.

[zebbydog]

Well its 13th, went to enter judgement by default but it wont let me... still says they have 14 days or something even though on the form sent by mcol todays the deadline date

 

That was correct.They had 14 days to respond and a further 14 days to enter a defence,total 28 days.If they didnt defend in this time you should win by default.but it makes me wonder why they didnt defend.Who and what address did you use on the MCOL form as the defendant you were claiming against.

[shanusascarabus]

Yeah im just doing that now, I was a little worried about putting the Glasgow address as i'm sure it will complicate things with English/Scotish laws..... typical this is.... I dont suppose you know the full YB head office address in Leeds do you

[zebbydog]

Give me 10 mins and be back to you:rolleyes:

[zebbydog]

Here you go

 

Yorkshire Bank PLC. 20 Merrion Way. Leeds LS2 8NZ

[shanusascarabus]

Cheers, thanks for that zebbydog, well ive put all 3 on there now, stated my local branch im claiming from, the head office in Leeds and the Clydsdale part with Glasgow address....hope that helps em

[shanusascarabus]

Well what a surprise....not, got 2 letters this morning from the bank, the first one is dated 28th December and is from customer relations dept of Yorkshire bank in Scotland and reads

 

I refer to your recent letter regarding your claim for the reimbursement of fees applied to your account over the last 6 years which you consider unlawful.

The banks position remains as outlined in our letter of 15th November 2006

I am also aware youthat you have already lodged particulars of claim with your local county court which takes precedence over the banks complaint process.Any further correspondence will originate from the banks legal department.

If you are unhappy with the way in which your complaint to the financial ombudsman within six monthsfrom the date of our final response letter to you... then the adresss blah blah blah

 

 

now the second letter is dated29th Dec and is from legal services dpt of Clydsdale bank, also based in Glasgow and reads-

 

Claim number +++++++

 

I refer to the above claim that you have raised against the bank in which judgement in default has been entered. Please note that we are now dealing with your claim and are making an application to set aside the judgement.

 

Judgement in default came to be entered because the morley branch had not recieved the claim form ( BULLSH!T).

 

You should take independent legal advise or contact your local citizens advise bureau if you are unclear on any of the terms of this letter

 

yours sincerely

 

Solicitor- Dispute resolutions.

 

 

How the hell can they get away with that...It seems so strange that they get every one of my letters that are recorded....miss the one from court but then get the one from them saying they have lost by default...its absolutely proposterous ( big word he he he ).

 

So now what then......

[zebbydog]

First letter is the standard one.Second letter is INMHO a load of bull.They knew what date they had to enter a defence by and if they missed it well then thats tough.They lose by default.As they stated in the first letter the legal dept in glasgow was supposed to be dealing with it not the branch in Morley.I would write back to them pointing out these facts and tell them unless they settle at once.You will be contacting the court with the salient facts and that they failed to defend because of their own incompetance.Quoting the contents of their first letter

[shanusascarabus]

It really is a load o cack isnt it, Just how many court letters can this bank " Not recieve ", honestly.... how this bank gets away with it i will never know......they only " never recieve" the first letter from court but all of a sudden they seem to recieve the default letter, its just so obvious that they are wasting time its untrue and the court must at some point notice this

[zebbydog]

Exactly.Get in touch with them and tell them that they are deliberately wasting the courts time with their obstructive behaviour and you will be contacting the court to point this out. They made the mistake,they lose.

[zebbydog]

Looking at their second letter,they say they are now dealing with your claim.I think you will now get an offer or they will apply to have judgement set aside in order to negotiate with you ( another delaying tactic).Ask them if they want to settle now or have a CCJ recorded against them.

[shanusascarabus]

Yeah, will do something like that..ill sort something out on monday..cheers once again

[JulesTools]

Hi

Been quietly following this one in the background,seems to me YB`s legal team are either completely incompetent , snowed under with claims , or just very clever.IMHO the latter can be discounted.

 

I tend to agree with Zebby on this one write a letter to both the court and Glasgow stating your disgust .

 

Jules

[zebbydog]

It seems to me that the local branch failed to pass on the court docs to the legal team and now they are trying to squirm out of a mess of their own making.The papers would have been deemed to be served by a particular date.That should be end of story.Otherwise we can all break the law and get away with it by saying."hey I never received the papers so its not my fault"

[shanusascarabus]

I think i have a new problem, well after reading the above letter from MCOL saying they something about not being able to enforce the default... please read previous threads... well I sent them back my branch address followed by the Leeds Head office address and finally the Legal department address which is in Glasgow... well I just checked up on MCOL and they have entered the Glasgow address and now when I go to continue it wont let me as its an address outside England/Wales... please help me out guys as im proper stuck now

[zebbydog]

I would ring the court and explain what exactly has happened. Point out that Yb failed to defend due to their own incompetence.Also point out that you claimed against an address in England when you first filed at MCOL.(I trust you did file against an address in England and not against the one in Glasgow?).As for MCOL not letting you continue,this is probably how their computer is set up and it wouldnt let you continue by default,this also happens when a defendant enters a defence.As long as you used an address in England when you first went to MCOL,you should be ok.You really need to ring the court

[shanusascarabus]

well i paid my judgement/enforcement fee today online and manually changed the address back to my local branch so hopfully that will do for now and ill sit back and wait for my first crappy offer

[shanusascarabus]

Right then, well just got off the phone to MCOL and got somebody who was training ( Bless )..... he said that my case has now been transfered to Leeds county court and advised me to give them a call on Friday ( Does this mean that Yorkshire **** have entered a defence?... if so im not impressed ), as for the warrant fee iv just paid he said it will be just cancelled and the fee returned.

[zebbydog]

yes it looks as if thats what has happened:mad:

[shanusascarabus]

How annoying is that though...how this bank gets away with time wasting ill never know.... whats the next standard steps then?

[moss]

Aren't cases that are transferred to Leeds being sent to the mercantile court, i think that Jules and a few others have been.

[shanusascarabus]

Whats a mercantile??? sorry to sound daft but all this kinda stuff is new to me, however your correct I know a few have gone to this " mercantile"