Shanusascarabus V Yorkshirebank

[zebbydog]

I was transferred there the other day.Basically it is a higher court and they are hearing lots of cases on the same day next up is feb 7th i think.Dont think the banks want to step in there as they will probably have to disclose to the court how they arrive at their charges

[shanusascarabus]

So what you saying then.... that its unlikely that the bank will show up??

[moss]

The Mercantile is not the usual court. A case tried here would be a test case which could settle all the rest , YB are going to want to avoid this at all costs, so the chances are that they would settle quite quickly to avoid it. There is a special forum for cases being sent to the Mercantile Court as i think the preparation is different so if you do get sent to the mercantile i'm sure a Mod will advise.

 

Regards Moss

[shanusascarabus]

Gulp!!! oh well I got my letters from MCOL stating that the case had been moved to Leeds.... You guessed it guys YB succeeded in getting the judgement set aside.... on the basis that they never got the forms before judgement was issued, and they believe they have a real prospect of successfully defending this claim and that a draft defence is exhibited on the later pages... they have also disputed the claim amount..... I was quite worried at first after reading it all but then I saw their defence and kinda chuckled to myself and it settked my nerves a bit

[moss]

Don't worry about their defence the only real prospect that they have is paying you out in the near future. Do you know if you've been transferred to the mercantile court yet, i think Caro might have a list of case No.s that have been.

 

Good luck. Moss.

[shanusascarabus]

No moss, it just says Leeds County Court... up to now anyway.... one question though, obviously i aint scared by their defence as its the usual charges are not compensation but a fee for the services provided and covering the cost of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques, blah blah...you have all read em before... but my question is, what if my claim amount is wrong??... wht will happen then, im mega sure its right ( or as close as ).... is this just another standard part that they put down?

[moss]

It's usually the Bank that has added up the list of charges incorrectly. they have made this claim with a few others on here and just another tactic, i don't think it makes too much difference as they won't be going to court anyway. If you do recheck your statements and your claim amount is wrong and you need to you can amend your claim on a N224 or application notice. probably someone else that has been in this situation will advise you better.

 

Regards Moss

[caro]

They disputed the amount of my claim, so I asked for their breakdown of the figure they arrived at. After about 3 months I got it, and they had left off the overdraft interest I had claimed, and also had a daily charge I'd missed, so nothing to worry about.

[shanusascarabus]

Cheers caro and moss...... So what are the actual chances of the banks turning up to court then... I reckon they will turn up just to try and put people off going further and also to delay things

[moss]

If they actually turned up in court they would have to defend your claim which would mean demonstrating that their charges are fair and if they could do that they would of done it with the first case. I can't imagine that the courts are too pleased with them either, as these bank claims must be allocated a lot of court time and the banks never turn up, This might be the deal with the mercantile court, if they put groups of cases together from different banks and they submit a defence and none of them actually defend in court then it would be obvious that they are abusing the court system, and the mercantile court have more powers than the small claims court, but we'll have to wait and see on that one.

 

Regards Moss

[shanusascarabus]

Whats my next move then guys... do I just sit back and wait to be contacted frm court or bank then or do I have to do anything??

[moss]

I'm at a similar stage as yourself, YB have sent me a copy of their defence, so now i'm waiting for the court to send me a copy of the defence and an Allocation Questionnaire.

 

regards Moss

[shanusascarabus]

Cheers Moss, and good luck with your claim:D

[shanusascarabus]

Still waiting:mad:

[moss]

Me too

[shanusascarabus]

Hi guys, well to my surprise I've got an offer through from Clydsdale... its pretty much the full amount but without the interest this is because.. as the letter says......

No offer is made in respect of interest as that is awarded only at the discretion of the court, and in our view the court would not exercise its discretion to award interest in your favor given that the charges were levied as a result of your own actions and failures....nice eh

 

has anybody else had this letter and is it just the standard issue??

[zebbydog]

Pretty much.Did they include the AQ fee as well?

[shanusascarabus]

AQ fee??... They returned my MCOL fee of £120... is that what you meant

[zebbydog]

I thought as much.Your court costs are £120 + £100 AQ fee = £220 court costs.They did this with me last week and done it to lots of others.Dont know if it is their way of trying to put you in your place or just taking the p**s,or they think they have scored a point.What they dont seem to realise it gets peoples backs up and can be the difference between peeps settling or declining

[shanusascarabus]

sorry to sound a little silly but whats this AQ fee for:confused:

[zebbydog]

You pay the £120 cost to take out your claim.Then when you fill out the Allocation Questionaire to determine which track your case will be held on,ie fast track,multi track, etc this incurs a further £100 fee

[zebbydog]

One thing if you qualified not to pay it,because of personal circumstances, on benefits etc.then it wont be reclaimable

[shanusascarabus]

I see, I have not filled in any AQ forms... all I have done up to now is do the MCOL.... the case has been transfered to Leeds County Court and im yet to hear from them....maybe this AQ is the next part of the proccess? ( Documents from Leeds Court )

[moss]

As far as I'm concerned this bank has been earning interest on monies unlawfully taken of me for many years and i want it back. I gave them the opportunity to settle without paying interest and they knocked me back so it's no good offering me charges only now.

[shanusascarabus]

Yeah I agree Moss.... they had their chance to pay up 4 months ago..... so i guess a letter is in order, basically thanking them for their offer but no thankyou... tell them they had their chance months ago and I would be persuing the interest... also that their figure was £200 short of mine ( And i did double check ) but would be happy for them to deduct the actual cost to them if they disclose them..... or I guess one of you can give me a better idea of what to send.

 

Cheers