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I wouldn't worry about it Zultar.

 

The 8 weeks is related to their internal complaints procedure and nothing to do with your statutory rights.

 

Ignore it and carry on.

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well i finally received their defence today but ..i didnt put my wife on the claim and i know trunny had a bit of trouble with this they want it struck off cos i failed to comply with cpr 19.3 and they say it is likely to be struck out under cpr 3.4(2)after that it is the usual defence that we ave all been getting ..can someone tell me if i ave to send a letter to the court stating why i disagree and dont want the case struck off or do i put my reasons in the allocation questionnaire..it was nice to see that the case as been transferred to my local court .

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You don't need to respond to their defence. I believe that as you can act independently on your account signing cheques etc, you can also claim independently. I believe Trunny put all the details in her thread which is now in the YB/CB Successes sub-forum. It might be worth a letter to the court when you submit your AQ stating that you understand that you can claim independently, but will amend your claim to put it in both names if the court believe it is necessary. This would cost about £35 (I think), but of course you could add that to your claim.

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i received a letter today from kirsty ross saying that i have got 7 days from the date of the letter (29/09/06) to apply to the court to have my wife added to the claim or they will be applying to the court to have the case struck out because of my failure to comply with CPR 19.3...when i handed in my AQ i also handed in a letter to say that if the court required it i would add my wife to the claim ...but i havent heard anything off the court yet ....do i just ignore this threat off clydesdale or is there something that i should do in reply ???

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Well up to now I have been convinced that this is a try on, but I have to confess that I am struggling to get a really good answer for you. I have been looking at CPR 19.3 which refers to lots of other CPRs as well. I am posting the link here to what I am looking at, and I have asked other mods for their views. Take a look and see how you get on. I think it is worth asking the court if they can advise you as well.

I have advised some people to write a letter to the court, with the second person signing the letter as well to say that they agree for the claimant to act for both. This is not tried and tested, and may or may not be adequate.

CPR - Parts and Practice Directions

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Aha Robert has posted and confirms my original thought on this. See what you think.

http://www.consumeractiongroup.co.uk/forum/post-279901.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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i received a copy of the ybs AQ today and they ave ticked they would like more time to sort out a settlement and they ave also put on it that they will shortly be applying to the court to ave the case struck out due to the joint account thing ...i guess i will ave to wait and see what the court say about that

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  • 2 weeks later...

well it seems that the district judge in my case anyway aint taking any notice of this threat because ive this morning received a letter saying that my claim as been allocated to the small claims track on or after the 18th december ..ive got until the 11th december to send all documents and evidence that i am to rely on to the court and also the defendant ....i will ave a scour around the forum to find out what im gonna need and ...well at least it is good news on the CPR 19.3 issue ...

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That is very good to know. Did you take any action to resolve it or just let YB get on with it?

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Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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that is excellent news.....makes me smile

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Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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i just let them get on with trying to get it struck out ...and hoped like hell that the judge would see sense...lol

 

I love it! Common sense prevails! Another triumph for the little man. (No offence meant by that).

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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