Davies v Yorkshire Bank

[RossD1968]

Well here we go, YB filed their defence and details provided, swiftly followed the following day by confirmation from the courts and details that my case has been transferred from Northampton to Bury.

 

As with so many of late, it seems that they are now dispensing with the AQ. So I will be onto Bury court tomorrow to check about any fees, and will be sorting out my draft directions aswell.

 

It seems that YB are putting up a standard defence, but wondered whether anyone had had any problems with their claim being lodged against "Yorkshire Bank", rather than "Clydesdale Bank trading as Yorkshire Bank"?

 

It still amazes me, particulalrly after the whole Whistleblower prog, that they have the cheek to deny that their charges were not a disproportionate penalty......but lets see what the judge says...LOL

[caro]

It hasn't caused a problem so far whatever they care to call themselves, and I quite agree that the bare faced cheek is quite shocking. They still haven't had the nerve to go to court and try and prove their case though, so as you say, lets see what the judge says.

[RossD1968]

Thanks Caro.

 

Also wondered from moving from thread to thread, if someone could direct me to one that I am sure I read afew days ago.

 

It referred to some additional wording that was suggested for insertion into the draft directions with regard to the requesting all details about CYNthesis.

 

Can anyone help, or is it simply a case of using the draft directions as suggested by BankFodder and GaryH (and others who I don't wish to offend by omitting;) )

 

Cheers

 

Looks like my photocopier at work is gonna get a hammering!

[sajabu2003]

I think the thread you are on about is here... It's a business account claim by LizzyBee

 

LizzyBee's Claim

 

Post #40

 

Sarah.

[RossD1968]

Thanks Sarah, I shall get straight onto that research.

[RossD1968]

Dropped my letter to court and draft direction into Bury county court by hand on Monday. Also very thoughtfully provided a copy to Kirstie Ann in Glasgow.

 

Not sure I really needed to as I am sure they have all the details of those members here who are claiming and so are aware of the ones who are not likely to get cold feet;) . They must also be fully aware that once everyone starts sending in a request for draft directions, that they are onto even more of a loser than they were in the first place. Lets just hope that this dispensign with the AQ speeds things up and gives the bankers less room for stalling.

 

I await my offer .....so if you are reading Kirstie (or YB AQU) you may aswell save time and just make me a FULL offer.

[RossD1968]

Just wondered whether there has been any news that I may have missed with regard to those YB cases that were meant to be dealt with at Mercantile last week???????

 

Did the Judge get wise to YB's efforts at further stalling?.....

 

......or has anyone found that the judge agreeing to the draft direction has resulted in an offer from the *ank(ers)?

 

.......Oh yes...and if YB are reading can you hurry up and make me an offer so I can try and get a ticket to Athens:-D

[RossD1968]

So in the post today came somethign that provided a mixture of excitement and disappointment.

Disappointed that YB hadnt been paying that much attenmtion to this site as to make me an offer yet!!!!

....and excitement in the fact that the Judge has issued an Order.

 

After dropping in my Draft Direction by hand to Bury County Court on 23/4, I had heard nothing and was on the point of contacting them to see if it had been placed before the judge. Goin gon how things have gone for Moss, I was thinking that it could take ages for this.

 

So....In the Bury County Court

 

"On Wed 2nd May 2007

 

Disdtrict Judge D sitting at Tenters Street Bury Lancs considered the papers in the case and

 

Ordered that:

1. The claimant shall not later than 16.00hrs on 18/5/07 file at court with a copy for service upon the defenant a statement of case setting out with the clarity required to prove the claim at trial each and every item which the claimant seeks to recovergiving the date and amount of each such sum together with the calculation of interest claimed in respect of each.

2. In default of the compliance with para 1 above the claim shall stand struck out without further order.

3. Because this Order has been made by the Court without considering representations from the parties, the parties have the right to apply to have the order set aside, varied or stayed. A party wishing to make an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this Order."

 

Now I am a little stuck her, as after ringing the court they stated that the Judge would have seen all the papers, including my request for a Draft Direction, yet I am unsure whether this order is granting me what I was looking for. This, as it makes no reference as to what YB have been instructed to provide.

 

Has anyone else received this or a similar Order? Is this the standard reply to the Draft Directions (as put forward by Zoot & others)?

 

Also wondered whether I simply need to provide 2 copies of my SOC (all charges + debit interest as per complex spreadsheet), along with 2 copies of the standard spreadsheet detailing my request for Interest as per S.69?

 

...or is this Order effectively asking me for a court bundle?

 

....and as a last thought, if YB have got a similar order, will this prompt and offer?

 

Grateful for as many answers and info as possible. I think my night shift on saturday will be spent printing and copying.....just glad I wont have any problems with paper and printing.

[caro]

Sorry if I'm being dense, but did you send a schedule of charges for the court when you made your claim?

[RossD1968]

Cheers Caro,

 

Yes I did. Initially lodged with MCOL and then followed that up with sending 2 copies of my SOC (basic, inc 8% & complex spreadsheets). These were sent the following day with a cover letter detailing the case they should be attached to.

 

I did think it a little odd that they would want these again, but then if the court ask I shall oblige!

[Michael Browne]

1. The claimant shall not later than 16.00hrs on 18/5/07 file at court with a copy for service upon the defenant a statement of case setting out with the clarity required to prove the claim at trial each and every item which the claimant seeks to recovergiving the date and amount of each such sum together with the calculation of interest claimed in respect of each

As well as a schedule of charges, I would send a Statement of Evidence asw well. See here:

New strategy for Allocation Questionnaires

[RossD1968]

Michael, I would doff my cap to you if I were wearing one. Many thnaks for pointing me in the right direction...once again:D

 

Another point which has crossed my mind whilst goign thru my SOC's......

 

...do I send a SOC from the date of my Prelim letter and just hope that the Judge will instruct interest to be paid to the date of settlement?

 

Or...send SOC showing amounts inclusive of interest up to the date that I lodged my claim with MCOL?

 

Basically, what is the cut off point?

 

Cheers in advance.

[Michael Browne]

send SOC showing amounts inclusive of interest up to the date that I lodged my claim with MCOL?

 

Yes, if you haven't kept a copy, click on the time in your taskbar and set the date to the date you filed. Open the s/s and print off. Re-set the date.

[RossD1968]

You are indeed a star. Cheers Michael.

[RossD1968]

Just an update,

 

All docs submitted as per the order from the judge and after ringing the court, have been advised that all papers were passed to the judge on 23rd May. So hopefully the next step should be my court date.

 

Strangely enough though, despite me sending copies of my statement of evidence to be passed to YB, I have yet to receive anything from YB. I know that they usually try and delay matters as long as possible before submitting, but I am hoping this means that I may hear something from them direct. HOPE SPRINGS ETERNAL!

[RossD1968]

Shock horror, YB have actually made contact.:o

 

Although you will probably not be surprised to know that their first offer is of course derisory....£200!

 

I shall of course be ripping the chq in half and returning it and pointing out that with every day that passes the costs go up.

[RossD1968]

Finally....court date provided for 24/07/07........but sadly business means I will be in London and so will have to contact the court request alternate date.

Having contacted the court earlier to day to check that I could do this, I also requested details of the directions the judge placed on YB. As he ordered that I provide a Statement of Evidence & SOC (with copies to the bank), in line with the CAG request fro Draft Directions, I presumed that he had also requested the same from YB. However, as I have yet to receive anything from YB, it seems that they have not complied.

Lets hope that pointing this out to the Judge may move him to strike out the defence. we can but hope.

[RossD1968]

Well still nothing forthcoming from the bank. So rang the court to day and was amazed to find that the Judge had not in fact made any Order in respect of YB.

I had thought that by sending the request fro Draft Directions, both parties would have been required to provide evidence of their cases...how wrong I was!

Wondered if anyone else has been in this position???

Surely if one side is requested to provide Statements of Evidence, that should apply to both sides? Also, surely Judges are now wise enough to all the stalling tactics and would insist on going along with the draft directions in order to prevent the wasting of the courts time.

Whinge over, lets just wait for that new court date.

 

Cheers all

[caro]

Regrettably the courts are under no obligation to follow draft directions. I would have thought that at some point YB would be required to submit a bundle to back up their defence. Which court is this Ross?

[RossD1968]

Hi Caro,

 

Read you had a few important matters that were causing you grief, so good to see you back:)

 

My case is to be heard (I think!) in Bury County Court, and have just been advised of a new date 11th September 09.45hrs. Although the new instruction does state that they may move the case.

 

I shall now have to get on to the Court bundle. I have already printed out a copy and will have to start sorting out the addition of the 2004 Quarterly meeting and numbering of pages. Moss has kindly provided me with a copy of T&C, so I think I am fairly well set already.

 

As the Judge did not see fit to go along with my request for draft directions, I do not have anything yet from YB with regard to CYNthesys. Sadly I didn't mention it in my POC. Has anyone else submitted detaisl of this in their court bundles?

 

....and finally....is it worth waiting until just before the 14 days to submit, or is it worth getting it in ASAP, to simply show YB I am going all the way?

 

Cheers all

[caro]

I think you should wait before submitting in case any new info comes to light which may strengthen your case. If you email me at caro@consumeractiongroup.co.uk I will send you info on CYNthesys, but as I'll be without a phone line for a few days while I move out of my house, it may be a while before I get it done.

[RossD1968]

Many thanks Caro, I will drop you a mail over the next few days.

 

....and what a star you are8) for still replying when in the middle of so much hassle. Many many thanks in advance and hope things get better soon.

 

All the best

 

Ross

[caro]

I'm missing my CAG fix, and as my Mum is on the mend that's all that's really important. Don't know about being a star - demented is probably nearer the mark!

[RossD1968]

Sadly my work induced cynicism has now been stirred in relation to YB:mad:

 

Now, despite being in credit, I find that my bank card is refused at Sainsburys yesterday and is snatched by a Northern Bank cash machine 30mins ago. The very friendly and helpful call centre assistant!!!!!! Informs me that he can see no reason for this action as there are no instructions for this on my account and that they will get a new card out to me straight away.

 

I wonder if anyone here can suggest a reason why they may decide to do this????? :rolleyes:

 

Roll on the court date so i can tell this shower where to go.

[thetenter]

This happened to me with a clydesdale card 2/3 years ago.Turned out to be a faulty ATM.

Or at least that was the explanation I got!!!!