Yvette v Yorkshire Bank!

[caro]

Templates are only ever meant to be a guide and should be adapted to suit your own circumstances, so you should leave that part out.

 

I think it would be a good idea to hand in the letter at the same time as you hand in the AQ fee. Address it to the judge. If you haven't handed in a copy of the draft directions yet, take those in too.http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

[yvette18]

Hi,

 

Thanks Caro. Just to clarify, when I go to pay the AQ fee of £100.00, I need to have a copy of the Draft Directions made applicable to my case?

 

I've never had to go this far before and have always done it by MCOL, so not even sure where to when I go to the county court:? .

 

I'll be going there tomorrow in my lunch break.

 

Yvette

[caro]

I suggest you take copies of the draft directions, and application to remove a stay, with a brief covering letter, as well as your AQ fee. Your paperwork from the court should have some clues on where it's located. Guess I'm posting this too late for you now though.

[yvette18]

Thanks Caro,

 

Yes I've handed in all my letters and paid my fee.

 

Found the office ok, I actually knew the lady who served me at the counter, one of her children went to school with one of mine! I felt a bit awkward at first, but she knew what it was all about. She said they had piles of these cases to deal with but no extra help to process them.

 

I have a question regarding YB applying for a stay?

 

Northampton County Court transferred my case to my local court on 01/08/07, in the details there is this:-

 

Between Yvette18 Case Number ########

and Yorkshire Bank

Before District Judge Murdoch

Sitting at Northampton County Court

 

Withour hearing

 

IT IS ORDERED THAT:-

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the District Judge at the court of transfer orders otherwise.**

 

 

Note: Any party affected by this Order may under rule 3.3 (5) apply to have it set aside, varied or stayed. Such a party must apply under Rule 23.3 within 14 days of service of this order.

 

**Please note that an allocation fee may be payable in this instance.

Please contact the court of transfer for further details.

 

 

 

Date order drawn: 01 August 2007

SP

 

Copied word for word. Now my question is about the NOTE. Does it mean that YB have 14 days from 01 August 2007 to apply for a stay? Or could someone explain what Rule 3.3 (5) and Rule 23.3 mean to me please

 

Thanks

Yvette

[caro]

Many courts are dispensing with AQ's now, and this has nothing to do with stays, although I suspect that YB will apply for one. The rules (CPR's) that are referred to can be found in the link below. Just find the numbers referred to in the order. CPR - Parts and Practice Directions

 

Find out from the court if you still need to submit an AQ, and I suggest that you also ask the court to use the draft directions. Just do a covering letter asking, and use the directions that would normally be sent with the AQ. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html#post90319

[yvette18]

Hi,

 

I haven't heard anything from YB or the local court yet! It's nearly 2 weeks now, Should I contact either of them myself?

 

Also, from reading the threads on here most people seem to have had a letter offering them a £200.00 goodwill payment in full and final settlement. They have never made me any kind of offer, are they hit and miss with these offers?

 

Thanks

Yvette

[caro]

Early days yet Yvette. You could try the court to find out what's happening, but don't contact YB. You've put it in the hands of the court now so let them deal with it. You don't want the bank thinking you're worried about the outcome.

[yvette18]

Hi,

 

Got a letter today from the court, dated 30th August to tell me my case has been stayed until the outcome of the test case.

 

Although it appears that Deputy District Judge Harris orderd this on 16th August.

 

Its says "This order has been made in the absence of the parties", does that mean that YB didn't even make an application? That the judge is just staying all cases?

 

Where it says I have 7 days after service of this order to make an application to set aside, vary or discharge, is it 7 days from the day I received it or the 30th August the date they have put on it?

 

I have no idea what I'm going to do next, I think I'll just sit it out! It all seems so pointless now.

 

Yvette

[caro]

Not necessarily. I think it just means there wasn't a hearing before the order was made.

 

There is an application you can make to have the stay removed, but it will cost 65.00 and there's no guarantee that it will be agreed. As you have this order it might be worth asking the court if you need to pay a fee to make the application. Also point out that you've only just received the order so can you still apply. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

[Kintra20]

Good luck Yvette, I spoke to the court handling my cse on the 7th Sept and was told that they had not received any request for a stay from the YB /CB and that my case will still go ahead on the 27th of this month. I am trawling through the posts to glean whatever I can for my bundle and how to compose it.

 

Do you have any of the banks T's & C's or can you point me in the right direction. Sorry to ask on your thread.

[yvette18]

Hi,

 

Has anyone seen this report? Does anyone have anymore info on this or any comments?

 

It makes me think that the outcome has already been decided!

 

BBC NEWS | Business | OFT may compromise on bank case

 

Yvette