Faz v Yorkshire Bank ***WON***

[westwell]

Thanks caro, should I edit it accordingly but put all of that on the form?

[caro]

All I can really advise is what BF has put in the library. If you used MCOL the above POC will be a lot longer, but if not I think only point 5 is extra, and of course the amounts will differ.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[westwell]

Ok thanks I will put this, I think I was getting confused because when I used MCOL I was restricted in how much I could put for the POC's and when I did the amendment I thought this restriction might still apply.

 

I have sent YB a rejection letter and torn cheque saying I was refusing settlement due to the attached conditions. I spoke to the court earlier and they just advised to send an amended schedule of charges to them with the N244 and another to YB explaining I had amended my claim.

so we will wait and see...

[caro]

I think the restriction on MCOL is purely down to the space in the box on there. N1's have no such limits, or N244's.

[westwell]

Makes sense I guess, I have a court date for 15th august which seems quite late compared to others but at least it gives me time to amend the claim.

[caro]

I would get a move on with the amendment, because this is only an application to amend it, and the court have to decide whether or not to allow it. I imagine that if the claim changes, then YB will be given the opportunity to amend their defence. I'm not sure if the court date will stand, although it is some way off, so I should think it can be done in time. It's all up to the court.

[westwell]

Its all filled out ready to post today so I hope its enough time.

[caro]

Don't forget the fee which I think is £35.00.

[westwell]

I have noticed on my paperwork that on the 11th april when the case was transferred to my local. YB asked for a 2 week stay to file their defence as they were entering into settlement discussions. I still haven't recieved the defence only the court date. Is this normal or should I have had something by now?

[caro]

Was the stay allowed? If it was it might be worth pointing out to the court that despite the stay, YB did not do what they said they would, so wasting court time.

 

I take it you have had a defence, and they just wanted to amend it.

[westwell]

I have not had a defence at all. When I recieved the transfer of proceedings letter there was a letter inside from kirsty ross to the court asking for a 2 week stay as they were in settlement talks. So maybe I should phone the courts.

[westwell]

I contacted the court today to see why I had not recieved a defence and they told me that YB had advised them they had settled the claim. I told them a settlement hadn't been recieved and they told me just to turn up for court on august 15th. Can they get away with not entering a defence and then telling the courts we had settled?

[caro]

I've just re-read your whole thread, and as you say on 17th April they asked for 2 weeks to enter a defence, yet on 11th April a defence was showing as entered (on MCOL I presume). I'm not sure how this has happened unless it has something to do with dispensing with the AQ.

 

Can I just check if you still have an account with YB. Also, can you please put exactly what your letter with the court date said.

[westwell]

Hi Caro, yes exactly that, it was showing online that the defence was entered on the 11th. It was transfered to my local court and on the 17th they asked for a 2 week stay because they said they were entering into settlement talks. I will post the exact content of the letter later because I don't have it with me.

I do still have an account open with YB but I don't use it much.

[westwell]

Sorry for the delay in posting, I have just moved house and couldn't find the paperwork.

 

The letter I recieved on 11th may says in brief...

 

The case has been allocated to small claims track.from the available papers it is estimated the hearing will take two hours. The parties are encouraged to contact each other with a view to try and settle the case or narrow the issues.The court must be informed immediatly if the case is settled.

Each party must deliver to every party and the court offices copies of all documents no later than fourteen days before the hearing.

Hearing date 15th august 10am.

 

I am not sure if you need any other details Caro?

[westwell]

Bump

[westwell]

I know caro is unavailable at the moment but I just wondered if anyone could advise me on my situation with YB. My court date is 15th august and YB haven't submitted a defence. Any help welcome

[gizzard2k]

ih this is my first time on this forum. i am in the proccess of taking yorkshire bank to court, i found that at each stage yorkshire bank would delay, first they sent me a letter saying that due to the high volume of requests regarding this matter they could not provide me with the information, then 7 days over the 40 day period i received 2 years statements with a letter saying that the rest would follow ( another 7 days )after that all correspondance would be 1 or 2 days over the time period, which is funny cos they did'nt drag thier feet when taking my money

[welshlass2]

Hi Westwell

 

I am no expert, but it seems to me that in similar situations, YB have actually settled within a day of the court date, one instance it arrived by special delivery on the day. I am currently awaiting a court date, but I would try not to worry too much, have read through your thread and I think you will be OK. They either have to submit a defence or settle, its my guess that they will settle, but not until their backs are against the wall.

[caro]

Write to YB and ask them for a copy of their defence as you have not yet it. Tell them that you wish to avoid wasting any more court time and follolw the direction to attempt to settle. You are aware of a process known as CYNthesys, which you believe reflects the true cost to the bank of each event when a penalty charge was made. If they dispute that this is the real cost will they please disclose how their charges are calculated and you will amend your claim by the amount of the actual costs and settle for that amount.

 

Make sure a copy of that is saved for your bundle to show the court how you have tried to settle and what a reasonable person you are.

[westwell]

Thanks welshlass2 for the encouragement and thanks again Caro for your advice, I will write today requesting a copy of their defence. Hope everything is ok after the flood caro!

[caro]

We're moving out for 3 months while everything sorted, and my mum is recovering so all good news thanks.

[westwell]

What a trauma, glad your a bit more sorted tho

[westwell]

Recieved a cheque yesterday for full amount including court fees and all interest.

[caro]

Brilliant! Congratulations and about time too.