Evo v Yorkshire Bank ***WON***

[lillboy]

Hi All

A freind of mine is claiming charges bacK from yorkshire bank However it's got to AQ Stage now and she is terribly confused and panicking.

 

She has asked me to go through it and she what she does next.

I have had a quick glance through the paper work she has saved and a few issues have raised an eyebrow for me.

If someone could give a bit of advice on these issue will i got through the paperwork it would be appreciated.

 

1. They Claim not to have seen a copy of her charges but she has sent them.
   
2. her Claim in is in her own name and not joint names Breifly the defence Mentions being struck out under CPR 3.4(2).Failure to comply with CPR19.3

these are the main points that i can see at the moment.

I am going to go through the paperwork now to see how she has progressed to this stage.

i have got a feeling i will be getting back to you it is long time sinse my claim.

Thank Lillboy.

[lillboy]

Hi Again

Every thing seems to be fine appart from the Joint names situation.

Quote From their Defence.

The Claimant has not specified the individual charges which her claim relates to in his particularsb of the claim. The defendant is therfore unable to plead to the specific charges said to have been applied to the account or Quantum of the claimants claim. In particular, the claimant appears to be claiming in respect of charges applied from 17Th July 2000.

 

She started this claim in july 2006 and they have recieved a full breakdown of charges.

[lillboy]

AQ filling in

i am seen in differnet post that there is an alternative to standard template for the AQ as anyone used this or should i go with the standard template advice.

Also should i get her to resend a list of charges.

[caro]

Things have changed a fair bit. Is your friend claiming alone on a joint account? if so please read to the end of this link.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/40200-joint-names-striking-out.html

 

She should send 2 copies of the schedule of charges with the AQ, one each for the bank and the court.

 

The new template for the AQ with the suggested court directions can help shorten the court process if the court choose to use them. The original is perfectly adequate if you prefer to use that.

[lillboy]

Thank Caro

well havent things changed and dont yorkshire blank play hard.

I am going to use the updated version of the A.Q.

I have read the post you mention and also Trundlecats post re jooint accounts.

Alymac post look like i have to make a change to case.

Still not sure what to do really. I Think i will ring the courts for them to clarify if i need to make an ammendment to the claim. (thats if you can still do it at this late stage). Worth paying £35.00 to get it right. She has got untill 21 feb to submitt A.Q. I may need this time to get my head round this process.

 

I do wish she had banked with another bank.

 

I never got this far with First direct so a have a lot of reading to do.

[lillboy]

just Spoke to Courts

It Advises that They fill out claim N244 and ask for the name to be added by mutual consent this will cost £35.00 or if it YB do not give consent them i would cost £65.00.

the problem is if they are using this point to get the case thrown out of court they are not likely to give mutual consent. or are they.

 

Caro

i have just foung this Quote from one of your post.

Regarding CPR19.3, CPR19.6 clears that issue

is there any chance of explainb this.

 

 

I Have looked at form N244 has anyone any idea what i need to put on this form.

[caro]

Here's a link. See what you think.

 

PART 19 - PARTIES AND GROUP LITIGATION

[lillboy]

Caro

I will stick to this thread sorry.

 

Would it just be easier to put her hubby down as a witness on the AQ

 

Otherwise i will go to the court office tommorow with her and letter asking if this is sufficient; if not i will help her to get the N244 form filled in.

 

Thats me done for tonight done my head in.

 

Like you said it may not be worth bothering about but its better to be safe than sorry.

[caro]

Right, now I've read the thread again, they are making an issue of the joint names. Is this in the defence, or have they applied to get the claim struck out? I think you are right to ask the court if the letter will suffice and take their advice on whether that is sufficient or the amendment is needed. If you quote the CPR mentioned previously I really think a letter will do, but it's not me who needs to be convinced.

 

Regarding how far back the charges go, I had thought it was back to the date of starting to write to the bank, but have recently been advised it is 6 years from the date of the court claim being submitted.

 

However, you could point out that you could not reasonably have known that the charges were unlawful until the OFT report on credit card charges in April 2006, so the 6 years goes back to April 2000. You could also suggest that you will invoke s.32(1)(b) of the Limitation Act. See link

 

Limitation Act 1980

[lillboy]

The issue about joint names is in the defence as item 2

As quote.

If, which is denied, the bank is liable to the claimant as alleged or at all,Mr XXX as one of the customers jointley entitled with the claimant to the same remedy. the claimant has therfore failed to comply with CPR 19.3, Since Mr XXX has neither joined in the action as a claimant nor been named as a defendant, and the action is liable to be struck out under CPR3.4(2). the remainder of the defence is without prejudice to the contention in this paragraph.

.

 

Just read tonyice post re. yorkshire bank they tried the same tactic with him i think a letter should suffice

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/37320-tonyice-yorks-bank.html

 

Got to go to work.

[lillboy]

Can anyone point me into the direction of a letter sent to the courts.

Any letter will do i just want a copy in order to get some idea of correct format to use.

we have agreed that she needs to just send a letter stating she is making the calim on behalf of both her & Hubby. Both signed. submitted with A,Q.

I have read several templates of letters sent to courts but cannot find them now.

any help would be appreciated.

[caro]

Just a normal letter will do with your address and the date at the top

 

Dear Sir/Madam

 

Claim Number xxxxxxx

 

Although this claim against Yorkshire Bank has been taken out in the name of one of the account holders, it has been taken out on behalf of both. As the bank have queried this, we are writing to the court and to the bank to confirm this.

 

If the court feels that we need to formally amend the claim to reflect this, we will of course do so, but we hope that this letter, signed by both account holders will clear the matter up to the satisfaction of all parties.

 

Yours faithfully

 

Then both of you sign it and send the original to the court and a copy to Clydesdale Legal Services.

[lillboy]

Hi Again

 

Caro i like your letter to the court which i will use if that is ok.

 

I have composed this letter earlier to send to the bank legal dept with a copy of the AQ.

 

Hi Kirstie

 

 

I am writing to let you know I have now read your defence for Claim No. 7XXXXXX.

 

I would like to respond items 2 & 3 of your defence in which your asking for the case to be struck out.

 

2.Limitations act.

 

With regards to the limitations act I refer you to Items 32,1(a) &32,1(b)

The period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

 

At the time the Defendant debited these sums from the Account, the Claimant was under the mistaken belief that the Defendant was entitled under English Law to take that money.

 

If the Claimant had known that the charges were penalties under English Law the claimant would not have paid those charges. The Claimant therefore contends that she made a mistake in paying those charges believing the bank to be applying those charges in accordance with common and statue law.

 

3. Reference to CPR19.3 Joint Names

 

We M & Mxxxxxx cannot see the relevance of CPR 19.3 to this matter.

Yorkshire Bank are very aware the account was in joint names. The fact that this account is still actively used by both persons named on the account then CPR 19.6 would apply. Due to this we do not see the logic or justice in insisting any claim against yourselves be in joint names. We have notified the courts that Mrs is acting on behalf of Mr & Mrs E.

Should you insist on both names being identified as claimants and persist in this futile attempt to stall proceedings, then form N244 will be submitted to include Mr Evans. If you insist on both names being identified as claimants please respond accordingly within 7 day of receipt of this letter.

Thought i would send this with a copy of the AQ

 

Also had some more great news today her daughter is at the same stage but with ABBEY.Neither off them have a computer at home, she has not actually asked me yet but i know it comming.

Looks like i am around here for a while. I want my life back i had my money.

Consumer Action Group

[caro]

Looks good but I wouldn't offer to change it if the bank want, only if the court want it, which I don't think they will. It will only delay matters if they do want it changing, which plays into the banks hands.

[lillboy]

Thanks Caro

I will cut that bit out

[lillboy]

Update

Submitted AQ using altenantive Draft order for directive, with covering letter about both names.

I suppose now i have to spend a little time getting details together.

One question i do have is how long before the judge makes his decision if he accepts the draft order.

Should they have recieved a copy of the defences AQ from them.

[lillboy]

Hi All

A Few questions

1) should i have recieved a copy of YB AQ from them.

2)What happens if they do not submitt their AQ

3)Should i ring the court to find out if they have submitted their AQ or just wait to hear the judges decision.

 

Thanks Wayne

[caro]

1. I think they will send you one, but if not the court should I think.

2. You might consider applying to have their defence struck out so you win by default, although I think they will file the AQ, even if a day or 2 late.

3. A phone call won't hurt.

[lillboy]

They finally submitted their AQ yesterday 7 days late. But Dated 20/03/07

They have asked for 1 Month to attempt to settle. I do hope that this is 1 month from the date it should have been submitted and not from the date it was actually submitted. (3weeks left to negotiate) Hope kirsty uses her time wisely.

It has all the usual stuff like 2 witnesses. & 1 month to settle. nothing new.

should i wait to she how the judge responds to the Draft order for direction before making contact to negotiate, or should i remind the judge that this is another attempt to stall procedings and is again an abuse of the courts system.

[lillboy]

Caro

Do you need details of this claim to put into litigation section.

[moss]

wait and see what the judge orders, you could check out the court bundle and statement of evidence, i was given 28 days but got the order a week after the judge had issued it, so still had time but there is quite a bit of work to produce 3 schedules and the sooner you get yours to YB the sooner they have to reply.

[lillboy]

Caro or any moderator

I have put the court bundle together so that i can put Evo's Specific details into relevant sections with out having to Re number the pages. i have included the

EDM and OFT Statement summery. If this is right then people could possibly just print this whole file off then put in their own correspondence and bank statements in relevant sections.

I have made this into a generic pdf. File

would you like to take a look and see if it is suitable, if it is you may be able to use it for distribution.

Can i Email this file to you to see if the site could use it.

I can send it as a word doc. or pdf. or both.

 

I was Bored

[lillboy]

I have been told over the phone that this as been allocated a date on the 12th june 2007 2pm 1 hour hearing

However still had nothing throgh post.

 

Her Daughter has got her letter for the same hearing and they have used the draft order for direction so i can assume that I have got 2 Packages to do for them.

 

See Leggo

[Bookworm]

lilboy, could you e-mail me the file to me, please? Word or .pdf, whichever is easiest for you.

 

bookworm@consumeractiongroup.co.uk

 

Thanks in advance.

[lillboy]

Finnally Got the direction from court; However they have put on it Evo V Abbey Bank. Another Typo error. Got to ring them today to get it resent and make sure they have sent one to Yorkshire bank not Abbey.