Dan v Yorkshire Bank ***WON***

[thunderpuss2k]

Has there been any progress, Dan?

 

Have a look two posts up from yours. I believe Dan is waiting til payday before issuing the warrant of execution, however apart from that not a lot has happened.

[dan-rides-bikes]

Your warrant has been submitted to the court for final validation before being issued.

[rachel2609]

Good luck Dan!!

[dan-rides-bikes]

thank you, im MORE than happy to see them in the court room over this

 

they made my life a living hell and refused to help me when i was gaining charges of £8 a day for almost a month, i didnt know about the cccs or such like organisations

 

they were also the only creditor not to freeze interest on my credit card when i was in a DMP

[rachel2609]

They were exactly the same with my Mum, refused to freeze interest etc kept piling charges on - words cant really express the contempt that I feel for the Banks for the situations they land people in, even when they have tried their best to get their help and understanding.

 

Fortunately we were lucky in that we had a fantastic advisor at CAB who helped us no end, and my Mum is now in the situation where she is paying back all she owes slowly but surely, and obviously the just short of £4k (£2k of which we have already received from Citi) that we are claiming from 3 institutions will go some way to ensure that her debt free day is some time sooner.

 

I too would be more than happy to spend my day in court, if only to listen to the c**p they would spout in their defence, if its a poor as the written defence it could be rather amusing!!!

[dan-rides-bikes]

Your warrant request has been accepted. The warrant has now been sent to the bailiff at the appropriate court for action

 

[caro]

Well done Dan. You can't have long to wait for your money now! Couldn't happen to a more deserving bank.

[dan-rides-bikes]

i assume they can still weasel out of this though ?

[trundlecat]

I think it might have passed the point of no return now Dan. Don't think any judge would be sympathetic to them after ignoring everything up to a warrant

[trundlecat]

Just came accross this in the Consumer forum. Explains what will happen now your warrant has been issued.

 

http://www.consumeractiongroup.co.uk/forum/debt-collectors-bailiffs/20492-legal-actions-explained-company.html

[rachel2609]

Excellent news Dan!

[isie1980]

I'm so desperate for Dan to get his money!

The 14 day deadline on my LBA to Yorkshire expires on Monday - already starting completing moneyclaim so I'm avidly following progress here.

[pjdudley69]

This is great news for us all - we all want to see YB getting what they deserve!! Brilliant Dan!!!!! :D

[dan-rides-bikes]

im not sure whats meant to be happening now,

 

i assume the court its been transferred to will contact me or summat ?

[dan-rides-bikes]

ok,

 

letter from Clydesdale

 

says they never recieved anything

 

applying for a set aside if i dont consent by August 4th (letter only recieved today) and intend to defend

 

interestingly the letter states on the 31st July YB's Ashby Branch advised Legal Services that judgement had been entered - i never sent anything to the asby branch

 

also i applied for judgement on 20th July and it was issued the same day - wonder why did it take YB Ashby so long to notify Legal Services ?

 

what should i do ?

[norvernrob]

I don't know what you should do, I assume the bank will get the set aside granted, they usually do.

 

I think it's disgusting that banks are getting away with saying they didn't receive any paperwork from the courts.

 

Someone ought to make a list of all the times it has happened to members of this forum, ask the courts to investigate why the amount of Banks claiming this is so high. I don't understand why important papers such as these aren't sent via a tracked delivery service.

 

Pure delay and intimidatory tactics yet again from YB, I hate this lot more everytime I read another post about them.

[caro]

Why do the courts issue deadlines and allow the banks to ignore them. It really is unacceptable. YB's internal comminications must be questionable with legal papers going missing. Bad luck Dan. Looks like the waiting is far from over now if Rachels mums case is anything to go by.

[trundlecat]

Surely there has to be some kind of apeal process? If you can protest at the application of a stay I don't see why a motion to set aside judgement can't be met with an objection. This is just delaying tac-tics, absolutely disgusting.

[rachel2609]

Slippery *********!!

 

Dont need to say much more, its infuriating, and yet you have got so near. perhaps the Courts may realise more than we know and not grant the set aside??? We can all live in hope.

 

Rachel

[rachel2609]

What pees me off even more, is if you said that you didnt pay your CC billa as you didnt receive the statement, they would be laughing their backsides off as they charge you for the privilege

 

I am absolutely disgusted and livid that they have done something so underhand.

[dan-rides-bikes]

im going to let them apply for the set aside

 

problem is, they have wrote to Northampton and the case has been transferred to S****horpe (lol the filter will not let me type my local courts location) after my Warrant was issued

 

my warrant was issued on the 1st and the letter off Clydesdale is dated 2nd

 

they want to apply for a without notice application

 

what gets me, and i hope the court see is that fact that default was issued on 20th July and it took them until the 31st July for someone at YB Ashby (claim was sent to a different branch) to tell Legal Services

 

i just don't know what my obligations are now the bank has made contact but ive already paid the bailiff fee

[caro]

I would write to the judge and explain your concerns about the unreasonableness and incompetence of their lateness in taking action, leading you to believe that you had won, and that you feel continued delay caused by a set aside would be unacceptable. Also point out that you have paid the bailffs fees so would like this back if the warrant is not to be executed.

 

Perhaps you could go on to explain that you would like the bank to explain exactly how the fees are calculated, as you have not received details of any manual intervention leading you to believe that the process is automated, so unlikely to cost as much as they say, therefore are punitive.

[rachel2609]

Just shows their incompetence again, as they would obviously have been notified at some point that the case had been transferred from Northampton to Scunny (I assume the filter will let me type that!!)

 

I would do as Caro says, and write to the judge outlining their contemptuous attitude to the whole legal/court system and their blatant disregard of procedures that are in place.

 

Rachel

[dan-rides-bikes]

will rustle something up at lunch - thanks for the advice

[Guest Zooman]

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