Shan Vs Yorkshire Bank

[shan cc]

I have now sent in my court bundle which include:

witness statement

Bank Statements

correspondance from bank

UTCCR 1999

UTC 1977

Dunlop v New garage 1915

Letter from YB outlining their t&cs to me

Whistleblower BBC documentary 21/03/07

House of Commons Transcript on Bank charges

Transcript of interview with Peter Mcnamara

BBC 'True costs of bouncing a cheque'

Tarif of YBs Charges

BBC news 'Banks crippling the vulnerable'

Correspondance from YB to myself

A recent letter offering to pay the £2 per transaction and outlining that i require the rest that i have paid refunded to myself, (a final correspondance before court)

 

Does anyone think i have missed anything out?

 

[conalot]

well done an good luck, just sit back ,chill and hopefully your next post will be a winxx

 

jeanette:cool:

[caro]

Looks good to me Shan.

[shan cc]

Thanks, everyone! I just hope that the judge sees it that way!

 

I hadnt put theses in in time originally and he sent me a letter telling me to send all copies in! So he seems quite helpfull so far!

 

Do you think that i should ask the court to add to the bundle the Office of Fair Trading report?:grin:

[shan cc]

good news!

 

I actually won the case because the defense was incomplete! The judge ruled this on the 19th of July and i still have no payment from the bank, the only letter i have from them says that they are going to ask the judge for a stay untill the OFT has finished the court case at the high court!

 

The OFT went to the high court on the 27th July and my case has already beeen won on the 19th, can they do this? The judge has already ordered them to pay and i stipulated by the 10th of August which they havent done so im going to have to send baillifs in which i didnt want to do.

[hilaryfrances]

go I dare send the bailifs in....they seem t think they can retract offers and do what they want now until after the test case. They are NOT above the law but as they have been operating outside the law for so long now they are continuing in the same old cavalier manner.

[shan cc]

Thanks, Hillary frances,

I agree, they have ignored all my correspondance telling them that i really dont want to send them in but i will have to!

 

How can they apply for a stay wen the case was won 8 days before the OFT went to court, they are so arrogant.

[caro]

Well done Shan but hold off the celebrations until you get your money.

[shan cc]

The court now say that i may have to send baillifs in in scotland bcause Yorkshire is part of Clydesdale bank and their head offices are in Glasgow, has anyone else had to do this?

 

Also can anyone else tell me if their case has been won befor the OFT went to court on the 27th july and the banks are still trying to get a stay ? surely they cant? they had already lost my case on the 19th.!

 

Rather ironically, they havent actually sent a letter to my court requesting a stay! They have just told me that they are going to , the letter was dated 31/07/07.

 

So i am now going to file my documents for executing a warrant in Scotland.

[georgieboy]

Full steam ahead shan go get your money.

[hilaryfrances]

pleaaseeeeee take a tv crew with you......

[shan cc]

I have now spoken to the messengers at arms in Scotland who say that i should be able to send the baillifs into any branch in the UK?

 

Does anyone else have this type of experience/knowledge?

[shan cc]

I am in court tomorrow because YB have put in an appeal to apply for a stay, claiming that they experienced an administration error!

 

I won the case by the bank having an insfficient defence on the 19th of july ! they applied for an appeal on the 22nd of August, this is 34 days later, (does anyone know if there is a legel requirement to appeal within 28 days) this rings a bell!

 

Does anyone know a bit of law? How long do they have to appeal?

 

They have also changed their arguement from asking for a stay due to the OFT taking the high street banks to the high court to agree to a test case (28/07/07) i then politely pointed out that i won our case 9 days before that happening!

 

Can anyone give me any pearls of wisdom for tomorrow? (13/09/07)

 

Or any suggestions to say to the judge?

 

(I have also put in my letter to the bank and court that they have consistently ignored me for months and only when i obtained a warrant and phoned them to inform them did they then send me a letter.)

 

Thanks, Shan.

[georgieboy]

Good luck shan - everything crossed for you.

[shan cc]

Yorkshire Bank sent a Barrister today to court to apply for a stay!

 

I was shocked and a little frightened, but i put forward my case consisely and efficiently!

 

They did not win the application for a stay!

The judge also denied an application for an adjurnement because he basically said that the bank hadnt put their defence together properly.

(CRP 39 had a lack of evidence) this might help someone else?

 

Bury county court deal with each case on its own individual merit.

 

On speaking to the barrister afterwards walking to the cars i asked him if he has won any for YB he said no, but, there are a lot being stayed at the moment.

[caro]

Sounds like you did well in court Shan. Well done. Did you get an explanation of what was missing from the defence?

 

Have you managed to get your money yet?