my claim so far

[tyler98]

hi

i stared my claim on the 19th of january 2007 requesting statements for the last 6 years i recieved a letter on 25.1.07 saying they had 40 days to provide this information when the 40 days were up i recieved a letter saying that they were busy and would forward my statements as soon as possible, i wrote again given 7 daysand recieved my statements, i got all my charges and wrote again asking them to re-emberse them as they were unlawful giving them 14 days to responed got a letter sayin they were investigating my claim and to be patient i wrote another letter sayin they had 7 days to respone on the 29.3.07 they responded saying they would not re emberse me and that i had 8 weeks to responed or the claim would be considered shut i responded again saying that it was not satisfactory and gave 7 days for a satisfactory response or i would start court proceeding i started court proceedings on the 22.3.07 with moneyclaim online then recieved a letter on the 23.3.07 saying they were loking at my claim again on the 26th i recieved another letter saying they would not pay they aknowlegde my claim online on the 24.4.07 and have now put a defence in on the 24.5.07 i have recieved paperwork saying that my claim would be defended and that they will succeed as i have not given sort code or account number and they are refering to the berswick v lloyds case in thier defence and have sent me the full court proceedings for that case and have given me till 5th june to produce the information that they want under banks part 18 request if i dont reply they say they will ask the court for an order to make me show what they have requested they have also said that i need to seek legal advice as to the conseqeunces of me carring on with my claim help please i dont know what to do:confused:

[Michael Browne]

i have recieved paperwork saying that my claim would be defended and that they will succeed as i have not given sort code or account number and they are refering to the berswick v lloyds case in thier defence and have sent me the full court proceedings for that case

This is Yorkshire trying to frighten you and has come from Yorkshire. It is not their defence, which is sent to you from the court and it's unlikely that they will mention be Berwick case in their defence

 

Part 18 requests are excluded from Small Claims track if your claim is under £5000, however it would be best to send them a copy of your schedule of charges, headed with your claim no. andsort code and a/c no.

[tyler98]

thank you micheal

have you had any further correspondence from the bank and have you had a court date i am glad that im not alone do i send the list of charges to the address on the top of the letter which was sent to me?

[tyler98]

hi i have sent of a list of my charges account and sort number and i have sent them my other letters that i have sent previously i have requested their terms and conditions from when the account was opened but i dont know the year as it was many years ago will this make i difference? also i have not heard anything from the courts since they said they were defending the claim on the 24th may is this normal or should i contact the courts to see what is happening anyone have any ideas would be very grateful.

[tyler98]

hi

i was just wondering if anyone had won their claim against yorkshire bank since the case was lost on the 15th of may as i am getting concerned that i am now wasting my time as the banks are now winning i have took them to court using mcol and they have put a full defence in anybody now anything would be appriciated

[hongkonguk]

Hi,

 

Please read the other posts on this site. If I remember correctly the 15th May case wasn't actually a win on the part of the bank. The case set no precedent and the claimant is appealing the decision as it appears to have been made with little regard to the facts of the case, and rather on assumptions made by the judge! To my mind that hardly constitutes a win!

 

In fact, the case of the 15th May is positive because now the decision will be looked at by the appeal court, and any decision made by them will in fact set a precedent.

 

Just remember this is the only case which seems to have gone in favour of a bank, but how many thousands of cases have they settled out of court for fear of losing?

[pward33]

The case set no precedent and the claimant is appealing the decision as it appears to have been made with little regard to the facts of the case, and rather on assumptions made by the judge!

 

My understanding is that a QC has advised the claimant NOT to appeal and that instead he is making a complaint to the Ombudsman. You're right, though, in that it does not set a precedent.

[hongkonguk]

My understanding is that a QC has advised the claimant NOT to appeal and that instead he is making a complaint to the Ombudsman. You're right, though, in that it does not set a precedent.

 

Pward you are absolutely correct, and so I stand corrected. I would now think YB are very likely not to use the Berwick v Lloyds case as a defence since the ruling was made based on a lack of evidence and not a point of law!

 

This means Tyler that you should not fear that you are wasting your time. On the contrary, everyone on this site is testament to that!

 

Good luck!

[tyler98]

thankyou for your replys they have been very helpful and put my mind at rest that i should continue with my claim

[tyler98]

hi recieved notice of transfer of proceedings today which says -

to all parties a defence has been filed and the claim has been transfered to a court near me (sheffield county court) it then says between me and yorkshire bank court code 320 before district judge murdoch sitting at north hampton county court without hearing it is ordered that 1, the filing of an allocation questionarrie be dispensed within 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 30 may 2007 and then attached is yorkshire banks defence which is same as what i have been reading on this site. COULD ANYONE TELL ME IF THEIR IS ANYTHING THAT I SHOULD BE DOING OR IS THIS WHAT HAPPENS AND WHAT SHOULD I DO NEXT ?

[westwell]

People don't seem to be getting AQ's anymore, I never, I think the £100 fee is still payable if the claim is over £1500 but you might want to check with the court directly. Whenever I have phoned them I have found them very helpful.

[tyler98]

thank you westwell i shall wait to see what happens when the courts get in touch

[tyler98]

hi all

recieved aq today from sheffield small claims courts and need help filling it in please any help would be much appreciated please

[sajabu2003]

Take a look at this thread tyler98... Allocation Questionnaires - A guide to completion

 

If you need any more help just shout

 

Good luck with your claim.

 

Sarah.

[tyler98]

thank you sarah

[tyler98]

hi got aq n151 looked on site and other allocation questionnaires have different numbers can anyone advice me on how to fill it in please its urgent has to be with court for the 2nd july help please

[tyler98]

hi all

due to floods in sheffield internet been off just back on kine AQ due 2nd july got to hand post sunday due to postal strike all info to fill in these forms are for n149 and n150 but i have got n151 from sheffield county court and do not know which letter is relevant ive ad enough bad luck over past few days and do not want to lose my money due to not sending AQ internet been off since last monday please could somebody help me please.

[Michael Browne]

but i have got n151 from sheffield county court

This is a bilingual version of the AQ. Maybe they think you're half welsh! . More likely is they're so inundated with claims they've run out of forms. It looks to me like the N150

[TideTurner]

Tyler98,

 

You can request an adjournment given the recent problems which will give you more time.

 

Tide

[tyler98]

hi

this may sound stupid when i first sent my list of charges to the bank i had used the interest calculator on the martin lewis web site it added interest on up to the date when i calculated the charges which was 14.3.2007 so although interest has been occuring at 8% a day it has not been added and i am know sending a list of charges with my allacation questionnarie but it doesnt say anything about this occuring interest or how much it is a day what do i need to do or is this list ok

[masontak]

HiI'm quite new to this but if you put AQ in the search the forum box then there might be some help there.Sorry. I haven't reached your stage yet, I'm only filing at court now.Good luck.

[tyler98]

hi masontak

thank you for your help hope your claim goes well i will keep you informed of my progress

[Gogivit]

8%!

 

No the daily rate of interest is in the region of 0.021%

 

Hope of been of help.

[caro]

7 threads merged. I can sympathise over the floods. Do you have everything you need now?

[tyler98]

hi caro

yes thank you i sent my aq off and have now got a court date for the 13th of september it says i have upto 14 days before the hearing to send copies of all documents which i intend to rely on to the courts and the other party, is this my court bundle and should i send it to them as soon as possible any advice please? it also says that it should take no longer than 30 mins to deal with i also recieved a copy of yorkshire banks aq they are saying there costs are estimated at 50.000 pounds is this just to scare me off from continuing with my claim i am a little nervous after reading this ?