JunkiMunki Vs Yorkshire Bank Plc ***WON***

[caro]

Nice to see someone looking forward to court. Apart from the normal preparations for court you should check out the application for removal of a stay - just in case.

[remus]

Every word JM

[JunkiMunki]

HI , EVERYONE ,

Thanks for the reply Remus, appreciated as always, , but was wondering if anyone out there could give me some advice on the following : the banks bundle was due today to be delivered at court , as per order from court I have already submitted mine 21 days ago, but this morning 8th August received a letter from them dated 31st July posted 1st class yet did not arrive til this morning [do I look stupid ] it was from K. Ross and states as follows; WE refer to the above claim u have raised in respect of ur complaint about U/O CHARGES;

 

IT IS OUR POSITIONTHAT

a] The charges levied on your account are in accordance with the terms and conditions of the account which you accepted when you opened the account ;

 

b] the charges have been levied as a result of your failure to adhere to the limits in place on your account and are , therefore, for the saervice provided by the bank in extending facilities to you; and

 

c] the charges levied are a genuine pre-estimate of the cost incurred by the bank given the time and resources that are required to deal with such actions by customers.

 

Since you raised your claim in court , the bank [ along with a number of other banks] has become involved in legal proceedings with the OFT in relation to the charges.

 

You should be aware that the bank will shortly be applying to the Court for an order to stay [put on hold] your claim until resolution of the banks proceedings is known.

 

Given this Test case we have also asked the Financial Ombudsman Service not to proceed with any claims they are hearing until the test case is resolved.

FOS has indicated that as a general proposition it will indeed not proceed with claims which rely on the legal issues being considered in the test case.

We have also asked the FSA to suspend the normal timetable for dealing bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights.

 

We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at Welcome to Yorkshire Bank .

 

We can assure you we have registered and stored your claim. Please retain your bank records, as this will make it easier for you to support your claim on resolution of the test case.

 

Once the legal proceedings between the OFT and the banks finish, we will resolve your claim as quickly as possible, applying the test case principles.

 

As a general matter, we will ensure that your claim will not be adversly affected by the stay of your claim.

 

Yours sincerely

K. ROSS

Solicitor - Legal services.

copied word for word

 

surely a 1st class letter should not take 8 days and that they should comply with the order the judge set as I had already coplied to my order and the hearing date is listed for 21 st August @ 2pm , they have not mentioned the fact that the majority of the said charges were taken unlawfully from my benefits.

Any info as to what to do would be appreciated as I was so near after fighting them since Jan 2007. :confused:

[yvette18]

Hi JunkiMunki,

 

I received the same letter today too, dated 31/07/07. I'm not as far along in my claim as you are though, I've just been transferred to my local court last week.

 

Yvette

[remus]

JM,

hopefully it won't get to this point,

Since you raised your claim in court , the bank [ along with a number of other banks] has become involved in legal proceedings with the OFT in relation to the charges.

 

You should be aware that the bank will shortly be applying to the Court for an order to stay [put on hold] your claim until resolution of the banks proceedings is known.

 

found this

AQs - Stays & Strike out request also

Barclays Refused Stay - We Won Today! 07/08/07

 

surely a 1st class letter should not take 8 days /postal strike?

 

I'm sure Caro will advise you of your next step:p re the court bundle.

[remus]

Hi JM, this is a good one, as it says to take it with you on you on your court date stuff relating to having stays removed

[caro]

I suggest that you get yourself to the court in the morning and check they haven't had the bundle, and hand in a letter politely reminding the judge that they have failed to do so, and asking for the defence to be struck out as per his order.

 

Wait then and see what happens, but with a bit of luck you'll get your judgment before YB apply for the stay.

 

IF you hear from the court that a stay has been requested, then have a copy of this with you in case you need it, which objects to a stay. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

[hilaryfrances]

any news JM?

[conalot]

im off on hols tomorrow so am wishing you all the best an i will keep everthing crossed for you i hope everything goes ok for you xxxx

 

again good luck jeanette:)

[JunkiMunki]

Hi there everyone,

CHILL PILL TAKEN [LOL LOL], after a telephone call late friday afternoon to the court offices, I was told that my case was not stayed and that the hearing would go ahead on 21st August 2007, unless settled or contacted by court, I explained that the letter from YORKIE, states that they shortly intend to apply to the court to stay [put on hold my claim], I told the person on the phone that an Order made by the District Judge on Wednesday 27th June,stated as follows;; hearing 21st August 2007 '2PM WITH A TIME ESTIMATE OF ONE HOUR.

 

FOLLOWING DIRECTIONS APPLY TO THIS CLAIM ;claimant shall within 21 days submit ,

a] a schedule of charges each defined for the charge being made,

 

b] A statement of evidence to be relied upon and all other relevant documents.

 

FAILURE TO COMPLY WITH THIS ORDER, WILL MEAN THAT THE CLAIM WILL BE STRUCK OUT WITHOUT FURTHER ORDER..............

 

2] THE DEFENDANT SHALL THEN WITHIN 21 DAYS AFTER FILE AND SERVE A WITNESS STATEMENT IN RESPONSE TO CLAIMANTS SCHEDULE STATING IN RESPECT OF EACH ITEM CLAIMED..

 

A] pURSUANT TO WHAT CONTRACTUAL PROVISION SUCH CHARGE WAS MADE, PRODUCING A COPY OF THE CONTRACTUAL DOCUMENT RELIED UPON,,

 

B] WHETHER SUCH CHARGE IS ACCEPTED TO B A PENALTY, AND IF NOT WHY NOT ?...........

 

C] i F SUCH CHARGE IS ALLEGED TO B A PRE-ESTIMATE OF THE DEFENDANTS LOSS INCURRED BY THE CLAIMANTS ACTIONS[ WHETHER OR NOT SUCH ACTION IS TO B TREATED AS A BREACH OF CONTRACT BETWEEN THE PARTIES], ALL FACTS AND MATTERS INTENDED TO B RELIED UPON AS SHOWING THAT SUCH IS A PROPER ESTIMATE IF SUCH LOSS, AND ALL EVIDENCE TO BE ADDUCED AT TRIAL, AS TO WHAT THE ACTUAL TRUE COST OF DEALING WITH THE MATTER WAS.

 

IF THE DEFENDANT FAILS TO COMPLY WITH THIS ORDER, THE DEFENCE WILL B STRUCK OUT WITHOUT FURTHER ORDER AND THE CLAIMANT MAY ENTER JUDGEMENT...

3] ALL ORIGINAL DOCUMENTS TO B BROUGHT TO THE HEARING.

 

4] THE COURT MUST BE INFORMED IMMEDIATELY IF THE CASE IS SETTLED BY AGREEMENT B4 THE HEARING DATE.

 

I COMPLIED WITH THE ORDER BY THE STATED TIME LIMIT GIVEN, WHICH THEN LEFT THE YORKIE TO COMPLY WITH THEIR SIDE OF THE ORDER BY 07/08/07, WHICH AFTER PHONING THE COURT HAD NOT BEEN DONE, SO THE YORKIE HAVE DEFAULTED WHICH AS THE ORDER STATES THE DEFENCE WILL BE STRUCK OUT AND I MAY ENTER JUDGEMENT.

After just receiving a phone call from court regarding my son's claims 2 sons 2 claims, as one is C AND THE OTHER IS C A, THE COURTS AND THE BANKS HAVE COMPLETELY MIXED ALL THE CASE NOTES AND LETTERS, AND HAVE ALSO GIVEN ME THE ORIGINAL COPIES OF THE N1 by mistake even though I pointed this out to the counter staff at the time, the stay issued by the judge in order for my sons to sign the N1 themselves the final date for the stay being 10/08/07, and as my sons attended court on the 25th july to comply by signing their forms, they have complied with the judges order, but due to clerical errors, and confusion have Given me the original N1 and not the copies, I asked the lady that as the Yorkie had requested on their AQ's for a months stay TO ATTEMPT TO SETTLE, EITHER BY INFORMAL DISCUSSION OR ALTERNATIVE DISPUTE RESOLUTION, This AQ was submitted by the Yorkie on the LAST DAY FOR FILING AT COURT WHICH WAS 22/06/07, I explained to the person on the phone that the yorkie had requested a stay of 1 month in order to try and settle, but as at todays date of 13/08/07,@4.55pm , there has been no correspondence from them at all regarding trying to settle these claims, the only correspondence received from the Yorkie came on the 8/08/07 , which stated in the next to last paragraph, that they will be shortly applying to the court to have these cases stayed [put on hold], as they themselves requested the 1 months stay purposely to try and settle the claim, I feel that to impose a stay on these claims would be totally wrong, as if they had ANY INTENTION OF ATTEMPTING TO SETTLE THEY WOULD SURELY HAVE CONTACTED MY SONS BY NOW THE FINAL DATE FOR THE REQUEST OF A STAY WAS 24TH July 2007, which was at least 3weeks ago but they still have not corresponded with us at all over this matter.

I am therefore going to request that in view of their requsition to a month's stay in order to settle has not been complied with in any way, and shows their total disregard for the British Judicial System, and SHOULD THEMSELVES BE MADE TO ANSWER THE CONSEQUENCES OF FAILING TO ADHERE TO THE DIRECTIONS made, and that to reply accordingly to the AQ'S with little or no intention of attempting to settle the claims is in fact a MOCKERY OF THE LEGAL SYSTEM IN PLACE, AND SHOULD BE TREATED ACCORDINGLY.

It is with these points in mind and with the final day of the stay being 24th July, I myself feel that a default judgement be allowed for these claims.

I respectfully request that you give this matter the judgement it deserves, as to actually state this requirement with no intention of complying is like giving them the right to breach the legislations in place to protect the customers rights. will sit and redraft after chill pill wears off {LOL LOL }, will comment tomorrow after dinner @ court 11.30 to sort clerical errors out, and deliver default judgement letters to court in order to try and spare a court appearance that is a total waste of the TAXPAYERS money, and should enable the defence to be struck out without a further order, at the moment most claims at Derby combined court centre are stayed, with the exceptions of 17/08/07 and 21/08/07, which are all going ahead up to yet, as the final date to comply with their own AQ has been and gone without any correspondence from them, I request that the Judge does not allow the stays upon these 2 claims.. ;) Junkimunki xx

[JunkiMunki]

Hi all,

took my letter to COURT today to request that the Judge lets me enter judgement under default, as the YB failed to comply with an order to submit the information requested by the Judge within the specified time limit, and as the order clearly states in CAPITAL LETTERS that failure to comply with this order will result in the defence being struck out without further order and the claimant may then enter judgement,8th August just stating that they would shortly be applying to the court to have MY CLAIM STAYED [ oh how sorry I am that the deadline for default upon the order had already gone and that they had not applied at this time] hearing due on Tuesday 21st August 2007 @2pm , as it is only a week away do you think it might be worth sending a fax just to let them know that MY CLAIM HAS NOT BEEN STAYED, AND ALSO AS THEY FAILED TO COMPLY WITH A JUDGES ORDER THEY ARE NOW IN DEFAULT , and I have been to court today to ask the judge to let me enter judgement for this, and that I will also be requesting at the hearing that I be allowed to claim £476.00 wasted costs order as it is quite clear through their non compliance that they had no intention of submitting the information the judge requested, but still allowed me to copy, type, file, post, index 3 separate court bundles consisting of around 200-300 pages which had to be done 3 times, paper ink, stamps, postage, etc not to mention the strain I was under at the time because of an operation on my knee but still made the deadline, I was gonna send a fax to this effect and see if they settle b4 the hearing. :)

[Celicaman]

Hi JM, Dont think i would bother sending them a reminder, its not your problem if they havent turned up, if they had intended to they would have by now. Concentrate on you going to court and getting argument right on the off chance the judge tries or has been asked for a stay.

Good luck, im sure you got it covered

 

CM

[caro]

I quite agree with Celicaman. It's their problem that they haven't complied and it's down to the court to do any reminding, not you. You don't want to give them more time to get their act together to fight you in court. Just make sure you are ready for court and show yourself to be more professional and organised than they are.

 

I'm sure they are still more eager than you to avoid court, so don't let them think you're weakening under the pressure. It's their turn to do the running now.

[JunkiMunki]

Hi everyone,

after the letter I delivered to court on 14th August, requesting that the Judge permits me to enter Judgement against the Yorkshire Bank due to their failure to comply with an order made by Judge Butler on the 27th June 2007, and clearly states that If the defendant fails to comply with the order then the defence will be struck out without further order and the claimant can enter Judgement, after requesting that as they did not comply by the said date they have actually defaulted so if they had applied to stay my case as stated in a letter received on 8/08/07 despite the fact that they must have known that they had already defaulted but still had the Audacity to send me a letter stating that since I raised my claim in court the Bank has become involved in legal proceedings with the OFT in relation to charges.

 

You should be aware that the bank will shortly be applying to the Court to stay your claim until resolution of the banks proceedings with the OFT.

As a result , your claim is likely to be put on hold until the outcome of these proceedings are known.

 

I contacted the Court upon receipt of this letter and was assured that in order for the bank to request a stay upon my claim they must first apply to the court , and as of the 10th August this had not been done, and neither had they submitted the information requested by the judge in the order made on 27th June 2007.

 

I stated all this within my letter to the Judge and the fact that if they do happen to apply for a stay then I request that the Judge does not uphold the stay for all the reasons above.

 

I received a letter dated 16/08/08 from the court which stated in reference to my letter dated 14 th the District Judge has granted your request for judgement to be entered and the Hearing for 21st AUGUST HAS BEEN VACATED. Please complete the enclosed Judgement form and return to court as soon as possible so that we can enter the Judgement for you.

Iam going to fill the form in and hand deliver to court on Monday, and am also going to attach a polite letter requesting that the Judge allows me to add a total of £376 wasted costs order, as it is my belief that the yb have allowed me to copy and post the 3 court bundles that was required by the courts, when it is clear that they had no intention of ever defending the claim.

junkimunki xx

[caro]

Fantastic news JunkiMunki. I just hope YB don't mess you about and you get paid quickly. Don't start celebrating until you have the money.

[JunkiMunki]

I am just completing the Judgement form, Not heard anything from the fax I sent to K Ross, regarding my letter to request that I be granted permission to enter Judgement by default due to the deliberate act of non compliance that the YB has shown again, I will also be requesting that the Judge allows me £376 for the Wasted costs order, in which I have included a breakdown of the amount. Will be requesting this claim be settled in a single payment to myself as soon as possible

[JunkiMunki]

Hi to all,

Sorry I have not been on but the situation is a waiting game at the moment, I sent my Request for Judgement form back to the court on 25/08/2007, after a letter from the court on 16th August stated that the District Judge had granted my request for a Judgement to be entered, and that the hearing scheduled for 21st August had been vacated.

 

I filled in the Judgement form sent to me and added a letter requesting that I be granted permission to enter a "Wasted Costs " amount of £376, on to the Judgement amount.

I gave a full breakdown of this figure and am awaiting a decision on this at the moment, according to the courts they are a bit behind at the moment but should be dealt with by Wednesday , so am keeping my fingers crossed.

 

On July 9th 2007, I wrote to the YB requesting a second lot of statements, for the period "Onset of Account -- up to and including April 2001", this information I requested by letter stating the "Data Protection Act" , I enclosed a payment of £10 with my letter and stated that I looked forward to this information within the 40 days allowed .

 

I then received a letter from them dated the 18th July,it stated as follows:

 

Re : Data Subject Access Request --- Account No : xxxxxxxx

 

I refer to your recent letter concerning charges applied to your account, in which you have requested copies of your bank statements since your account was opened.

 

Please note that under the Limitation Act 1980 , the period for which a claim can be made is limited to no longer than six years prior to the date of the claim. Any claim you intend to make can therefore only relate to charges applied in the previous six years.

 

We are currently in the process of retreiving copy statements for the last six years only and we shall forward these to you as soon as possible.

 

If you indeed wish copies of your statements issued prior to the six-year period , please provide your confirmation in writing to me at the address above.

 

Yours Sincerely

 

xxxxxxxxxxxx

 

 

I replied to this letter on the 19th July stating that unfortunately the information regarding the Limitation Act in their last letter was incorrect,

and that according to the Limitations Act 1980 section 32 [1] Provides that were there has been concealment of any fact relevant to the claimants right of action the time does not start to run until the discovery of the concealment.

 

As the concealment was discovered on March 21st 2007.... The Whistleblower, which went on to reveal that the YB had a costing system which showed that it could not cost the bank more than £2.00 to deal with the various breaches.

 

According to the above the time therefore runs from March 21st 2007 until March 21st 2013 to bring a claim for any charges prior to 2007.

 

I furthermore requested again the statements from the onset of my account up to and including April 2001, and that I did not require the statements for the last six years as they had stated they were sending to me.I made it perfectly clear that I did not require these statements as I had already had them.

 

I stated in my last paragraph please ensure that you only send the statements for the requested period, thank you once again and I will be expecting this information within the 40 days allowed.

 

................................................................................

 

I heard nothing more until September 7th September 2007, when upon opening a large envelope I found that the statements they had eventually sent to me were the ones I specifically requested them not to send, and that the statements requested had not even been mentioned, there was a covering letter which stated the folowing : ,

 

Statement pack 1 of 2

 

In any future correspondence regarding the contents of this pack please quote reference no : xxxxxxx.

no names or signatures or dates upon the covering letter.

 

I have now written to them for the 3rd time requesting the statements again and have also told them that I am formally complaining to the Information Commisioner and to the Code Compliance Office for the non compliance of my previous 2 requests which is a breach of the banking codes. :(Junkimunki xxx

[remus]

Brick wall comes to mind Junki:( but we have to keep chipping away, Know what you mean by the waiting game, gosh, did you realise how much patience you had:D

[JunkiMunki]

HI

Remus me "old buddy" yep know what you mean by patience , gonna ring up the courts after 3 see if they know anything patience wearing thin now .... will put update on ere later got to go out for an hour more ink needed for YB correspondence regarding 2nd lot of statements , done the letters but have got to print them out and send ....

catch you later old buddy xxxx

[JunkiMunki]

Hi there everyone..

Just received a telephone call from Derby Court, regarding a claim against the Yorkshire Bank, whereby I was granted a request by the District Judge to enter a default Judgement against them after they did not comply with the courts order at all.

 

After I had submitted 2 complete bundles to the YB and to court, I then had my own copy of the bundle, which had amounted to near on 1,100 pages to be copied typed researched bundled filed and indexed, then completed and sent within 21 days of the order.

 

It was the YB's turn to comply with the court order within 21 days of mine being submitted, after waiting above the time limit stated I contacted the court regarding a default by the YB, after requesting that the Judge grant me permission to enter a judgement by default, and referring to the applications of that order whereby it was stated by the District Judge ,....

 

That failure to comply with the order within the stated time would result in the defence being struck out without further order and the claimant may then enter judgement.

 

I received a letter from the Court on 16th August granting my request to enter Judgement by default,was told to complete the enclosed judgement formand return to court , and because of this the hearing arranged for August 21st had now been vacated. I attached a letter requesting permission to add £376 to the amount of Judgement for Wasted costs, due to the ignorance and deliberate non compliance of the Courts order, and for all the time effort and correspondence to the YB , since December 2006, to which I only received minimal replies.

 

I posted my judgement form back to the Court on the 25th August 2007, where it was filed for post Judgement by the District Judge, after telephoning a few times regarding the claim I was made aware of a considerable backlog being tackled by the staff over the weekend.

 

I telephoned again on Monday the 10th September regarding my claim, and was told it was still post Judgement, the lady said she would telephone the next morning and relay what is happening to my claim.

 

I was phoned this morning by a member of staff from the Courts, and told that in view of my Wasted costs order, I would have to apply on the necessary form with the correct fee, and that the YB had submitted an application to have the Judgement set aside, the reason they have given for the Default is exactly the same poor excuse that the other banks are all using , which is by way of a short line of words which state...

JUDGEMENT IN DEFAULT CAME TO BE ENTERED BECAUSE OF AN ADMINISTRATION ERROR.... YEAH PULL THE OTHER ONE IT HAS GOT FR****NG BELLS ON IT, THE LADY EXPLAINED THERE WOULD BE A LETTER COMING BY FIRST CLASS POST regarding this and that a hearing date would also be sent to attend a hearing at court in view of the YB's Request, I could also make an application for the wasted cost's at this hearing.

 

I explained that I do not consent to the YB's application and that I opposed it 100% as this was clearly another form of prolonging settlement, by way of "UNFAIR OBSTACLES" AS THE FSA HAVE STATED IN THEIR DOCUMENT.

I did receive a letter regarding this dated 4th September from the YB which had MY CLAIM NO ON IT, ADDRESSED TO MYSELF, the letter then started "Dear MRS ******** AND UNDERNEATH IT QUITE CLEARLY STATED..

 

[ SOMEONE ELSES NAME A MALE PERSON ] V Clydesdale Bank PLC t/a Yorkshire Bank,

CLAIM NO : being my claim no; but not my name, another BOTCHED UP ADMINISTRATION ERROR, AND DELAYING TACTIC, FROM THE EVIL SWINES.

 

I explained to the lady that the period I was claiming the charges for, were from 2001 -2006 inclusive and which I had confirmation and proof that I was living on government benefits during this period and despite the legislation in place to protect my benefits the YB had deducted all charges from my account for the whole of that period.

 

ANY ideas as to what I can do next ?????????????????????????????????

 

Junkimunki xxx so near and yet so far , will write in connection to this matter to the FSA concerning the terms attached to the Waiver.....

[JunkiMunki]

Hi there !!

Got my Judgement entered on the 13th September 2007, but have got to put in an application for the wasted costs on the appropriate form , then the Judge has said he will consider it. this is a copy of the Judgement order I received from the Courts

 

 

Judgment for Claimant (in default) 13 September 2007

 

Yorkshire Bank Pic

Advice Quality Unit/Charges

3rd Floor

Brunswick Point

Wade Lane

Leeds

LS2 8NQ

 

 

Date13 September 2007

 

 

 

To the Defendant

 

You have not replied to the claim form.

It is therefore ordered that you must pay the claimant £3760.09 for debt (and interest to date of Judgement] and £0.00 for costs

 

You must pay the claimant a total of £3,760.09 forthwith.

 

 

Warning

If you ignore this order your goods may be removed and sold, or other enforcement proceedings may be taken against you. If this happens further costs will be added. If your circumstances change and you cannot pay, ask at the court office what you can do.

 

Notes for the defendant

If you did not reply to the claim form and believe judgment has been entered wrongly in default, you may apply to the court office giving your reasons why the judgment should be set aside. An application form is available for you to use and you will need to pay a fee. A hearing may be arranged and you will be told where and when it will take place.

 

How to Pay

on the 14th September 2007.

 

 

this was received on the 14th September , also received from the Courts today was the following " Application to set aside a Judgement" , this was from the Yorkshire Bank's Solicitor "Lyndsey Margaret Cullen", and was dated 4th September 2007, but this was the first time I had seen this document , and today was the 14th, it states that they want the application dealt with without a hearing , then there was a statement from L Cullen which stated as follows....

I am employed as a solicitor by Clydsedale Bank. I have conduct of this action on behalf of the defendant and am duly authorised to make ths statement on the defendant's behalf.

 

Unless otherwise indicated, the statements which I make in this document are made within my own knowledge or from perusal of the documents in the possession of the defendant, or from information provided to me by the defendant.

 

I make this statement in support of the defendant's application to set aside Judgement in accordance with CPR part 13.3[1].

 

The Background..

 

4] I refer to a copy of the Statement of Nicola Alexander Paralegal for the Defendant dated 4th September 2007, page 1 of "LMC1" which sets out the reason why Judgement in Default came to be entered in this action.

 

5] It is clear from Mrs Alexander's statement that the bank had failed to respond to the Courts Order of 27th June 2007 due to an administrative error.

 

The application :

6] The Defendant requests that this Honourable Court sets aside Judgement on the following grounds:

 

[a] Judgement came to be entered as a result of an administrative error for which the defendant apologises.

 

The defendant considers it has a real prospect of successfully defending this claim. The Defendant has therefore enclosed a copy of the Banks defence copy of which is attached at pages 2-6 of "LMC1".

 

7 In light of the information contained at paragraphs 9 [a] and of this statement I submit that the defendant has satisfied the criteria of 13.3[1] in that the defendant has a real prospect of successfully defending the claim as shown by the defence [pages 2-6 of "LMC1"]

 

Dated 4th September 2007.

 

The following is exhibit "LMC1" referred to in the witness statement of "LMC1" dated 4th September 2007.

 

Statement of Nicola Alexander

 

My full name is Nicola Alexander, I have been employed by Clydsedale for six years. I am currently a Paralegal in the Legal services Dept.

 

On 26 th April 2007, Mrs ** ******** raised an action against the bank.

The claim was received on 27th April 2007, an acknowledgement of service was filed on 13 th April 2007.

 

On the 27th June 2007 the court Ordered the claimant to set out each and every charge showing the date, amount, reason why the charge was made and statements or other documents to be relied upon in court.

THE CLAIMANT COMPLIED WITH THE ORDER.

 

The Bank however, failed to respond to the claimant's letter due to an administrative error in recording the date upon which the response was required. The Bank apologises for this error.

 

Consequently, a Judgement in Default was received by the Bank on the 16th August 2007.

 

I beleive that the facts stated in this witness statement are true.

 

dated 4th September 2007.

 

The DEFENCE documents that were enclosed consisted of the very same pages that were sent to myself when they acknowledged the claim back in May 2007, it was the very same wording and details, and had the very same MISTAKES within but was NOT signed and dated 4th September 2007, where as the other document was signed by a "Kirstie Ann Ross " Solicitor.. and dated 24th May 2007.

 

I was also sent the Notice Of Hearing Application, which states ...

The hearing of the Defendants application for a Order to Set Judgement Aside [see copy attached] will take place at 11.30 on the 27th September 2007 at Derby County Court, Combined Centre .

 

Does anyone know if this means I have to attend in person and if so shall I just take all the information I have got and gathered in reference to opposing their application, along with my statement of Evidence as to why I do not want this Judgement to be set aside , and to the tactics and unfair obstacles the bank has used so far in delaying this settlement.

 

I faxed a detailed letter to their solicitor last week in connection with this matter , advising her that I would not give my consent for this application to go ahead, and I do not accept their apology for the administration error, as I myself beleive it is just another delaying tactic that the Majority of the Banks are now using , I have evidence of a few other banks quoting exactly the same administration error, by way of NON COMPLIANCE WITH AN ORDER means forgot what date order should have been completed .

 

Surely this shows an abuse of their fiduciary position, and once again a BLATANT DISREGARD FOR THE Judicial System, and IF it was a mistake WHY had they not contacted either me or the courts before now. I told them that according to their AQ form they had requested a months stay in order to try and settle this matter, this was dated the 22nd June 2007.

 

 

The Judge made his own order, and yet I have not had any correspondence towards settling this amicably between ourselves and are now expected to beleive their "COCK AND BULL" story of their administration error............., and as the charges in question were all deducted unlawfully from my account as it consisted of Benefit payments only, the Hardship this caused to myself and family over the last six years, has been unbelievable as at times it has left me with virtually nothing to live on.

 

I am still in arrears with my Mortgage, which I am still accruing slowly, I have other bills that I just cannot pay as my financial situation is getting worse by the month as the new bank I transferred to in March 2006 , have deducted an amount of £1,146 from my benefits again since June 2006 - September 2007 inclusive

 

I am being stopped £150 from my benefits each month for the charges and as I am only receiving £286 per month in benefit means that after the bank have deducted their £150 it leaves me an amount of £130 to keep myself and family for the month plus pay my bills as well.

 

My financial situation at the moment is causing me and my family unecessary stress which could have been avoided had the banks not contravened the Legislation in place to protect benefit claimants.

 

 

Husbands benefits of £324 PER MONTH does not go a long way as once I have taken the Mortgage Payment out , leaves us with a small amount to divide between other bills and the Mortgage arrears that are still increasing instead of decreasing.

 

I have been fighting for this money since Dec 2006, and had the banks not been using every delaying tactic they could think of since the initial claim then this claim would have been settled weeks if not months ago and I would have been able to pay off the arrears on my Mortgage and pay a substantial amount off other serious arrears that I have at the moment.

 

anyone else received similar occurrences regarding matters above and the unaccepatable excuses being used as valid reasons for their applications. :evil:

[hilaryfrances]

looks like you will have your money soon, I am soooooo pleased for you. Brilliant news,

[JunkiMunki]

Hi HF

I got the Judge to strike out their application to set aside a judgement by default order that ONCE AGAIN they did not comply with and they had the audacity to tell the court and myself it was an admin error, Judge did say they might appeal to the decision but I dont think they could make it stand after all since December 27th 2006, they have not complied with any request from me or the Courts and it even took 57 days for them to conform with my SAR request.

 

Have faxed them a letter today asking they pay immediately the amount of the Judgement dated 13th September 2007, and that a wasted costs order to the amount of £426 will be following shortly , FAilure to comply with this action will enable me to approach the Courts and issue a Warrant of Execution.

 

Will have to wait for their reply now !!!!!!!!!!!!!!!!!!

[remus]

Hi JunkiMunki, fingers crossed that they pay soon:)

Perhaps a nudge that a further £55 will be added to the costs when you issue the warrant of execution;)

Know its going to be difficult to find yet more money, I baulk at the £10 for the sar I'm having to do.

Everything crossed that you receive your money before you have to shell out anymore that you haven't got:)

[JunkiMunki]

Hiy Remus ,

nice to hear from you again, I dont mind issuing a Warrant of

Execution, as the cost does not matter to me as I get a remission or exemption from the fees because of my benefits, so it really is up to me to fight it out all the way.xx

 

Just received my 2nd Lot of Statements after requesting them 3x and being told by the bank that I could not claim from these because the law says blah,blah,blah, so wrote back again asking them to read the Limitations act again and define S32 [1][c] date of concealment, told them if I did not get the requested information within 10 days I will once again write to the Information commisioner, about their NON COMPLIANCE .

 

Guess what received statements within the 10 days, and the period covered is from 1987 -- 2001 inclusive I am gonna start these on Monday,

already claimed 2001--2006, all charges taken from this period were taken from my benefits, of this second lot of statements 1995 -2001, were once again benefit payments, but 1987-1995, were taken from my account but I was not on benefits during this period.

 

Nothing to lose everything to gain, NEED a new roof to keep out the rain.

Junkimunki xx;)