Tobydoby v Yorkshire Bank

[Tobydoby]

Hi All

 

Further to my introductions I would like to tell you where I am up to with my claim against the Yorkshire Bank.

 

For a starters a few days after making my initial reclaim back in March scheduling my charges and stating I wanted a refund they closed my account...not very friendly given I had been with the YB for over 11 years !!

 

Gave them 14 days to respond and received standard T's &C's letter saying they are not preapred to refund the £1300 + £250 interest I was claiming. Gave them aother 14 days to reconsider and threatened court proceedings. The 14 days passed no response so submitted a claim on MCOL which I received a Notice of Acknowledgement N10 from a Kirsty Ann Ross stating they intend to defend all of this claim.

 

They have until 20th June to file a defence and I am just waiting for either a response or the 20th to pass before going for a judgement by default

 

Is anyone else at this stage with Yorkshire Bank (Clydesdale Bank PLC) and any advice as what to do next?

vbrep_register("898722")

[sajabu2003]

Welcome to the YB forum Tobydoby. judge_dredd is slightly ahead of you I think. Have a read of their thread... Do I issue a warrant

 

All you can do at the moment is sit and wait to see if YB enter their defence. If they do then you should receive a copy and then you might get an AQ form from the court. Saying that you might not as MCOL seem to be dispensing with the AQ's lately. Another good thread to read would be this 1... Is your court dispensing with the Allocation Questionnaire?

 

Keep us all updated with your progress and if you need any advice just shout.

 

Good luck with your claim

 

Sarah.

[Tobydoby]

Hi Everyone

 

Received today YB's defence letter interestingly enough from Clydesdale Bank (Glasgow address) t/a Yorkshire bank stating the following .....

does this sound familiar to anyone?

• I have failed to provide full details & supporting documentation of the charges I allege should be refunded detailing a list of the amount of each and every charge
  
• I have not specified the account numbers, therefore the defendant has been unable to obtain copies of the statements and accordingley is unable to plead to the specific charges or to the quantum of the claimants claim ??
  
• They then refer to their T's & C's stating the bank will refer at trial to these & go into great detail of how justified they are in their charges etc etc etc
  
• CPR Part 18 attached asked to respond before end of June otherwise if I do not provide an adequate response the defendant they will apply to the Court for an order requiring me to do so
  
• MCOL is stating that the claim will be transferred to the appropriate court for continuation....I assume a court date will be imminent .... awaiting to hear?

I originally submitted back in May to YB a full schedule of charges itemising each charge plus interest calculation I was claiming. Some points I would be interested to hear on

 

• I did not attach the charges schedule or account details on my MCOL claim ........ does this matter?? (I have a copy of everything)
  
• Should I respond to YB as they ask within their time limits & provide them with copies of everything or ignore them and wait for the court to ask me to provide this??
  
• On their defence document there are inconsistencies in the claim number ....wondered whether this could be thrown out on this technicality....very careless of YB

Any help/comments would be very much appreciated.

Thanks

Tobydoby

[JunkiMunki]

Hiya td,

I received the YB's Defence, after reading what you put I think it is a standard response to most claims as the questions seem to mirror what they put in my defence forms, I have not replied to these but am at this moment completeing the AQ's that were sent to me on the 5th June by the court, they have to be returned by the 22/06/07 there is 3AQ's to submit as I am claiming for my sons as they do not have the time. I am hoping that once the court receives these then I will be given a court date.

[JunkiMunki]

They have got my account no: incorrect as there is a digit entered wrong, I have already put this error within a help quote on the forum ,it would be brill if it could be used to our advantage as the solicitors have the upperhand on us everyday claimants.

I was referring to their qualifications and status.

I have got to remind my sons for the £100 each that is required with the AQ's, I am on benefits so don't have to pay for this AQ,I will just add this to my sons final figures , along with an amount for the time I have spent so far on their cases, I am hoping that the YB contact me over settlement before I have to do the Court bundles as there are 200 pages , which you have to pageinate and then require 3 copies of , will burn my little printer out if I end up doing it 3x3 LOL LOL LOL

[Tobydoby]

YB state in their defence letter that I have failed to provide full details & supporting documentation of the charges I allege should be refunded and have requested a list of the amount of each and every charge.

They have given me until 28 June to respond per CPR Part18 or they say they will apply to the Court for an order requiring me to do so, unlikely to get a court date until well after 28 June.

 

Given I sent the original schedules to my YB many moons ago should I comply with YB's request and resend to CB as it was not included on my MCOL or ignore them and wait for my imminent court date:idea:

Thanks

Tobydoby

[sajabu2003]

Personally I would send them a copy and the court too if you didn't send them when you did MCOL. They will use any reason possible to have a claim struck out. Don't give them that reason

 

Sarah.

[Tobydoby]

Thanks for your help Sarah....will send YB copies of my schedules etc and when I get my hearing date will make sure the courts have same.

Will keep all posted

[JunkiMunki]

HIYA Tobydoby;

Submitted all 3 AQ's into court today 22/06/07, paid the fees, and posted a copy of each AQ and a copy of charges claimed to YB, I posted them to the address they stated on their AQ not the Glasgow address

which they used on their covering letter , I have also noticed that the Solicitor is now a N.R. Jones [ Solicitor - Dispute Resolution] on the covering letter enclosed with their AQ's not K.A.Ross, as was stated on the defence letters, is your's the same. In the end I used the proposed draft order [jonni2bads template] and added the "other info RE;N150 Allocation Questionnnaire typed into the space H on the form . which did you use ;)

[Tobydoby]

Hi JunkiMunki,

 

I have only received CB/YB's defense letter and I am awaiting the next step which I assume is being advised of a court hearing. As soon as I hear I will update you.

 

Good Luck with the AQ's .....and give the CB/YB and their resolution solicitor (s) what they duly deserve !!

:-D Tobydoby :-D

[Tobydoby]

Hi everyone

 

Just to keep you all posted finally received details of transfer to LEEDS MERCANTILE Court for 4 Oct (shame it's not sooner as up for it!!)

Looks like it is one of those mass hearings where I will be one of a batch number of cases

 

It says no later than 7 days prior to the hearing a completed Case management in accordance with CPR59 should be filed with the Court, subsequently received a Case Management Information sheet with loads of questions to be completed which to be fair most of it looks common sense.

 

It will be interesting to see what develops with the YB is with regard to their "disclosure order" where they have until 28 September to decide if it will settle the 7 outstanding claims in Hull or face having to outline its charging structure in open court would no doubt have an impact on us remaining claimants.

 

Any comments/views on this?

 

Tobydoby:cool:

[Tobydoby]

Does anyone know what the position is with the Courts where we have been given hearing dates

 

Do you think we will have to wait for the OFT ruling ...... all I could see on the OFT website was

 

"It will be for the courts to decide in relation to claims made to them".

 

Appreciate we carry on as normal unless instructed otherwise but I am concerned this could now drag matters out where we have confirmed Court Hearing dates?

 

Does anyone have any news on what the Courts are doing in the light of this?8-)

 

Keep Smiling

 

:xTobydoby:x

[georgieboy]

Yes it seems to be carry on and await your local courts decision to either wait till next year for the out come of the OFT vs The Banks or they may still hear your case on the date you are given - best answer I can think of at the moment:confused:

[grimethorpe]

my Case Is This Monday 30th July And I Have Heard Nothing From Court To Say Case Stayed Or Otherwise, So Going On Monday To See What Happens , Will Post When I Get Back From Court On Monday. Good Luck All, Rob

[Tobydoby]

Good Luck for Monday

[georgieboy]

Fingers crossed for you and the best of luck to you;)

[JunkiMunki]

Hi Grimethorpe,

Good luck for Monday Mate will keep my fingers and toes crossed for you "LOL LOL ", I dont want to sound prejudiced but feel that everyone who has returned and completed the AQ,s should be allowed to continue their claims as routine and ONLY the rest should have to wait for the outcome before being processed beyond the AQ stage, I myself have already complied with an order made by the judge in submitting my bundle , and that the YB had to comply the same with a deadline being set as 7/08/07, and unless already settled satisfactorily then a hearing set for 21/08/07, as all the charges I am claiming have been taken from my benefits, which under the Social Security Act is not allowed feel that we should be able to continue as they knew of this law and failed to respect it .

click my scales if this info is of any use . well we all want brownie points :cool: , Junkimunki xx

[Bigmac versus]

JunkieMunki it really is up to the judge and time will tell, i suspect some case will be stayed although you should apply to remove it if this is the case.

Should be ok

[Bigmac versus]

Grimethorpe hope all goes ok for you.

[JunkiMunki]

hi there Bigmac V,

Really appreciate that a bit of onfo, thanks for taking the time to fill me in. Junkimunki xx

[Tobydoby]

Hi Everyone

 

My case is listed for hearing in Leeds Mercantile next Thursday 4 October and guess what .....the YB submitted yesterday their application to have the case stayed in the light of the OFT ruling etc. etc. etc.

 

HAS ANYONE MANAGED TO PURSUADE THE JUDGE TO REFUSE THE STAY ?

IF SO ON WHAT GROUNDS ?

 

Or is it looking like we will have to wait until the OFT High Court Case has been settled and then we all know whatever the decision is the banks will appeal to the House of Lords aginst the ruling and we don't see sight of any money for years !!

 

HAS ANYONE MANAGED TO NEGOTIATE WITH THE Y.BANKS COUNCIL WHILST IN THE COURT TO AGREE SETTLEMENT ....or is that expecting too much from the YB?

 

Concensus of opinion would be most appreciated

 

Good Luck to all my fellow claimants

 

Tobydoby

[Tobydoby]

Since no response to my thread last week re Stays be interested to hear from anyone who is attending this Thursdays 10.30 hearing in Leeds ??

 

Or am I the only YB claimant looking to kick the Clydesdale/YB backsides (being polite) If any of you do respond to this thread I would be interested to learn whether you will be opposing Clydesdales/YB request for a Stay.

 

Tobydoby will NOT :ojust let Clydesdales/YB dictate matters on the day so any support to convince the judge to hear our cases will be welcome.

 

Any comments/help ??????

[georgieboy]

Hi tobydoby I did not apply for a stay but I believe there is a template letter to apply for a stay in the libaray on this website, it may be best to make 3 copies and take them with you to court. Hope this helps and the best of luck for the 4th. I think you have to plead that yours is an extreme hardship case and I guess you should go looking like Worzel Gummidge

[Tobydoby]

Result of my Court Hearing today at Leeds Mercantile

 

 

Stay ! Stay ! Stay ! Stay ! Stay ! Stay ! Stay !

 

Despite my attempts to have the stay lifted the judge agreed to the banks application for their Stay. Now have to put on hold getting any money back this side of Xmas until after the OFT ruling......what a bummer !!

 

So maybe next Xmas or the year after that or maybe not al all !! at least I gave it my best shot

 

Tobydoby8-)

[hilaryfrances]

sorry to hear that TOBYDOBY, I have just heard today that I have a hearing on the 15th of this month, I hope that the courts are not just "going through the motions", and that they really have no intention of lifting any stays