Pls help me in court on wednesday

[katiemay2007]

Wondering if anyone can help me.

 

Iam currently claiming over 4000 pounds from the Yorkshire bank.

Been threw MCOL and put judgement of default in on 17/07/2007 And waited a week for reply. Rang the bank a week later to ask if i was gonna get paid.

I was told that the cheque was in the post.

 

A week went by no cheque so rang again told would be with me in a few days. I then recieved a letter from the bank telling me they were aware of court action made against them this was dated 31/7/2007. This letter went on to say they were going to put a application to stay cause of the OFT test case.

 

This is where it gets interesting they then sent me another letter dated 9/08/2007 saying that they were not originally aware of the MCOL claim made against them and that they were going to put in a application to set aside judgement on these grounds.

 

I have since recieved the application from the court and a court date for 29/08/2007 for which I am to appear.

Can some one please read this and offer advise or tell me a possible outcome. I am so desperate and have no one to turn to for help.

 

I have acctually put in a warrant for the money after I recieved the first letter just to confuse you even more.

 

[email=abuse@moneysavingexpert.com?subject=Reporting post http://forums.moneysavingexpert.com/showpost.html?p=6082153][/email]

[jansus]

First of all if you have 1) an offer and 2) case for judgement as they have not produced any papers you have a good case to have the stay refused.

 

The Stay - Here is the application grounds for the removal of the stay

 

 

As this a short post excuse me if I am not sure of all the facts.

 

Is the hearing a directions hearing or a hearing about the stay

 

I assume you completed your court bundle.

 

Have you nudged the solicitor or bank at all to remind them the hearing is still next week?

 

I would let them know that you are attending and will be appealing against the stay ( you can use the document above) take to court .

 

I will try and come back to you later - as I am really busy at the moment but in the mean time read up in the section for your bank as well to see what is happening

 

Jan

[caro]

I assume as you had judgment by default you won't have done a court bundle, and I wouldn't bother reminding them of their obligations in complying with the courts directions. That's their lookout if they can't get their act together. This is typical YB ignoring the courts and automatically applying for judgment by default to be set aside, and then having the cheek to want to stay the case.

 

What exactly does your letter about the hearing say? I imagine it's a set-aside hearing and they'll be asking for the stay.

 

There's an updated application for removal of a stay here. http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post131900

 

You can also object to having the judgment set aside. Which court is this?

[BankFodder]

Do you still have an account with them?

[caro]

How did you get on with this katiemay?

[katiemay2007]

Hi,

 

Well I turned upto Court on Wednesday ready to fight my case and the bank didn't even turn up. It has now been thrown out of court and they can only apply again if they have sworn evidence of why they didn't turn upto court. The Judge advised that the warrant is now still outstanding and I can continue to persue this in the normal way.

 

I am still a customer of the YB and if anyone knows how I can complain about the Solicitor as I believe this is something I can do after I have got my money.

 

Thanks

Katiemay2007

[caro]

Good news then - or it will be when you get your money.

 

Who was the solicitor? Was it Kirstie Ross? If so she's a member of the Scottish Law Society, and this link takes you to their site where you can find out about the complaints procedure. If not Ms Ross search the name on the site to find out if Scottish as I think they're likely to be.

 

The Law Society of Scotland