Yorkshire Bank Claimants in Court - please contact your court

esmerellda

As Yorkshire Bank claimants will know Yorkshire arent the greatest at actually sending documents they say they will.

They appear to have entered applications for summary strike out of bank charges claims without a hearing and are telling the court they have sent the information to the claimants. However the claimants do not appear to be receiving this information so we suggest that you contact your court regarding your claim and ask if anything has been submitted by the bank.

The court should let you know if there is to be a hearing, our concern is those courts which look at the summary application and decide to judge it without a hearing.

You'll need to tell the court your claim number.

Premier_2

esmerellda wrote: »

...
They appear to have entered applications for summary strike out of bank charges claims without a hearing and are telling the court they have sent the information to the claimants. ...

I'm not sure what you mean. Could you explain further please?

An application to strike out does not usually happen after a hearing. What documents are needed to be supplied to the other party by the applicant asking for a case to be struck out?

There are several reasons someone can apply to a court to strike out a case against them, but very simply put, it is usually because there is no case in law to answer. That is not a matter of debate or differing opinion, but a fact based on law which the judge will decide upon.

esmerellda

IF people want to carry on and believe they DO have a valid case, and its not covered by the test case ruling, they will need to present those arguments to the Judge to prevent said strike out.

The applications state TO THE COURT that a CASE SUMMARY and copy of application has been sent to the claimant (when in fact it has not) to give the claimant the opportunity to counter the application if they so desire.

esmerellda

Just to let people know that this IS an issue - a claimant has received this from the court today - WITH NO WARNING FROM YORKSHIRE BANK OR THE COURT

upon reading ex parte application court makes order ordered that
1 There be summary judgement against the claimant pursuant to CPR24.2 on the ground that the Claimant has no real prospect of succeeding on the claim
2 Because the order has been made without considering representations from the parties , the parties have the right to apply to have the order set aside varied or stayed . A party wishing to make an application must send or deliver the application to the court together with the appropriate fee to arrive within 7 days service of this order .

SO PLEASE CONTACT YOUR COURT IF YOU ARE WITH YORKSHIRE BANK

Premier_2

Sorry, I'm still confused as to what the issue is here.

The order states that no representations have been made and allows the order to be set aside if successfully appealed. The court is doing what it should do by informing the claimant (and presumably the defendant). The order is a very fair imo as it specifically it gives leave to appeal the decision, presumably becuse of the lack of reprentations of either/both party.

The judge appears to have considered the POC and decided "the Claimant has no real prospect of succeeding on the claim" which is what MSE Martin has been saying in his recent articles (if the POC were based on his earlier template letters).

If any claimant (whatever their bank) wants to change their POC, I suggest they do so asap, for which I understand a charge will apply, although I accept that may be difficult currently because MSE Martin & his legal team are taking some time to come up with the details new legal arguments for people to use.
Even with the new legal arguements, Martin thinks there is only a 10%-20% chance of getting any money back.

chipbeck

Confusing for people who are actually trying to get charges back as well Premier. I just rang the court to see what was happening with my stayed claim.
The girl said they are waiting to hear something from the Bank and also they are waiting to see what the top Judges are going to direct them to do.

You mention Martin and his team are 'taking some time', fair comment, but I together with many other people who still hope to get something back are grateful to Martin and his team for their efforts. To be honest I can't understand your comment re time as I assume you have no charges to get back.

Surely the comment wasn't one of your tongue in cheek digs.

esmerellda

Premier I am not continually arguing with you because its very tedious.

The order is 'ex parte' - ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties. It is also used more loosely to refer to improper unilateral contacts with a court, arbitrator or represented party without notice to the other party or counsel for that party.


Yorkshire Bank HAVE applied to the court for summary judgment.
Yorkshire Bank HAVE NOT sent the case summary to the claimant as they state, to the court, they have done.
Once Summary Judgment is made an APPLICATION to stay,set aside/vary COSTS between £35 and £75.
If you write in for consideration at same time the judge is considering the letter from Yorkshire Bank you should get an extension to the stay to enter proposed directions/new POCs without having to set aside a summary judgment.

SO If you have a YB claim in court, its likely YB will have written to the court or will be doing so shortly. Its hit or miss whether the court let you know and what directions they give or if they just make summary judgment, so contact the court and find out - IF you want to continue. IF you don't, or you are happy to ask to set aside the summary judgment later (and bear in mind you only get 7 days), then don't.

OK.

Premier_2

esmerellda wrote: »

...
Once Summary Judgment is made an APPLICATION to stay,set aside/vary COSTS between £35 and £75.
If you write in for consideration at same time the judge is considering the letter from Yorkshire Bank you should get an extension to the stay to enter proposed directions/new POCs without having to set aside a summary judgment.
....

How much will that cost i.e. to change POC? Let me guess, £35 - £75 by any chance?

As I said, if a claimant wants to change their POC, best to do so asap.


Btw, I know you keep saying YB have lied to the court, but I doubt YB see it that way. Not sure if that would be classed as perjury, but it certainly wouldn't curry any favours with the judge if he were to be made aware of a party deliberately trying to mislead the court.

I don't know how many cases you are aware of that involve such cases of alleged deliberate deceit, but if it was just the odd one or two, could it simply be that RM lost the letter (or indeed a multitude of possible other causes that a claimant didn''t receive a letter that the defendant claims was sent)

esmerellda wrote: »

...Its hit or miss whether the court let you know and what directions they give or if they just make summary judgment,...

I've not met a county court yet that doesn't inform parties of what directions they give or any judgement issued.
How on earth is either party supposed to comply with court directions if they are not informed???

natweststaffmember

Premier wrote: »

How much will that cost i.e. to change POC? Let me guess, £35 - £75 by any chance?
Fees range from £25 up to £300.00 on a claim of more than £3000.00.
A general application fee is £75.00
Application to vary a judgement or suspend enforcement is £35.00
If a claimant is on means tested benefits then they will pay £0.00 with a form EX160 completed and N244 if they amend their POC(next sentence of your post which I omitted).

As always I hope the information is helpful to you Premier in case you need to reclaim your charges