HELP, Clydesdale/Yorkshire Threat!!!!

mikedr02

Received a letter today from Clydesdale Bank solicitor stating that they have requested the court to strike out our claim. They have indicated to the court that if it agrees to strike out our claim they will not seek any of the recovery costs from us to the extent that they might otherwise be entitled to do so.
They have asked us to complete a Notice of Discontinuance by our own volition with 21 days to ensure they wil not seek costs.

Q1 - What do we need to do regarding the court claim?

Q2 - Can they seek costs from us if we don't return the Notice?

Q3 - Do I need to complete the Notice of Discontinuance?

The letter feels very threatening and intimidating!:mad:
LOOKS LIKE THEY WON IN THE END, BUT DID HAVE SUCCESS WITH OTHER C/CARDS.

Any advice greatly appreciated.
Mikedr02

natweststaffmember

mikedr02 wrote: »

Received a letter today from Clydesdale Bank solicitor stating that they have requested the court to strike out our claim. They have indicated to the court that if it agrees to strike out our claim they will not seek any of the recovery costs from us to the extent that they might otherwise be entitled to do so.
They have asked us to complete a Notice of Discontinuance by our own volition with 21 days to ensure they wil not seek costs.

Q1 - What do we need to do regarding the court claim?

Q2 - Can they seek costs from us if we don't return the Notice?

Q3 - Do I need to complete the Notice of Discontinuance?

The letter feels very threatening and intimidating!:mad:
LOOKS LIKE THEY WON IN THE END, BUT DID HAVE SUCCESS WITH OTHER C/CARDS.

Any advice greatly appreciated.
Mikedr02

Is this a credit card claim or a bank account case?

Premier_2

The bank has applied to strike out the claim.

What do you want to do about it?

If you do nothing, the court will hear the application to strike out and if it agrees, will almost certainly do so.

If you want to defend the application to strike out, you'll need to tell the court why (which may require you to attend court). Depending on your POC, the best approach to defend the application may be to seek leave to revise the existing POC.

By agreeing to the Notice of Discontinuance, the bank will probably provide a copy of that to the court to back up their application to strike out the claim. You don't have to sign it. If you do, the case will almost certainly be struck out.

You've presumably claimed via the small claims court/mconline using the fast track procedure. Normally legal costs are not warded for such claims, but the bank may, especially if it fails to get the claim struck out, apply for the claim to be dealt with via an alternative track where legal costs would be awarded. Again, this would be down for them to convince the judge to do so, (but it'll probably be quite easy now in a bank charges reclaiming case). An application for legal costs incurred before the change in track was agreed would not normally be entertained ... but nothing is guaranteed in court cases, especially county ones, until the judge decides.

natweststaffmember

I would further add to the previous post. Have you contacted your local court to see if the bank have applied to strike out the claim since a letter from their solicitors is not a letter from your county court.