Yorkshire Bank

HEDGEHOG_2

HI ALL ON THIS SITE'' JUST AN UPDATE I USED TO POST AS GRIMETHORPE (NOW POSTING AS HEDGEHOG)
BUT MY COMP DIED A FEW WEEKS AGO AND I THOUGHT AS I HAVE JUST GOT BACK ON I WOULD LIKE TO UPDATE YOU ALL.

WELL I WENT TO COURT AND WON MY CASE AGAINST YORKSHIRE BANK AND THEY NEVER SHOWED AT THE COURT SO THE JUDGE FOUND IN MY FAVOUR AND AWARDED ME THE LOT BANK CHARGES INTEREST AND COSTS. THE COURT GAVE THE BANK 14 DAYS TO PAY IN FULL.

ALAS THEY NEVER PAID AND I WENT BACK TO COURT TO EXECUTE A WARRENT OF EXECUTION (THE BALILIFFS) BUT WAS TOLD THAT THE BANK HAD APPEALED THE COURTS JUDGEMENT.

I NOW HAVE TO GO BACK TO COURT ON TUESDAY THE 4TH SEPTEMBER AT LUCH TIME. TO STATE WHY I SHOULD BE GETTING MY MONEY BACK. THE BANK HAVE TO STATE WHY THEY ARE APPLYING FOR A STAYED VERDICT.

THE AMOUNT IN QUESTION IS IN THE REGION OF £7, 500. I AM THOUGH QUITE CONFIDENT THAT THE COURT WILL FIND IN MY FAVOUR AGAIN. ESPECIALLY AS THE BANKS SOLICITORS FAILED TO SHOW FIRST TIME UP AND THIS PEED THE DISTRICT JUDGE OFF' BIG TIME.

I HAVE SENT ANOTHER LETTER SUPPORTING MY CASE TO THE JUDGE IN SESSION ON THE DAY OF MY CASE.

SO AT THE MOMENT I AM WAITING TO SEE WHAT HAPPENS ON TUESDAY BUT WILL LET EVERYONE KNOW THE OUTCOME. WHATEVER HAPPENS TO MY CASE WE MUST ALL CONTINUE WITH OUR INDIVIDUEL FIGHTS AGAINST THE MULTI NATIONAL BANKS WHO ARE ROBBING US BLIND.

GOOD LUCK TO ALL.

KIND REGARDS THE HEDGEHOG.

Stokey125

What are the grounds of the appeal by Yorkshire Bank

HEDGEHOG_2

Hi Stokey

Their Grounds For Appeal Are, They Failed To Turn Up At The Court Because Of An Admin Error !!! Oh Yes How Manyy Times We Heard That One By The Banks.
The Second Resaon Is They Are Asking The Judge To Wait Until The Oft And Banks Have Made Their Test Case.

And They Say Section 13' 1, A. Which Means Zilch To Me. Cant Find That Anywhere At All.

Just Posted My Next Lot Of Evidence To The Court, But Am Now Ready For Tuesday.

Regards Rob.

Stokey125

HEDGEHOG wrote: »

Hi Stokey

Their Grounds For Appeal Are, They Failed To Turn Up At The Court Because Of An Admin Error !!! Oh Yes How Manyy Times We Heard That One By The Banks.
The Second Resaon Is They Are Asking The Judge To Wait Until The Oft And Banks Have Made Their Test Case.

And They Say Section 13' 1, A. Which Means Zilch To Me. Cant Find That Anywhere At All.

Just Posted My Next Lot Of Evidence To The Court, But Am Now Ready For Tuesday.

Regards Rob.

The reference to section 13(1)(a) is probably to the CPR rule of that number and does not apply as judgment was not entered under CPR part 12. If they wish to appeal the decision the correct course is to appeal under Part 52 of the CPR. The link to the civil procedure rules is here http://www.justice.gov.uk/whatwedo/civilprocedurerules.htm.

Niether of these two grounds are grounds for overturning a judgment that was properly entered. If they wish to appeal then they will have to show some error in the decision.

katiemay2007

HEDGEHOG wrote: »

HI ALL ON THIS SITE'' JUST AN UPDATE I USED TO POST AS GRIMETHORPE (NOW POSTING AS HEDGEHOG)
BUT MY COMP DIED A FEW WEEKS AGO AND I THOUGHT AS I HAVE JUST GOT BACK ON I WOULD LIKE TO UPDATE YOU ALL.

WELL I WENT TO COURT AND WON MY CASE AGAINST YORKSHIRE BANK AND THEY NEVER SHOWED AT THE COURT SO THE JUDGE FOUND IN MY FAVOUR AND AWARDED ME THE LOT BANK CHARGES INTEREST AND COSTS. THE COURT GAVE THE BANK 14 DAYS TO PAY IN FULL.

ALAS THEY NEVER PAID AND I WENT BACK TO COURT TO EXECUTE A WARRENT OF EXECUTION (THE BALILIFFS) BUT WAS TOLD THAT THE BANK HAD APPEALED THE COURTS JUDGEMENT.

I NOW HAVE TO GO BACK TO COURT ON TUESDAY THE 4TH SEPTEMBER AT LUCH TIME. TO STATE WHY I SHOULD BE GETTING MY MONEY BACK. THE BANK HAVE TO STATE WHY THEY ARE APPLYING FOR A STAYED VERDICT.

THE AMOUNT IN QUESTION IS IN THE REGION OF £7, 500. I AM THOUGH QUITE CONFIDENT THAT THE COURT WILL FIND IN MY FAVOUR AGAIN. ESPECIALLY AS THE BANKS SOLICITORS FAILED TO SHOW FIRST TIME UP AND THIS PEED THE DISTRICT JUDGE OFF' BIG TIME.

I HAVE SENT ANOTHER LETTER SUPPORTING MY CASE TO THE JUDGE IN SESSION ON THE DAY OF MY CASE.

SO AT THE MOMENT I AM WAITING TO SEE WHAT HAPPENS ON TUESDAY BUT WILL LET EVERYONE KNOW THE OUTCOME. WHATEVER HAPPENS TO MY CASE WE MUST ALL CONTINUE WITH OUR INDIVIDUEL FIGHTS AGAINST THE MULTI NATIONAL BANKS WHO ARE ROBBING US BLIND.

GOOD LUCK TO ALL.

KIND REGARDS THE HEDGEHOG.

Hi Hedgehog,

Just been through the same thing with the YB and my court date was Wednesday just gone. I turned upto court with all my information and the bank didn't bother to turn up.

This will probably happen in your case and the judge will put conditions on them taking any further action ie sworn evidence as to why they didn't turn up the first time.

Good luck
Katiemay2007

missyc35

Hi, I put in a claim with YB for bank charges on 21st July. The usual waffle came thru the door....not paying out etc, they then charged me another £25 so I claimed that back too and got that straight away. They are still refusing to pay the original claim of £65 from July. What can I do about that as they all relate to the same overdrawn fee they charged in the first place?

billyboywhit

We have today been given a court date for the 31/10/08 at Grimsby on the small claims side. I note that Yorkshire Bank tried to have it adjourned but the date has been set.
I wonder if someone can give a little bit of help.

1. I understand that I have to supply to the court copies of all letters but will we have to supply copies of all the bank statements as well.

2. Is anyone else in this position and has it gone ahead as I understood that no cases were being heard until the main courts made a decision.

3 Is the court case likely to go ahead anyway. The latter says it will be over in 15 mins and can anyone advise on the court proceedure.

billyboywhit

esmerellda

hi billy

How do you know YB tried to have it adjourned - is the date a hearing regarding their application for a stay or has this already been refused by the court.

Copies of all letters, your list of charges, bank statements, and all information you wish to rely on will be needed, and will have been asked for 14 days prior to the hearing if this is for the full hearing.

If you can give us the text of the full order you received it might make it clearer what you need to do.

If its 15 mins its more likely to be a stay application hearing as opposed to a full hearing but its hard to tell until you give the full text of the order.

Let me know

Esme
xx

billyboywhit

District Judge Robinson has considered the statements of the case and allocation questionnaire filed and allocated the claim to the small claims track.
the court directs that:
1 Each party must deliver to every othewr party and to the court office copies of all the documents on which he intends to rely on at the hearing no later than 14 days beforte the hearing.
2.The original documents must be brought to the hearing.
3. The hearing will take place at 1430on 31 October,2007 at Great Grimsby County Court. and should take no longer than 15 minutes.
4. The parties are encouraged to contact each other with a view to trying to settle the case or narrow issues. However the court must be informed immediately if the case is settled before the hearing date.
5. No person may rely at the hearing onany report from an expert unless express permission has been granted by the court beforehand. etc.
6 the claimant and defendant shall file at court and serve on the other side their statements and witness statements with their copty documents. Witnesses should attend the hearing.

esmerellda

Excellent - sounds like the full hearing to me. Did you have any documentation regarding YB applying to have the claim stayed ?

So you now need to 1) contact YB see if they fancy settling
2) Get together your court bundle - theres some good help with this over on this site and also some peeps very experienced claiming against Yorkshire Bank...
3) You'll also need to do a witness statement to submit with your bundle.

Then you send a copy to court, a copy to the defendants and keep a copy for yourself for the hearing. Get it submitted in plenty of time - 3 weeks before would be best.

Its good news, doesnt seem as though you have been stayed and you have a full hearing to complete your claim. You'll more than likely be settled before 31st October

Hope that helps

Esme
xxx