Yorkshire/Clydesdale Bank

car1268

Can anyone offer any advice please.
Today I received the defence from Clydesdale /Yorkshire Bank.

We are claiming back around £700 and they offered £200 which we refused.
The defence document we got today states as one of the many defences (YEAH, YEAH, YEAH) that as the bank account was in joint names the 'action is liable to be struck out under CPR 3.4(2)' because we failed to enter both our names on the action. Is this correct, will we need to amend or re submit a new claim?
We overlooked this but all our other correspondance to the bank was in joint names and signed, but not the MCOL.

Another question, the claim sheet states The Great Grimsby County Court, if this gets to court can we change it to our local Teesside County Court and if so how?

:mad: :mad: :mad: :mad: :mad: :mad: :mad:


PLEASE HELP SOMEBODY, WE NEED SOME ADVICE!!!!!!!!!!!!!!!!!!!!!!!!!!

Twinkly

car1268 wrote: »

Can anyone offer any advice please.
Today I received the defence from Clydesdale /Yorkshire Bank.

We are claiming back around £700 and they offered £200 which we refused.
The defence document we got today states as one of the many defences (YEAH, YEAH, YEAH) that as the bank account was in joint names the 'action is liable to be struck out under CPR 3.4(2)' because we failed to enter both our names on the action. Is this correct, will we need to amend or re submit a new claim?
We overlooked this but all our other correspondance to the bank was in joint names and signed, but not the MCOL.

Another question, the claim sheet states The Great Grimsby County Court, if this gets to court can we change it to our local Teesside County Court and if so how?

:mad: :mad: :mad: :mad: :mad: :mad: :mad:


PLEASE HELP SOMEBODY, WE NEED SOME ADVICE!!!!!!!!!!!!!!!!!!!!!!!!!!

Hmm. CPR Section 34 (2) states:

34.2
(1) A witness summons is a document issued by the court requiring a witness to –
(a) attend court to give evidence; or
(b) produce documents to the court.

(2) A witness summons must be in the relevant practice form.
(3) There must be a separate witness summons for each witness.
(4) A witness summons may require a witness to produce documents to the court either –
(a) on the date fixed for a hearing; or
(b) on such date as the court may direct.

(5) The only documents that a summons under this rule can require a person to produce before a hearing are documents which that person could be required to produce at the hearing.

I assume that (3) is the problem. Given that the account is joint then under any other normal circumstances you are responsible jointly and seperately for any obligations to the account. That you are filing claim under your name only shouldnt be an issue and its my opinion that they are attempting to abuse this section of the Civil Procedure Rules.

I would ring the court and ask for some advice on whether it makes any difference in court. No doubt there are many claims that have been settled on a joint account with a single claimant. Perhaps someone else who has been in the same position can advise further but I would ring the court at least in the meantime.

Whilst you're on the line you can enquire about using a different court too