HELP in court this am Aug 1st

Alycedj

Really out of my depth now. I'm in court at 10am, claiming on my and my husbands joint account (with his knowledge and approval). I've always quoted account name and account number in all correspondance but only I have signed letters and court papers.
I'm claiming 4366.00 + interest from Yorkshire Bank, in their defense papers it says that basically because my husband has neither joint in thae action as a claimant nor been named as a defendant the action is liable to be struck out under CPR 3.4(2).
Really scared - help

Edinburghlass_2

Sorry its a bit too late to help now but I hope it goes okay for you.

Stokey125

Alycedj wrote: »

Really out of my depth now. I'm in court at 10am, claiming on my and my husbands joint account (with his knowledge and approval). I've always quoted account name and account number in all correspondance but only I have signed letters and court papers.
I'm claiming 4366.00 + interest from Yorkshire Bank, in their defense papers it says that basically because my husband has neither joint in thae action as a claimant nor been named as a defendant the action is liable to be struck out under CPR 3.4(2).
Really scared - help

I am not sure if you will see this in time I am not quite sure of what that particular rule says but if they persist in this argument ask the Judge to grant relief from the failure to comply with the rule under CPR3.9 as the error is not one that would disadvantage the defendant. Also if they seek to stay the claim pending the test case object on the basis as they are not freezing the imposition of charges it would be unfair bearing in mind the effect of a delay in the proceedings will have on you compared to the defendant.


Good Luck

Stokey125

How did things go?

k1mmie

??????? Let us know!

cheshire_scooby

I hope it was a positive experience for you?
<<<<<<<keeps his fingers crossed

Alycedj

Been in Court this am, joint account wasn't mentioned. The Judge declined the Banks request for a stay, have to send evidence of charges to court and banks solicitor.
Read that for the joint account, the process is as normal, either partyt can sign letters and court papers, but both account holders names have to be on correspondence - it was. Just keeping fingers crossed.

Badger_Lady

I was lucky then - HSBC settled my case but it was actually an old joint account with my ex... I didn't mention his name at all 8-(

I take it this was a preliminary hearing then, and you've got the actual case still to come? Good luck!

Stokey125

Alycedj wrote: »

Been in Court this am, joint account wasn't mentioned. The Judge declined the Banks request for a stay, have to send evidence of charges to court and banks solicitor.
Read that for the joint account, the process is as normal, either partyt can sign letters and court papers, but both account holders names have to be on correspondence - it was. Just keeping fingers crossed.

Glad to hear this I thought it was rich to take a technical point with a litigant in person. Did the judge say why he was not going to grant a stay by any chance. Also can you remember the name of the judge and the court.

solitairefan1

Alycedj wrote: »

Been in Court this am, joint account wasn't mentioned. The Judge declined the Banks request for a stay, have to send evidence of charges to court and banks solicitor.
Read that for the joint account, the process is as normal, either partyt can sign letters and court papers, but both account holders names have to be on correspondence - it was. Just keeping fingers crossed.

What happened when you went to court, where yorkshire bank there?

Yorkshire bank are calaiming that in all corresponadance i have sent, I have not mentioned the account number or sort code so have been unable to deal with my request.
Looked on all letters (and photocopied!) and I had put the account number but no sort code, but have included the banks address, which I thought was what the sort code was.

I am extremely nervous and worried I will be made an example of.
I Desperately need to hear from people who have been through this for support.

What is a STAY, by the way?:eek:

Stokey125

solitairefan1 wrote: »

What happened when you went to court, where yorkshire bank there?

Yorkshire bank are calaiming that in all corresponadance i have sent, I have not mentioned the account number or sort code so have been unable to deal with my request.
Looked on all letters (and photocopied!) and I had put the account number but no sort code, but have included the banks address, which I thought was what the sort code was.

I am extremely nervous and worried I will be made an example of.
I Desperately need to hear from people who have been through this for support.

What is a STAY, by the way?:eek:

A Stay means to suspend a case. Yorkshire should be careful of taking technical as the court might lose patience with them. There is no need to worry Judges are used to people acting for themselves and most do there best to put you at ease. Good Luck on the 22nd