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HELP recieved a letter from the bank

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  • HELP recieved a letter from the bank

    they are trying to get the case thrown out of court

    i got to the court stage and then the HOLD came into place i have had a letter from the bank requesting the case be heard without a court appearance

    i am stuck now as to what you do basically i am now on a 4 day week at work and have been demoted from my supervisor position at work and was wondering if the hardship rule now came into place as the total amount of my claim came to over £6500.

    so i am now stuck as to what to do, whether to contact the court or the ombudsman

    any help you guys could give would be greatfully recieved

    cheers
    matt

    sorry the bank is Clydesdale bank (yorkshire bank)

    the letter they sent said this

    please find enclosed the banks N244 application notice which was sent to mansfield county court on 12th of feb2010

    we also enclose a summary of the high court descision in the office of fair trading (respondent) v abbey national plc and others

    from what is can work out the banks asking to have the claim thrown out i'm not upon the mumbo jumbo so any help would be cool

    cheers
    matt

    just had another letter from the court giving me a date for my case which is 19th april 2010 i'm pooing my pants with all this so any help you guys can give will be greatly appreciated
    matt




  • #2
    Re: HELP recieved a letter from the bank

    Have a read of SueWilo's thread in this forum you have until around 5th April to prepare documents for the hearing - I'd suggest a witness statement defending the strike out application and a new particulars of claim.

    Start working on your personal arguments and write as much as you can here as soon as you can - about the period the charges were being taken - you want to look at specific instances of unfairness. If there is something where the bank have acted unfairly and outside the normal shoddy behaviour then you may be able to take it to the ombudsman (hence starting now) but if theres nothing major then carrying on in court will be the only option.

    As you have only just entered hardship (ie the reduction in hours and pay etc) you could only use this with the FOS for current treatement by the bank - you need to have informed the bank of your change in circs if it is causing you financial problems and they need to have, basically, taken advatage of the situation by hammering you with charges rather than helping - which hopefully they wouldnt do now due to the lending code section 9 (if you look in hardship forum there should be some help there)

    If you are struggling now you need to get DD's cancelled and re orgainise your monthly budget, check ur receiving any benefits u may be entitled to etc, as I'm sure you are already doing.

    Anyhoo, for the charges claim - have a read of suewilo v yorkshire bank thread so you have an idea of whats to be done, then ask any questions here, and give as much info as you can about why you feel the charges are unfair in YOUR case specifically, and we'll help you through the rest.
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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