Kafka v Yorkshire Bank

[Tools]

As you know Kafka Yorkshire Bank are notorious for leaving things up until the last minute , or even claiming they never received any paperwork.

In light of the recent OFT test case , I would err on the side of caution and remain in contact with the court over the next few days . It is highly likely they will/have applied for a stay based on the test case.Telephone the courts daily and ask if anything has been received in relation to your case . Do not preempt by asking anything such as
`Do you know if YB have asked for a stay yet"

Leave it to them to apply

Let me know how you get on !!!!!!

[Kafka]

I have just received Notice that a Defence Has been Filed, but no copy of the defence. I have an AQ that needs returning by 20 August.

There is no mention of a stay anywhere. Perhaps Newport County Court are not applying them to existing claims? Or maybe the judge liked the new POC

The buggers want £100 to file the AQ so I'm presuming that they won't then have the nerve to try to stay the case for years.

Anyway, I will be looking at this over coming days and posting all questions and ideas here. Watch this space.

K.

[iancognito]

Looking good but perhaps leave your AQ as late as poss to see if anything else arrives first?

[Kafka]

Even if there is an attempt to stay this I intend to fight it. Apart from the common grounds, I am in an unusal position to demonstrate hardship at the moment, with a pending summons for Council Tax (who are demanding the whole year upfront), an enforcement outfit after me for electricity arrears, also significant arrears of income tax and NI.

It would be interesting to see if a judge would deny justice for the reclaim when the consequences would likely lead to court proceedings against myself for non-payment. Also an interesting model for lifting a stay through (non-benefits) hardship.

Cross that bridge if we come to it...

K.

[Theo Ccupier]

Well well well, they never cease to surprise me. I will be watching with interest.

[Kafka]

Re: Kafka v Yorkshire Bank

Defence received today, and confirmation that they will be applying for a stay.

I will be studying these over the coming days.

[Tools]

Re: Kafka v Yorkshire Bank

Hi Kafka

Thanks for sending me the scan of your defence , have looked it over and as suspected its a bog standard one . No mention of you know what , told you didn`t I . As for them applying for a stay , you need to submit a letter to the courts as soon as possible highlighting your hardship circumstances , maybe ask them also if it is possible for you to be exempt from court fees . You are also acting as litigant in person separately from the FOS and OFT point out that you feel your case has the right not to be stayed and would cause you further hardship and financial distress resulting in you yourself being summonsed for non payment of council tax etc , include copies of the YB letter informing you they will be applying for a stay , letters from the council tax utilities etc to back up your claims of hardship so the Judge knows your not just trying it on . I have also sent you details of concluded case numbers , including two of my own , to show that YB so far have never intended defending a case at hearing stage and have always settled before . The test case is merely another instance of wasting the courts valuable time . Ask the Judge this `With respect` and do not bring in to question their role within the case , i.e do not tell them they should refuse a stay , but ask them `With respect I would be pleased if The Court would consider not allowing any request made by the Defendant to stay or delay the case for the following reasons........` then clearly and concisely submit your reasons for your `request`.

Let me know when you have drafted something and I will give it the once over before you send .

[Kafka]

Re: Kafka v Yorkshire Bank

Well I submitted the AQ for this, together with a brief covering letter summarising some reasons not to grant a stay, including the fact that the defence was template and inadequate. There have been several instances recently where the judge has refused a stay on the grounds that the defence was a 'mere denial'.

YB faxed their AQ on the last day and kindly posted me a copy.

A They have asked for a month stay to attempt to settle. I declined this in my AQ on the grounds that they have refused all offers to mediate already.

D They say they intend to call witnesses "2 in total", without providing any details. Obviously there's noone prepared to go to court with me on their own, which is a nice compliment. :banana:

E Bizarrely they estimate the hearing will last 2 hours, so I don't know what they think they will talk about. I left it up to the court, and stated that I didn't think they would go to court with a defence like they have.

Still awaiting any response from the court since the AQs went in. There appears to be a blanket stay across Wales, so don't expect any joy. If they do grant a stay then the genii comes out of the bottle and they will be baraged with formal complaints and I am already planning the press coverage for this.

watch this space

K.

[Kafka]

Re: Kafka v Yorkshire Bank

Today I received the letter from the court notifying a stay.

Before Judge xxx sitting at xxx

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

IT IS ORDERED THAT

1. The case us stayed generally

2. The case is transferred to Cardiff Civil Justice Centre.

3. CPR 3.3 (5)&(6)

In a separate and equally inadequate letter

Notice of Transfer of Proceedings

To all parties

As a result of an order made on 29 August 2007, this claim has been transferred to the Cardiff County Court. On receipt the file will be referred to a procedural judge who will give directions for the management of the case.

Can anyone advise please

1 What does 'stayed generally' mean in this context?

2 Why has the case been transferred to Cardiff when it is a simple small claim submitted to a County Court that should be capable of dealing with it?

3 What is the significance of a procedural judge being put on the case?

[Kafka]

Re: Kafka v Yorkshire Bank

In view of current developments with YB attempting strikeouts, here is the full defence detail that I received in 2007.

[Kafka]

Re: Kafka v Yorkshire Bank

This is everything else that came with the defence

[dustymare]

Re: Kafka v Yorkshire Bank

Hi Kafka,
Your paperwork is almost identical to what I have, only difference is 1st page as they said we had not specified the account number. Otherwise spot on.
Sue

[gaz2006]

Re: Kafka v Yorkshire Bank

can see defence but no poc regards Gaz

[Kafka]

Re: Kafka v Yorkshire Bank

I have today received the strikeout application from YB, together with quite a details part C.

I can post this up if needed.

[Amethyst]

Re: Kafka v Yorkshire Bank

Is it same as Claires/Sue's ? If not then yes please.