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Dusty v Yorkshire Bank - summary judgment & costs against claimant

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  • #31
    Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

    The POc is the text you entered outlining your claim in the 1000 characters box on moneyclaimonline.

    MSE's generic template is ............

    1. Between [insert date of first charge eg 15/3/04] and [insert date of last charge eg 9/2/06]the Defendant debited numerous charges from the Claimant’s [this means you because you are the person claiming the money] account.
    2. The charges are unfair under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
    3. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.
    4 The Claimant asks the court to enter judgment in their favour for [insert total charges]plus interest, totaling [insert total charges plus interest].

    but this is a later version (after the penalties argument was outed by Justice Smith) so if you can check you paperwork - we basically need to know if you just had penalties or if you had penalties and UTCCR in the claim.


    What year did you open your account (if you remember or just a guess will do) I'll see if we can find T&C's from then.

    Will update the WS. Thank u xx

    Tools read your email out to me last night, thankyou. Will let Claire know too that she's expected to be away till the 20th Jan.
    #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

    Comment


    • #32
      Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

      Well, as I expected, no reply as yet from Kirstie. Maybe too busy on 1st day back?
      We opened the account in 1986 or 1987 I think.
      In spite of me saying I keep all paperwork I can't find a copy of what I entered when I entered the claim online. I am unsure of what UTCCR stands for but have added copies of all that I have from when claim entered. Doesn't look like it will be much use to you though. Could I phone anyone at money claim online and ask them for a copy? If they still have it that is.
      I do note though that Kirstie Ross was the defendants solicitor then also.
      By the way, could you tell me how to retrieve a saved draft please. I can't seem to work it out but guess it will be something simple I just can't see yet.
      Thanks yet again
      Sue

      Comment


      • #33
        Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

        Where did you get the POC that you used to file the claim?

        UTCCR = Unfait Terms in Consumer Contrct Regulations.

        Comment


        • #34
          Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

          As you did it at northampton bulk centre, you might be able to retreive it from Moneyclaim Online, worth a go.

          Retreive saved draft - instead of using the quick reply box at the bottom of the thread, click
          #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

          Comment


          • #35
            Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

            Hi, I emailed moneyclaim online this p.m. and just picked up a reply, good response I think.
            Good afternoon,

            Thank you for your e-mail. The particulars of your claim are as follows;

            1. BETWEEN 16/05/01 AND 05/02/07 THEDEFENDANT DEBITED NUMEROUS CHARGES FROM THECLAIMANT'S ACCOUNT.2. THE CHARGES ARE AN UNFAIR PENALTY UNDERTHE UNFAIR TERMS IN CONSUMER CONTRACTSREGULATIONS 1999, BECAUSE THEY ARE ADISPROPORTIONATELY HIGH SUM IN COMPENSATIONCOMPARED TO THE COST OF THE PURPORTEDBREACH.3. UNDER THE LAW OF PENALTIES, THE CHARGESARE AN UNLAWFUL 'EXTRAVAGANT' PENALTY.4. UNDER THE COUNTY COURTS ACT, THE CLAIMANTIS ENTITLED TO INTEREST OF 8% PER ANNUM FROMTHE DATE THEY WERE DEPRIVED OF THE MONEY.THIS TOTALS £367.70, ACCRUING AT THE DAILYRATE OF 0.021% UNTIL JUDGMENT OR PAYMENT.5. THE CLAIMANT ASKS THE COURT TO ENTERJUDGMENT IN THEIR FAVOUR FOR £1.471 PLUSINTEREST, TOTALING £1.838.70.
            If you have any further enquiries, please check our online Frequently Asked Question (FAQ) section
            http://www.hmcourts-service.gov.uk/cms/1051.htmor visit the claimant user guide http://www.hmcourts-service.gov.uk/o...mcol/index.htm
            Regards,
            Lee Gavin
            Administration Officer
            Money Claim Online
            Northampton CCBC
            0845 601 5935

            Hope this helps with your previous question?
            Still not heard from Kirsty Ross though, will try and email again tomorrow.
            I have just gone through my pile of statements, unfortunately I think that I might have to made an error with some unauthorised overdraft fees and added them twice. I can ammend this when I do the spreadsheet, hope this will be ok???
            What I did notice when identifying particularly small amounts of exceeding overdraft was that though originally we had an overdraft of £1.500 it dropped to £1,100 in March 2004 then to £300 in April 2004!
            I don't recall why or if we were notified, certainly have nothing in writing.
            Yours Sue


            Comment


            • #36
              Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

              Hello Amethyst, Tools or anybody!
              Have had a reply in the post today from the email I sent requesting a copy of the case summary from Kirstie Ross.
              Hope the enclosed is of some help to you because it just sounds like a lot of legal jargon to me.
              Could you please advise me what to do next because I feel that I am getting more out of my depth here? Feeling very nervous as there is no way I could even start to defend myself against this.
              Thanks for reading
              Sue

              Comment


              • #37
                Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                Suewilo

                This is standard stuff and nothing to be alarmed about.

                Claire H has her strikeout hearing tomorrow in Rotherham - I think this is the first strikeout application to be heard for Yorkshire Bank. Lets see what happens there first :rockon:

                Comment


                • #38
                  Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                  Thanks Kafka,
                  Really appreciate reply from you. Will be thinking about Claire H tomorrow, hope all goes well. Has she got anyone with her, or to represent her or is that not to be discussed on here?
                  Sue

                  Comment


                  • #39
                    Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                    This is only the hearing for the application to strikeout the claim, so only a very brief affair. I don't know if she will have anyone with her but there is noone from the forums able to attend with her. She has been well briefed and seems to be well prepared. Lets just hope she has a reasonable judge on the day.

                    Comment


                    • #40
                      Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                      Many thanks for scanning that in Sue it is very helpful.

                      That is basically a "case summary" of the Test Case and "the story so far".

                      It does not address the new arguments that we propose putting forward in the amended POC's.

                      A link to this thread has been forwarded to Claire H so that she can see what YB didnt send her or the court, so she can be better prepared for tomorrows hearing.

                      It is nothing to worry about at this stage and as I mentioned is quite useful to us.

                      Kafka, I think you may be under estimating YB when you say it is

                      This is only the hearing for the application to strikeout the claim, so only a very brief affair.
                      In my experience of YBs tactics, they will fully utilise tomorrows hearing and attempt to have the case struck out there and then on the day, however, as you say, we will know more tomorrow.
                      Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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                      Comment


                      • #41
                        Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                        My guess is that the judge has already decided on the decision based upon the prevailing situation regarding these stayed claims and the paperwork submitted for the hearing. I'm not aware that the courts have yet received any guidance on how to deal with the stayed claims and I'm actually surprised that they are hearing these applications in advance of clarification.

                        That said, I think it will be very interesting to see how the various courts deal with the very different claimants and arguments that will be before them in the coming weeks. My feeling is that given the gravity and scale of the situation, any DJ is unlikely to strike out a claim based upon the banks' bland arguments, unless the claimant does not make a credible case. We'll just have to see.

                        Comment


                        • #42
                          Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                          Originally posted by suewilo View Post
                          Hello Amethyst, Tools or anybody!
                          Have had a reply in the post today from the email I sent requesting a copy of the case summary from Kirstie Ross.
                          Hope the enclosed is of some help to you because it just sounds like a lot of legal jargon to me.
                          Could you please advise me what to do next because I feel that I am getting more out of my depth here? Feeling very nervous as there is no way I could even start to defend myself against this.
                          Thanks for reading
                          Sue
                          Hey sue, great to finally have that once we know how this afternoon goes we'll really get working on your bits and bobs and this will be useful, along with the application info Yb submitted to the court, to get a good response and argument against the strike and to allow the new POCs.

                          So for now don't worry xxx

                          Ame
                          xx
                          #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

                          Comment


                          • #43
                            Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                            Claires got 6 weeks to enter amended POC's She'll let us know more later xx

                            Sounds like the courts are bulking the hearings together, apparently the people who didnt attend got struck and the two that did got 6 weeks.
                            #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

                            Comment


                            • #44
                              Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                              here we go - Help required - I'm behind on developements
                              #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

                              Comment


                              • #45
                                Re: Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application

                                Thanks All, and very well done to Claire H (couldn't post on above site as not a member so hope someone can pass on to her please?) Sounds like she did great and gives some hope to us that follow with YB. Hope I know what I'm talking about when I get there!! but hopefully with your support I'll give it my best.
                                Take care and thanks again.
                                Sue x

                                Comment

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