Help with order from court needs to be done in 7 days - Yorkshire Bank

[gaz2006]

I have claims against yorkshire re bank charges that have been stayed for a couple of years now i get form court
upon reading ex parte application court makes order ordered that
1 There be summary judgement against the claimant pursuant to CPR24.2 on the ground that the Claimant has no real prospect of succeeding on the claim
2 Because the order has been made without considering representations from the parties , the parties have the right to apply to have the order set aside varied or stayed . A party wishing to make an application must send or deliver the application to the court together with the appropriate fee to arrive within 7 days service of this order .

SO i need help to amend the poc and what do I put and what will cost be of new fee im pretty skint the Yorkshire charged me around 5k on 3 accounts they are seperate claims though each claims help please
regards Gaz

[Amethyst]

Re: Help with order form court needs to be done in 7 days

Hi Gaz, Just so you know we're on it Get back to you later.

Ame
xx

[Tools]

Re: Help with order form court needs to be done in 7 days

Hi Gaz, have you received anything from YB regarding this?

Also, could you let me know which court it is in, by PM if you prefer.

Initial thoughts are that we should ask for this to be set aside or stayed to allow you 28 days (minimum) to enter a revised POC.

Could you start getting together your original claim paperwork POC, any letters to/from YB, any T&C's you may have, your schedule of charges etc etc. Anything you can scan in and email to us at admin@legalbeagles.info

[Amethyst]

Does the order cover all three claims ?

Also keep an eye on this Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application - Legal Beagles The documents posted on there will be the same as the one Kirstie Ross entered for your claim.

I'll move your thread in to the Next Steps forum....

First thought - apply for a STAY of 28 days before applying for any set aside, as you had no notice of the application for summary judgement and have not received the 'CASE SUMMARY' Yorkshire bank alledge to have sent you. Then once you have those and we have had a bit more time to sort the POCs for YB and get all your info together you can decide if you want to carry on with the claims, taking into account the risks involved.

Lets go through the bits we've posted in last couple posts first before doing anything tho.

[gaz2006]

Re: Help with order form court needs to be done in 7 days

Hi Gaz, have you received anything from YB regarding this?

Also, could you let me know which court it is in, by PM if you prefer.

Initial thoughts are that we should ask for this to be set aside or stayed to allow you 28 days (minimum) to enter a revised POC.

Could you start getting together your original claim paperwork POC, any letters to/from YB, any T&C's you may have, your schedule of charges etc etc. Anything you can scan in and email to us at admin@legalbeagles.info

do i pay £75 for applciation to set aside or stay and another £75 each case for new poc or just ask for 28 day stay ? expensive tthese banks Ive also pmd you with other info Regards Gaz
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Does the order cover all three claims ?

Also keep an eye on this Suewilo v Yorkshire Bank - hearing 23rd Feb - strike application - Legal Beagles The documents posted on there will be the same as the one Kirstie Ross entered for your claim.

I'll move your thread in to the Next Steps forum....

First thought - apply for a STAY of 28 days before applying for any set aside, as you had no notice of the application for summary judgement and have not received the 'CASE SUMMARY' Yorkshire bank alledge to have sent you. Then once you have those and we have had a bit more time to sort the POCs for YB and get all your info together you can decide if you want to carry on with the claims, taking into account the risks involved.

Lets go through the bits we've posted in last couple posts first before doing anything tho.

Hi thanks for your help I have pmd tools do you liase with each other lol ? I got 3 orders for the 3 cases do I just put letter as above without any fee at this stage asking for 28 days as have not had copy of summary judgement etc ? Regards Gaz

[Amethyst]

Re: Help with order form court needs to be done in 7 days

lol yes we liase regularly get back to you shortly.

[Amethyst]

Re: Help with order form court needs to be done in 7 days

The Business Claim we;ll look at seperately, as things stand I would just let that be struck out but I am not party to discussions on CAG regarding business claims so you may well want to ask MArtin3030 for any specific advice on there.

The Summary Judgment notice - that one for each claim. We need to deal with seperately so yes it will be 2 lots of fees (for the two personal claims)- unless you are eligible for remission.
(and its okay to post on the thread, just pm anything personal)

[Tools]

Re: Help with order form court needs to be done in 7 days

Hi Gaz posting the info you sent me on here, do not worry it is not visible by the banks

Pte account £8xx charges I claimed charges are disproportionate penalty in MAY penalty charges irrecoverable at common law quoted Dunlop and Murray v leisure Case . I asked bank to refund charges or offer proof they are true pre estimate they failed oto do so . I claimed interest of £3xx.xx or contractual rate of 16% ie £7xx.xx making total of £15xx plus court fee of £120

2nd claim was different private account as above £2xxx plus interest £5xxx or at 16%

Third claim was a business account again (though is mistake I know now ) I put disproportionate penalty £12 charges interest

I have had brief note from Yorkshire re summary of Supreme case however no notice that they were applying for summary judgement etc .

If I apply for stay for 28 days do I do seperate stay applications ? An application costs £75 each I did have thoughts of consolidating claims otherwise it will cost £75 x 3 for application but that may mean claim is over £5000 in total which means it may not be small claims track what do you suggest ?

I dont think I have any t and c for business or current account but willl check and see if witness statement says same thing as mentioned on here re untrue statements etc

I have a number of claims going on finished etc for instance I had £4200 charged on a private account by Nat west in 3 months yes 3 months which is another story .....

Anyway Il try and concentrate on the Yorkshire at present I want to fight to get all or most of it back if possible another issue I do also have all my statements etc and know some I didnt claim on one of accounts as it would have put it over £5000 so I have more to cliam think it was around another £2000 o rmore do we keep this back or go for broke in one claim or a series ?

I await your good advice I enjoy a good fight but hope percentage is in favour of winning . Can we sue whistleblower info re Yorkshire ?

Any questions come back to me Regards Gaz
ps jsut to complicate matters soem of claim is frm 1996 ie Limitation act s32 etc I did do one of those agaisnt Nat West for a friend as litigation friend and tehy settled before court ...

apologies re typos etc i meant use not sue whistelblower I can spell cant type

Regarding the business claim first, you should now pull out of this claim IMO.

Will have a better read and a think later for you with Ame, anyone elses input would also be appreciated.

[gaz2006]

Re: Help with order form court needs to be done in 7 days

Hi Gaz posting the info you sent me on here, do not worry it is not visible by the banks



Regarding the business claim first, you should now pull out of this claim IMO.

Is the application for summary judgment on a personal account claim or the business account claim?

I assume from this all 3 claims are seperate, it would be advisable to keep it this way for now.

Will have a better read and a think later for you with Ame, anyone elses input would also be appreciated.

dont u think personal details eg amounts shoudl be deleted if anyone from yorkshire sees they will match up ?
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sorry if havent explained properly 3 claims 3 summary judgement orders 2 personalk and one business ( which you tell me to pull out of ) suppose as its small and less chance to succeed is the reason ?
Regards Gaz
------------------------------- merged -------------------------------

Hi Gaz posting the info you sent me on here, do not worry it is not visible by the banks

Regarding the business claim first, you should now pull out of this claim IMO.

Will have a better read and a think later for you with Ame, anyone elses input would also be appreciated.

ps you say is not visible to banks here is that because its in special section ? I see it so cant anyone else ?

[Amethyst]

Re: Help with order from court needs to be done in 7 days - Yorkshire Bank

amended

[Amethyst]

Re: Help with order from court needs to be done in 7 days - Yorkshire Bank

Hi Gaz

What do you want to do with this, if you want to do the application to stay or set aside the summary judgement let us know asap. Its fine if you are being helped elsewhere but please let us know so we can concentrate our efforts where needed most.

I think it will be difficult to set aside the summary Judgment as the original particulars of claim were solely based on penalty arguments. So there is nothing to argue against basically, the Judges decision was correct, although had yb contacted you when they applied for dismissal (whcih no doubt they told the court they had done) you could have entered a revised Particulars of Claim bringing in UTCCR and CCa at that stage - we can argue to do that now, and also argue that although the charges may not be classed as capable of being penal the legal situation with regards bank contracts and pricing is still unclear legally, as indicated in the SC Judgment (phillips comments about 5(1) overall imbalance etc)


Cheers

Ame
xx

[Amethyst]

Re: Help with order from court needs to be done in 7 days - Yorkshire Bank

For info - Gaz has decided to send this letter appealing for more time to apply to set aside the summary judgment - Help with letter from court I need to amend in 7 days or summary judgmeent against me

[davidl]

Re: Help with order from court needs to be done in 7 days - Yorkshire Bank

Amy do you know what will happen if the bank dont turn up to these cases are the customers going to start to win by default and start getting charges back?

[Amethyst]

Re: Help with order from court needs to be done in 7 days - Yorkshire Bank

tbh David I don't think there is much hope that the banks won't be turning up or the claimants will be winning in default at all. The banks will throw everything they have at the first cases going into court to set precedents/persusive judgments and put other people off claiming. The days of hoping the bank will pay up if you enter a court claim are well and truely gone. Anyone who takes this into court is going to have to attend and argue their case against, in all likelyhood a QC (at least at the beginning) and will have a costs risk if they lose.

[Amethyst]

Re: Help with order from court needs to be done in 7 days - Yorkshire Bank

update from gaz, he's entering an application following the letter to ask for more time to amend his POCs. Don't know the content of the application.

will update as and when.