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Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
On the basis of the Whistleblower dislcsoures you may want to consider claiming beyond 6 years if your account has been open that long and you have received charges during the pre-6 year period.
This is because it seems clear from the BBC programme that the YB operate a highly structured system intended to audit the cost of handling a delinquent account and probably also in order to refine the process with a view to profit.
This would mean that the Yorkshire Bank is fully aware of the facts and very likely have been for some time.
We believe that the protection which they enjoy from the Limitation Act falls away in these circumstances.
Furthermore we believe that on the basis of the BBC disclosures any existing Full and final settlement agreement is vitiated.
At the end of the day it is a matter for the court to decide or a matter for the YB to offer their simple explanation for what otherwise seems to be a very puzzling set of circumstances.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
Bankfodder, how do I tackle this when my claim has already been submited to the court? I do have further costs on one account going back another 6 years. Do I have to put in another claim? Also very interested in your comment on any Full and final settlement agreement being vitiated. Should I be writing to the Yorkshire Bank following the BBCs revelations and if so, what do I say? I would really appreciate any advise you can give me.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
You can claim over 6yrs from RBS by using s.32(1)(c) of the limitation act in that you paid the charge in the mistaken belief that it was lawfully due.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
I'm trying to get more than 6 years statements from them, so far They have sent 6 years, so I sent them a letter as follows:
Dear sirs,
Thank you for your statements regarding my request under the data protection act.
It appears however that you have only supplied information from ............
You are reminded that under the Data Protection act 1998 that you are obliged to supply ALL requested data.
If it is the case that you no longer hold data pre 6 years can you please confirm this to me in writing.I will give you a further 14 days to reply to this request.
Failure to do so will result in a complaint to the ICO and the fos.
I trust this clarifies the position.
Yours Faithfully
I sent this recorded on tuesday so will have to wait and see what happens
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
Had they reached the 40 day limit by the time they responded to your 6 yrs statements?
If so then complain to the IC immediately. You should not hesitate to do this. The bank has a statutory duty and they have to be reminded of it by firm action.
You should also begin your claim immediately for the charges of which you are aware. You can go on to add the others once they finally comply with their statutory obligations. Whilst you are waiting for them to give you the rest of your statements you should include in your county court claim, a claim in respect of their breach of their DPA obligations.
Don't forget that this is a bank which has made a practice of being hard-nosed with their innocent and vulnerable trusting customers. Now we have seen the BBC Whistleblower CYNthesys disclosures. The disclosures have been presented to MPs and journalists and have been described in the press and the banks has offered no comment.
This is the bank which has attempted to refuse to pay statutory interest to some its customers on the grounds that the customers have misused their accounts when in fact there is evidence to suggest a very different story.
This is the bank which when it finds itself under pressure to comply with its lawful obligations, instead of taking steps to deal with its business properly, come bleating to its customers asking for more time.
How the mighty fall - and there may be a long way to go yet.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
@BankFodder
I received the statements after the 40 days for 2 accounts, but as yet have not received any for another account, the 40 days were up on the 31st march.
Should I now send a letter to complain to the IC if so is there a template letter I should use.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
I don't think we have an IC template but check with a mod.
I'm afraid that I have lost track of what we have and what we don't a long time ago.
It's not hard though.
Just say that on XXdateXX you made a request for disclosure (copy enclosed) under the DPA. Despite your reminders they have only made partial disclosure and have failed to respond to your further requests.
Please will he treat your letter as a formal complaint under the DPA.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
@sajabu2003 I will update my thread, This thread is a sticky Yorkshire Bank and the Limitation Act - claiming beyond 6 yrs
I wasn't going to use this thread about my claim, all I was asking was should I post what happens about getting the rest of my statements here. As I'm sure others would like to claim more than 6 years and it would be easier for people to find the information needed quicker than having to read evey thread in this forum
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
I appreciate the point you are making davsib, but I'll just stick a link to your thread here and that way, your claim info is all together, and people reading this thread can easily read your progress and look at the limitations issue. I hope you agree that should work.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
I am not sure if I am posting in the correct place or if I should start a new thread.
I am currently claiming my last 6 years charges from Yorkshire Bank and after recent information I decided to start claiming back over 6 years so
I sent another S.A.R request and £10 to yorkshire bank requesting statements from 1992 -2001.
Today I have recieved a response saying that the DSA regulations are only in force for the last 6 years and copy statements pre 6 years are at a cost of £5 each. They say to send me the other 113 statements they need a cheque off me for £555
Re: Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
It is absolutely incorrect. This link takes you to Section 7 of the Data Protection Act, so if you take a look you'll see that for yourself. There are no mentions of any time limits at all.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
Should you be offered help that requires payment please report it to site team.
Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007
Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06
Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007
Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
Yorkshire bank and the Limitation Act - claiming beyond 6 yrs
if your account has been open that long and you have received charges during the pre-6 year period.
settlement agreement is vitiated.
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