Well, I`m completely new to all this and was very supprised when I found out how much I had been ripped off by Yorkshire bank. Been a customer of theres near 10 years and I 'know' Ive been overdrawn a helluva lot with them, and overcharged from reading in here tremendously...

So ... Here goes...

• Subject Access request Written thanks to your excellent templates. Will be printing this off at work tomorrow (run out of damned ink again) and getting it sent off
  
• Recieved and Sent request for refund of £4334.00

Glad you have decided to join us. Let us know how you get on.

Wow have I really left it this long??? Had a lot to sort out at work so not even thought about this again until the other day, however this is MY MONEY so lets get it back

Subject access request sent:- 14/11/06

Hi Sonic,

I am at "waiting for court date" stage so if you need any help don`t hesitate to ask.

Jules

Thankyou, Im sure your advice will come in handy and I hope all goes well with the claim you are making yourself..

Anyways, letter recieved 16/11/06

Dear Mr ********

 

DATA PROTECTION ACT 1998

 

We refer to you recent letter requesting information held by the Bank under the terms of the Data Protection Act and note that you have paid the £10 fee.

 

We confirm that we shall be able to provide you with copies of you bank statements from November 2000 to date under the right of access under the Data Protection Act 1998.

 

Within the terms of the Act we have 40 days in which to provide you with the information we hold.

 

With regard to your request for information relating to the manual intervention on your account, there is no specific mention of manual intervention within the Data Protection Act and as such we are under no statutory obligation to record of provide this information.

 

We will forward the information to you as soon as possible, should you require any further assistance please contact your brach.

 

Your sincerely,

 

D Neal Stewart

Network Support

 

Must admit I was a little confused over the manual intervention part of this letter. As my understanding, sure they have no obligation to record this, however since if they have then it is information kept on myself, then this is clearly covered under the Data Protection Act.

Perhaps you could write to the ICO informing them of YB's interpretation. It wouldn't be the first time that YB had to climb down over a DP issue, but don't let it delay starting your claim.

I may well just do that ... especially after reading more on here about yb ..

On top of this, have a 200 overdraft, baring in mind I no longer use this bank for my wages (havent for a while) and they've not yet asked for it back ... had a letter this morning saying my account has been "routinely" reviews (something like that) ....... ie, they takin it off me LOL ....

So .. question .. do I just leave it and put my account in query, or can I not do this until I recieve and sort through my statements?

I recieved the same letter and phoned my YB branch to say my account was in dispute and they can't make any changes to it which they sulkly agreed to. However I'm at the "waiting for court date" stage so with you being at the S.A.R - (Subject Access Request) stage I'm not sure if you can use the same method.

But if you want to keep the overdraft facility I think you might be able to argue the case that your account was in dispute from the moment you sent the SAR because it contains the sentance:

(from template)

Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them,

I'd double check this with Caro but it might be worth a go.

manual intervention has nothing to do with the data protection act. What's important is whether or not a record manual interventions, and whether that record relates to your account. If they do, then it most certainly is covered by the data protection act, and they must supply details

manual intervention has nothing to do with the data protection act. What's important is whether or not a record manual interventions, and whether that record relates to your account. If they do, then it most certainly is covered by the data protection act, and they must supply details

If it relates to yourself at all then its clearly covered by the data protection act ..... they really are quite comical if not anything else lol

Ok .. I have my statements ... recieved 27/11/06 .. time to have a good go through them

OK a little confused peeps and hoping someone can help .....

calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .

I enclose a schedule of the charges which I am claiming with this letter

Not sure what the 2 amounts are ... I've literally just put every amount I've every been charged on the spreadsheet supplied ... unsure on how I braek it down into the above ... can someone please explain ...

Mind u .. it is 00:20 .. might make more sense in the morning LOL

The first amount is the actual charges.

The second is the proportion of the overdraft interest that relates to charges.

You can't claim all of the overdraft interest unless at all times your overdraft was made up of charges, which may not have been the case in the early days of being charged. I hope that makes sense in the light of day.

OK got ya ....... ... did make a lot more sense once my brain was awake lol. Thanks for that.

SO .. here we are .... Claiming back the full amount of £4334.00

So so recieved another letter yesterday... Basically stating that it was my terms and conditions along with the usual bol... er ... rubbish LOL... Will attach a copy for ya's later tonight .... will wait for the 14 days and go on to the next stage me thinks

ok in need of help .. not entirely sure what this means. I havent posted very often as I simply struggle to find the time to do so nowadays, however I have found all the information on here to be extremely usefull and have gotten to the "Notice of allocation to the small claims track" stage. The below letter has been recieved. Please can someone advise me if I have to do anything. I dont think I do, but I'm so close now and I dont wanna mess it up. Thnk u for all your help.

The judge ********* has considered the statements of case and allocation questionaires filed and allocated the claim to THE SMALL CLAIMS TRACK.

THE COURT MUST BE INFORMED IMMEDIATLY IF THE CASE IS SETTLED BY AGREEMENT BEFORE THE HEARING DATE.

Following making an order of courts own initiative.

This order is made by the court of its own initiative. Any party affected by this order may apply persuant to CPR 3.3(5) to have it set aside varied or stayed. Any such application should be made by application notice in accordance with CPR23 and must not be made not more than 7 days after the day on which this order is served.

By 16th May 2007 the defendant must file and serve a comprehensive witness statement from a responsible employee with statement of truth explaining the banks charging regime and exibiting all relevant documents justifying it; and, if they are discresionary, the decision to apply the charges the subject of this claim to the claimant.

In default of compliance by the defendant the defence is struck out on 17th May 2007 and the claimant may apply for judgement.

 

Date 26th April 07

Im persuming that although I preposed that I would send evidence/similar cases/statements etc ect, that the court has decided otherwise and decided that it is for the bank simply to prove it's charging. Am I correct or do I need to be doing something?

Will be watching this thread with great interest now. Awesome news.

Sarah.

Wow! That Order deserves a gold frame!

I suspect a speedy settlement will be on its way.

I'll be watching with interest too!

Good Luck

Number PM'd caro ... so guessin I do nothin then?

PS:- Oldham County Courts

Got the number thanks. From what I can see you don't need to do anything and I think you will get a speedy settlement as Bigmac says. They will be very keen to avoid responding, so hold out for every last penny of interest and court costs.

Cheers for the response caro ...

Crikey !! I have just read your court order Sonic, my gast is flabberd. It would be fantastic if all claimants could all have one like it.Perhaps the courts are finally seeing what the banks are up to.

Some maybe Moss but certainly not all regretably.

OK I have no settlement as of yet .. but would just like to ask. In the event that I do not recieve anything by 17th, what exactly is it that I do from there? I understand they will be struck out, but other than that Im a little lost.