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Everything posted by geofflit

  1. This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group
  2. I have just noticed that over twelve months after cancelling a free trail with CreditExpert, they have continued taking payment monthly. They said that the fee had been correctly applied even though I know I cancelled at the end of the trial. They have now cancelled the subscription but are refusing to refund the payments. I have informed my credit card company. What should my next step be in response to CreditExpert? Regards Geoff
  3. I believe you are requesting terms and condition from all banks? I have copy of First Direct Terms and Conditions for Sept 2004. Also copy of correspondence claiming that charges were intended to reflect the cost of managing unauthorised borrowing dated Nov 2007. If these are of any use who should I forward these copies to? regards geofflit
  4. Has anybody used the text message mini statements service from Abbey? I have been getting statements every week for the last few months but when I queried the information shown on these Abbey have denied using a text message service. Abbey contacted me offering this service and no information was given by me over the phone. These text messages contain bank details, transactions and balance and working from the info in these messages I have managed my balance. I have now received a written statement showing that interest charges have taken me £3.00 over my overdraft limit, Abbey have charged me £80.00 Are Abbey trying to deliberately mislead me? Regards Geoff
  5. I am about to start proceedings against abbey for non compliance of Data Access Request,has anybody taken this route and if so what is a reasonable amount to ask for time spent chasing these muppets
  6. I suffered a wall of silence with YB. I decided to estimate my charges and found that if you over estimate they usually let you have the statements quite quickly. They will drag their feet at all times and threaten all kinds of counterclaims it's all bluff. Just persevere you will win and the feeling is fantastic Geofflit
  7. Yorkshire Bank finally settle out of court for full amount £2805 It feels GREAT!!!!!!!!!!!!!!!!!! Geofflit
  8. Why does the bank ask whether I will consent to the application of their counterclaim? Geofflit
  9. I asked the same question and was sent this "The charges imposed are not charges for providing services under the contract; they are charges imposed because I, the customer, had breached the terms of that contract. Under contract law, when either party to a contract breaks a term of the contract, the other party is entitled to recover damages for this breach. The bank are entitled to sue the other party in the courts to recover the damages. As this wouldn't be very sensible for every minor breach of a contract, the law allows parties to a contract to agree in advance what damages would be payable if either party breaks a term of the contract. If the sum payable appears to the courts to be a genuine pre-estimate of the damages that are likely to be incurred, the courts will accept that this sum is liquidated damages and the offending party will be obliged to pay them. However, if the sum specified in the contract is not a genuine pre-estimate of the loss that will be incurred, but is excessive the courts will call this a penalty and will not enforce it. Therefore in the case of financial institutions and their customers, the charges made by them because the customer has breached the contract by (bounced cheque, going over the o/d etc) should not exceed the damages that the bank has suffered. If the sum payable is excessive, it will become a penalty and will be unenforceable by the courts." It's a bit legalese but there'se enough there to pick a sensible answer. Also why not make the point that, if these charges are for services rendered then why doesn't the bank provide a breakdown of them when asked?
  10. checked through statements guess what they are still short in their figures by £160 clinging on to every last penny it seems
  11. I issued my claim at my local court on 02/06/06 However I issued an estimated claim as YB would not supply any info. They have stated in their defence that the amount charged was half the amount but only gave a very basic breakdown ie no dates or individual amounts. When they made the offer along with the counterclaim they have now supplied a full set of statements. Do I stick to my original figure or the figure that YB are stating? Geoff
  12. I received today the exact same counter claim from YB It also quotes "The progress of your claim and the Bank's Counterclaim through the Court will incur both significant time and costs for yourself and the Bank." They are that confident that their intimidation will scare me off that they also offered me £775 out of the £3823 I claimed. As has been said this sounds like desperation. They are trying to tempt me before the court allocates a hearing date. It is strange when I think that I cannot wait to get to court!!! geofflit
  13. Just to reassure everyone Yorkshire Bank where probably one of the first banks to actually suffer defeat I refer to the case of Laura Saunders v. Yorkshire Bank (2005) Guardian Unlimited | The Guardian | Can Bob fix it? For Laura, he can I have just submitted my Allocation Questionnaire and will be awaiting their demise Just don't give up hope Geoff
  14. I today recieved Yorkshire bank 's defence to my claim. It is the usual charges clear blah blah blah!! However one paragraph caught my eye. "It denies that the T&C requiring me to pay the Charges were unfair terms within the meaning of the Unfair Terms in Consumer Contract regulations 1999, S.I. 1999 No 2083 and then states the T&C were fair having regard to the following matters: (a) the cost to the bank of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible." The first part of the paragraph sounds like the normal we are right stuff but the last part is what interested me. The banks have always stated that these charges are not penalty charges but to me those words " the purpose of keeping the level of overdrawing under review and controlled as far as possible." sounds like a penalty/punishment/fine to me. After all what do they do to keep parking "under review and controlled" they issue parking fines. what do you think am I on the right track? Geoff
  15. Issued claim on 1st June awaiting response from both bank and court Geoff
  16. I requested data held by Yorkshire Bank did not mention statements and included £10 cheque. They replied saying statements not covered by DP request wanted £5 per copy and returned my cheque. I then asked for charges to be refunded by personal cheque within 14 days or full copy of all charges with the intent to initiate court action.Reply gave expected "customer aware of banks charging policy" excuse but no charges information. Yorkshire Bank has done me a favour will now get extra 8% from court action that I will now begin!! Wish me luck!!! Geoff
  17. I made a payment from my internet run bank account into my wife's internet account, the money was removed from my account on 20/02/06 and appeared on 22/02/2006 the letter telling my wife she was to be charged for exceeding her overdraft was written....GUESS..... yes 21/02/06 The same day she also received a letter saying a debit card transaction had insufficient funds even though a bank statement shows her to be under her limit!!!! Both letters also bearing £35.00 charges. These antics prove the circus is run by clowns doing alot of juggling!!! ROLL UP ROLL UP see the Abbey Brothers Circus in court Geoff
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