yorkshire bank visa card

[Dorabell]

hi all can some one advise me what i can do next:confused: thanks

[gh2008]

Right they are of the right era 1995-2000.

 

Does the form you signed refer to the "Yorkshire Bank Visa Card Conditions of Use" explicitly?

 

My thoughts at the moment are that these are 2 separate documents.

 

Are the conditions of use in a booklet or printed on A4, or do they just look as though they have been printed out?

 

more questions and no answers yet - sorry

 

gh

[Dorabell]

no its not a booklet its 4 seprates pieces of paper stappled together it looks like it has been copied

[Dorabell]

its says in the bottom of the form yorkshire bank visa card condition of use is set out overleaf does that mean anything:???:

[gh2008]

Ok, so, as I can't read the agreement, would you say those conditions of use were a term you signed for.

 

Something like 'you agree to operate the account according to the conditions of use overleaf'

 

This is probably the most important bit now.

 

Would you also say that the conditions of use they have sent you could have fitted on the reverse of the form?

[gh2008]

Can you scan the declarations bit bigger & post it?

[Dorabell]

sorry gh i have been trying to scan it bigger no luck, i was trying to copy it by writing it down, its so small and badley copied

[gh2008]

Right, what I'm trying to get at is whether in those declarations you agreed, by signing below, to be bound by or to have read the conditions of use on the back.

[Dorabell]

please issue a yorkshire bank visa card to me i have read and understand the paragraph headed cancellation right i confirm that either no oral statement of any type mentioned has made in my presence or i am signing the application on yorkshire bank premises this information canot be given.a cancealable yorkshie bank visa card agreement form should be obtained i confirm that information given is true and completed and i authorise you to make any enquries you may deam nesscary in connection with this application i accept and agree to be bound by the yorkshire bank conditions of use as set out overleaf and in accordance with the conditions 10 with which i confirm i have had an adequate opportunity of becomming aquainted befor signing this application, if my application is accepted i authorise you to issue an additional yorkshire bank visa card in any persons name or authorised user of my yorkshire bank visa account i hope this makes sense to you:) lol if you could see me i have a magnifing glass on the page

[gh2008]

Ok, IMHO it is enforceable with an order from the Court.

All the prescribed terms are contained within the single document you signed.

 

As it stands it is improperly executed, they cannot enforce it without a Court Order.

 

As to your next move, well it would depend on your financial situation.

 

As they couldn't enforce it without going to Court you could offer them a full & final settlement figure - start at 10-20 % and work up.

 

Otherwise try & negotiate reduced payments & frozen interest.

 

Or let them take you to Court and then there are further options @ that point, but you need to consider them carefully before taking this route.

 

Have they defaulted you sent you any Default Notices? They may be incorrect & that gives you more bargaining power.

 

Are there any charges - late payment etc on the account - if so you can claim those back.

 

There is another risky option, and that's betting on the fact that they do not actually have the original form & therefore would be unable to prove in Court that the Conditions of Use (which contains the prescribed terms) were on the back.

 

You could write back saying that the account is still in dispute as you do not believe that they are the conditions that you agreed to, the ones they sent are certainly not from the back of the form. Ask them to produce the original agreement at a local branch for inspection.

Again risky as they have complied with your s. 78 request in providing, what they say is, a true copy - it does not have to be the original to comply with that request.

 

Hope that helps - sorry if it's not what you wanted to hear though

 

gh

[Dorabell]

i am already on a redused payment plan with them i have been off work for 14 months its just at the moment i cannot pay anthing at moment throu lack off money so i wanted to make sure first if it is enforceble i just dont now what to do, any more advise thanks:(

[gh2008]

I am sorry it was not the answer you had hoped for

I do believe in trying to be honest rather than build up your hopes and then send you off on a wild goose chase.

 

I would write to them, explaining the situation, enclosing a Statement of Affairs and telling them that you will only be able to make token £1 per month payments for 3 months.

 

When your situation improves write to them again.

 

Have you been to the CAB or contacted national debtline? National Debtline, for FREE CONFIDENTIAL and INDEPENDENT ADVICE call 0808 808 4000

They offer free ,friendly non-judgemental advice.

[Dorabell]

thanks will do that it will be a great help, and thanks for all your support:) i got there in the end with the scanner lol keep up the good work

.

[Dorabell]

Hi all update on yorkshire bank just received a letter from jeremy sutcliffe &co any advise please

[Dorabell]

Hi can any one help i have just received a letter of jeremy sutcliff&co

[Dorabell]

bumping up any advise please

[Dorabell]

H i all just a quick question there is no mention of this account on my credit file do they usually keep the file updated with information any advise would most appriciated than you

[Dorabell]

Hi all update with yorkshire bank ANORTHER THREAT O GRAM i have just received a letter from (FAIRHALSEN COLLECTIONS LIMITED ) IT LOOKS LIKE THEY ARE THERE IN HOUSE DEBT COLLECTIONS ANY ONE HEARD OF THESE) we are hereby instructed by our client to recover an outstanding debt incurred by yourself client yorkshire bank our client has authorised us to undertake an appropriate action necessary to recover the outstanding debt if you fail to take either of the above actions with in the next 7 days one of the follings methods of recovery may be enforce( FAIRHALSEN COLLECTIONS MAY COMENCE LEGAL ACTION IN THE COUNT COURT OR A DEBT COLLECTOR MAY BE INSTRUCTED TO VIST YOUR HOME AND COLLECT THE DEBT PERSONALLY) any advise please would be most appriciated thanks

[Dorabell]

hi all update with yorkshire bank,i have received a nother letter from (FAIRHALSEN COLLECTIONS LIMITED) i can not scan its not letting me, so here goes) dear bla bla i refer your letter dated 11th july 2008, first accept my apoligies that you found it necessary to raise a complaint with the company. (up above) i have completed my investigations in to your concerns and would like to present my findings my undrstanding of the issues you have raised are as follows( you feel that we are acting contrary to the office of fair trading guidelines by contacting you with regards to payment when you have advised that your account is in dispute with yorkshire bank you advise that we cannot visit your property with out a pre-arranged appointment, to which you do not agree. please accept my sincere apologies for any upset which may have been caused by the recovery action taken regarding your account i can assure you it was not our intention to cause offence.I have refered to our client yorkshire bank who has asked me to refer you to there letter dateted 2nd july 2008 this letter stated that a true sighned copy of the executed agrreement was supplied 21st february 2008 which fulfilled the banks obligations under the consumer credit act 1974. a further copy was enclosed with the banks letter dated 2nd july (i will post it up again)As we have been appointed to agree a redused repayment arrangement with you i regre that i am unable to prevent further telephone calls to your home. THIS action does not breach the office of fair trading guidelines as we are unaware of any further dispute you have with the bank. I note your comments with the regards to visiting your property. This was mentioned in our letter in order to make you aware of the possible consequences of non-payment This comment would refer to bailiffs, should your account reach Litigation stage i can assure you that we would not send a representative from this company to your home in this respect. In order to prevent further recovery action on your account i woul respectfully ask you to contact us urgently with your repayment proposals, any advise please:)

[Dorabell]

[Dorabell]

Bump any advise please

[Dorabell]

bump

[Dorabell]

Hi all could some one give me some advice on this one please advice is very much appriciated thanks

[The GodMother]

hi.

 

Is this as bad as it looks?

 

Rite it says from what i can read APPLICATION FORM at the top which is always a good sign for us.

 

Now i think it is a application form as i cant see any of the prescribed terms but then againt i cant read it properly.

 

My view is it is unenforcable for these reasons.

1 cant be read the cca1974 requires a legalbe document to be supplied.

2 no APR or other terms required from what i can read.

Hope this helps. Shout if u need anything else.

[Dorabell]

Hi all update any advise please i have just received another letter from fairhalsen collections i will post up thanks:)