Help with Yorkshire Bank

[mazj28]

Hi

 

Was wondering if anyone can give me any advice on my claim with Yorkshire Bank. Basically I complained a year ago my charges were just over £5000 after complaining and getting no where I submitted complaint to the FOS. Due to the test case this was then put on hold but I wrote again as we are suffering financial hardship (mainly due to these charges) and the FOS agreed to look at our complaint still. In January my complaint finally got through to an adjudicator at the FOS and I received a letter stating that Yorkshire were prepared to repay £1000 as an ex-gratia offer, and if I did not accept this then my complaint would be put on hold until after the test case. As I was desperate at the time I agreed to accept the £1000 with the FOS as they said it was an ex-gratia offer and I checked that I could still claim after the test case for the rest.

What I am wanting to do now is take Yorkshire to court for the rest of the charges, I only went down the FOS route as I really couldn't afford the court fees at the time, I know that they will ask for this to be stayed until after the test case but can I ask for this to be overturned due to the fact we are suffering financial hardship, we've just had a suspended repossession order made last week on our home so I am really wanting to go after Yorkshire now to get the rest of my charges back so that I can clear the arrears on the mortgage and get rid of the suspended possession order. If anyone has any advice I would be very grateful

Thanks

Maz

[Guest Old_andrew2018]

are you quite sure that you can claim the remainder of these charges, I am sure I read someones comments about acceptance of an offer being final and you can not recover any additional amounts on the same claim

[mazj28]

Yes I checked before I accepted the offer, the letter from the ombudsman stated that this was an ex-gratia offer, they said that if I accepted the offer then my complaint would be final with the Ombudsman, but I could claim the remainder through them after the results of the Test Case but I accepted because if I didn't then my complaint was going to be put on hold until after the test case anyway. I also asked them if I accepted if I could then claim the rest through the courts and the ombudsman said that I could.

[Mr lex]

Hi Mazj,

 

I think it would be a good idea, at this time to reread and check the words 'Full and Final' do not occur in any of the documentation you have received.

 

If you have the full Thread on CAG for your original claim, perhaps you could post a link here for us to have a look at ??

 

Lex

[mazj28]

I don't have a previous thread, I just followed the steps which took me to this point. The letter I have from the Ombudsman definatley does'nt state full and final,it states "this offer is based on a goodwill basis". it then goes on and states "the offer I have outlined is made on an ex-gratia basis, and so once the court case is concluded, you may still be able to make a claim against the bank for the remaining amount of the charges". I assumed that this was with the ombudsman but do you think that I will have to wait until after the test case to start court action now? Thanks

[weazledeasel]

Yes you will have to wait, the courts do not take hardship into account so any court action will be stayed

[caro]

I think it is still worth you submitting your claim. I suggest that you follow the normal steps for claiming back charges, so even if your case does get stayed (which it will) you are already in line as soon as the test case is resolved. If FOS have not accepted your reasons for hardship I think it unlikely the court will TBH.

[mazj28]

Ok I will do, as they have already repaid 1000 through ombudsman, will I just take this off the total amount that I was claiming?

[caro]

I think that would be the best idea. I assume that you have a schedule of charges so personally I would put a credit of £1000 on the appropriate date on that when submitting your claim.

[mazj28]

Yes I do have a schedule of charges, I will get my claim in at the court this week as my schedule starts in May 2002, so I would be better off getting it in now as if I wait until after the Test Case I wouldn't be able to claim the charges that are over 6 years ago back would I?

Thanks Caro

[GuidoT]

Given we expect judgement in 2 days, I would wait. However this judgement will not give us the final answer, it just decides a preliminary point.

 

If things go our way, then file, it will probably get stayed, but at least you will be in the system.

 

If they do not then we will cross that bridge if it arises.

 

Include all the charges you have a details of, do not concern yourself with the 6 year limitation period for now.