Sandra v the YB **SETTLED**

[s k shaw]

Hi everybody

 

I have been reading people's threads, with interest, for quite a while now and don't feel so alone anymore. I have already received my 6 years worth of statements and have just used the letter from the library asking for repayment of charges. I will be hand delivering it, together with my calculations, to my branch tomorrow.

 

I know that if I don't get a positive response within 14 days I have to send a letter before taking action, giving them another 14 days. Which letter is it in the library - this isn't making sense to me?

 

Please advise.

 

Regards

Sandra

[JMio]

Hi & welcome - you've actually answered your own question!

 

1st letter is the Preliminary Letter, followed 14 days later by the Letter Before Action, which gives another 14 days.

 

Any more questions please ask, oh - and good luck!

[s k shaw]

I've received the 'no deal' response from YB and having read it, it sounds like they know what they're talking about and have made me feel like I don't. This is the point when I could easily say I'll just forget it. Everything they say seems to make sense and that basically I am responsible for the running of my account.If I've overdrawn on insufficient funds then I haven't complied with the Bank's standard terms and conditions and charges where applied in accordance with those terms and conditions as a result of my poor management.

 

Should I go ahead with the next step? Was this to be expected?

[turt77]

Absolutely to be expected and they will keep telling you it's your responsibility.

 

Dont listen to them.

 

The charges in their terms and conditions are unlawful, and they know it.

[Andy Wade]

I've received the 'no deal' response from YB and having read it, it sounds like they know what they're talking about and have made me feel like I don't. This is the point when I could easily say I'll just forget it. Everything they say seems to make sense and that basically I am responsible for the running of my account.If I've overdrawn on insufficient funds then I haven't complied with the Bank's standard terms and conditions and charges where applied in accordance with those terms and conditions as a result of my poor management.

 

Should I go ahead with the next step? Was this to be expected?

 

This is what they want you to believe, remember that the banks have been running the show since day one, and they're still behaving as if the customer is wrong and they are right. Funny that, because most decent businesses behave in a completely different fashion.

Yes, you are responsible for running your account, but they also have to play fair too. To charge you £35.00 for a DD bouncing is unfair as this actually costs them less than £1.00 as their system is almost fully automated. No-one actually looked at your account and hand wrote a letter to you every time a DD bounced.

The main 4 banks make about 3 billion pounds a year from overcharging their customers in this way.

Yes, 3 billion pounds!

Disgusting isn't it, to make such a huge amount from customers mistakes?

In October last year, the Office of Fair Trading said that even with manual intervention they couldn't see any way that it could cost more than £12.00 for a charge like this.

Some banks have reduced their charges accordingly, but since the system is almost £100% automatic, they're still ripping off their customers at £12.00. :o

And YB are still charging £35.00 each time! So they're ignoring the OFT.

 

Follow the advice in these threads and the FAQ's and they will have to give you back your money that they took out of your account unfairly.

 

Ask for help and you will get it here, we're all in the same boat and there's always someone who will help you out here.

 

Isn't it nice to know that someone will help you get your money back?

[s k shaw]

Thanks for this - you have boosted my confidence. I'll keep you posted.

 

Thanks again.

[ymcmurtrie]

I'm not sure how to "quote" someone because i'm new to forums, but the part below was written by Andy Wade. Sorry to hijack the thread - but I already knew what Andy had said - which is the whole point of us all claiming our money back, so I thought you all might find the letter I recieved from CB today telling me that the charge for returned DD's etc is being increased from £22.50 to £25.00 as chucklesome as I did....Andy has quite rightly stated that the banks are already illegally over charging - so instead of putting costs down like they should be doing according to the OFT and to stop people from reclaiming huge amounts - Clydesdale once again show their true colours...Well done Clydesdale for cheerin me up today!

Yvonne

 

 

Disgusting isn't it, to make such a huge amount from customers mistakes?

In October last year, the Office of Fair Trading said that even with manual intervention they couldn't see any way that it could cost more than £12.00 for a charge like this.

Some banks have reduced their charges accordingly, but since the system is almost £100% automatic, they're still ripping off their customers at £12.00.

 

 

[Andy Wade]

I'm not sure how to "quote" someone because i'm new to forums,

 

There's a button in the bottom right hand corner of each posting box, it says 'Quote'.

You're probably using the 'Add Reply' button at the bottom left of the page instead, this doesn't quote the previous post you're replying to.

[JMio]

Just to haul things back on track again

 

Keep going Sandra, you'll not be left on your own - there's loads of others in the same situation as you (one of which being ME!).

 

There's another Mod, Caro, that's taking on the Yorkshire, along with several very helpful others that are often lurking around on this forum, so help is very much at hand!

[caro]

Hi Sandra. Yes I'm here too. You could read my thread, Trundlecats, PJDudley and several others to see how we are getting on. YB do like to try and put you off but they are up against some fearless folk here. You have just been fed the usual rubbish, so keep at it.

[trundlecat]

Hmm, there's someone called Sandra Shaw lives 2 doors away from me. Do you have a caravan in you back garden & own a celebrity dog?

[s k shaw]

No, but I do try to keep my shoes on in the interest of public hygiene!

[s k shaw]

OK Fellow Bankbusters,

 

Do I now complete the application form to the court and if so do I send it to the County Court or the Small Claims Court? Sorry for my ignorance on this subject but I have never had any dealings with any courts and I don't want to look silly by sending it to the wrong place (I want to look like I know what I'm doing!).

 

The bank's letter said that if they didn't receive a response from me within 8 weeks of their letter, my complaint would be considered closed. Am I supposed to be responding them or will the Court contact them within that 8 week period?

Should I be advising the bank that I have sent claim to the court?

 

Please advise.

[Michael Browne]

Haven't you only sent the preliminary letter? If so, send the Letter before action here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-letter-before-action-consumer.html

[s k shaw]

Thanks Michael

I think I was getting a little ahead of myself there.

Regards

S

[s k shaw]

Hi

 

Have today hand delivered the letter before action and will keep you updated on progress.

 

Regards

[caro]

I look forward to the updates Sandra. I suggest that you use the time to check out MCOL and what is involved with that. It has lots of guidance and advice on there which is useful.

[s k shaw]

Thanks Caro

 

I would very much like to check out MCOL - what does it stand for? I don't seem to be able to see anything that this might stand for, and I am looking.

[caro]

Sorry Sandra. After a while you get used to the jargon and forget that some people are newer to all this. MCOL is Moneyclaim on Line. Look at number 5 in the step by step instructions. There is a link to the website there too.http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html?highlight=moneyclaim

[vickiburns]

Hi

new to all of this but have managed (eventually!!!) to get a statement from Clydesdale, i have defaulted in the past and have now arranged a regular payment amount. I am unsure whether i can claim back my charges (in excess of £1000) and how i work out which charges i can claim, most of them are for late payment letters, sometimes two a month. i have been paying for 6 years, my initial spend was £445 and i have paid back over £1500. ANy help with how to work this lot out would be most appreciated.

[caro]

Hi Vicki and welcome.

 

The best place to start is by reading the FAQ's and step-by-step instructions, and use the letters in the forums bank templates library. It takes a few days reading to take it all in but it's worth spending the time so that you understand what you are taking on. Clydesdale are proving hard to crack, so you must expect to do a court claim, so it is vital that you research thoroughly so that you are confident in what you do.

 

Also start your own thread so we can all follow your progress and offer advice and encouragement.

[s k shaw]

Caro

Thanks for directing me to the MCOL (God! - I'm at it now!). I've had a browse through it so I have an idea of what to expect and it doesn't seem too difficult with all the help that's at hand. I'll advise again following the 14 day deadline for the LBA (I'm getting good at this).

 

Also, welcome to Vicki.

Regards Sandra

[s k shaw]

Update -

 

Following my LBA, I have now received a reply from YB together with a cheque for £215 being half of what I have claimed (not including any interest of course!).

 

I believe my next step will be to respond with 'thanks, but no thanks, unless this is partial settlement' and give them 14 days to make payment in full. During the wait I'll be studying the 'moneyclaim online'.

 

Will the bank automatically calculate the interest because as yet I haven't made them aware of the 8% interest charge. I think I was right to exclude it from my original schedule of charges. Shall I send them another schedule with the interest charges shown together with the letter?

 

Regards

Sandra

[Michael Browne]

.

 

Will the bank automatically calculate the interest because as yet I haven't made them aware of the 8% interest charge. I think I was right to exclude it from my original schedule of charges. Shall I send them another schedule with the interest charges shown together with the letter?

 

 

You can't claim this until you have filed at moneyclaim. All you can do is give notice that you will be claiming the 8% + court costs if they don't settle before you issue a claim

[s k shaw]

Thanks for that Michael.

 

With reference to my 2nd paragraph, would you agree that this should be my next step? My letter reads as follows: -

 

I am in receipt of your letter dated 9th August, 2006 but I am disappointed that you have not refunded the total amount claimed of £430 plus interest.

I am not prepared to accept the cheque offered in full and final settlement. However, I am prepared to accept your offer of £215 in partial settlement pending full reimbursement. The cheque will not be cashed until that time.

 

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest, plus my costs and without further notice.

Regards

Sandra