Ozzy v Yorkshire Bank

[ozzywizard]

Well I read your forum with much interest and thankyou so much for the information and services provided here.

Anyways I have been charged heaps for years from these, one from an old account they closed due to charges that I could not pay back etc.

 

For now though im going to concentrate on the one I am currently using then when done with that I might put in claim on my old account.

 

I am just sending off the Data Protection Act letter that requests statements with a 10 pound cheque. I am right in saying this letter goes to my local branch and not some head office place ? . .

 

Thanks again for any help I may receive from yas.

[rachel2609]

Hi Ozzy

 

Welcome!!

 

Send it to your local branch, they will probably forward it to Head Office for processing anyway, but at least you might save 30 odd pence on posting by hand delivering it. Dont forget to get a signature and dated receipt from whoever receives it from you.

 

Of course if you are posting it send it recorded delivery and then use the Track and Trace number on the Internet to find out when they received it.

 

Hope your in it for the long haul like the rest of us, if you have read the various threads you will realise they will drag their heels as much as posible.

 

Good luck!

 

Rachel

[ozzywizard]

Hey Rachel, thanks heaps for the advise really is appreciated.

 

Ive believed for a long time that the excessive high bank charges are unfair and unlawfull but as one person not being clued up on the law etc you feel you cannot make a differance or able to fight back.

 

Its good to know that they are wrong and for once a "normal" person can win.

 

Hey on another note if anyone needs advise on gas or electric bills I know heaps about that working for powergen . lol.

 

Yeah im in it till the end tyty.

[ozzywizard]

Quick question for yas, I understand you cannot give a yes or no answer to this but what are the chances of YB threatening to close my account during this process. I really do not want it to be closed down.

 

Now this however will not stop me proceeding, it will just be a differant process. I have 2 accounts one joint with my wife (the closed account because of bank charges ..... passed onto moorcroft for collection) and one that is now active and I would like to keep it active.

 

So my plan is to have my wife make claim on the closed account (the joint one) whilst I make claim on the active account.

 

I just need advise from yas that have started proceedings if they threaten to close account.

 

I think it will be a blast when 2 claims are made from the same house hold. . .

[ozzywizard]

Can somone please advise,

 

Today I received a notice of intended litigation from Moorcroft advising me that I owe them 1200 from a closed YB account that was due to them closing my account because of all the bank charges.

 

I intend to claim these back so how do I reply to moorcroft and do I set up a payment plan with them when I do not agree with amount owed.

 

They want payment in full before the 9/9, if I do not respond they will take legal action.

 

Any help would be appreciated.

 

(it was joint account but only my name was on moorcroft letter lol)

 

Thanks,

[caro]

I was just about to suggest that you post about this on the debt forum ozzy, but when I went to take a look I see you have already done so.

[davg]

Hiya Ozzy, I have had the same letter from Moorcroft about an account that was closed by the RBS due to unpaid bank charges also (haven't started to claim these back yet).

 

They will still expect you to pay up as these debt collection agencies have no compassion whatsoever.

I don't think they care too much about whether you are in dispute with the bank about the charges however don't despair.

 

What I did was phone them and set a repayment at the lowest amount possible to me to get them not to go through with court action, knowing that I would be contesting these charges at a later date. This should give you a bit of breathing space.

 

Maybe a mod can advise you better on this matter but this is what I did anyway.

 

Hope this helps, good luck and keep us posted.

 

davg

[ozzywizard]

Okies thanks Davg and Caro.

[ozzywizard]

Any advise appreciated,

 

Ok today received 2 letters that I believe are wrong, We made 2 claims one in my name for joint account and in my wifes name for her sole account.

 

Letter 1

 

We confirm we will be able to provide you with copies of your bank statments etc from august 2000.

With regard to your request for information relating to manual intervention there is no specific mention of manual intervention within the data protection actand as such we are under no statutory obligation to record or provide this information.

 

Is the above important to the claim ? .

Also this claim was for the joint account that was claiming in my name but letter was addresed to Mr and Mrs.

 

Letter 2

 

This one was refering to My wifes claim on her sole account but letter was addressed to Mrs my name. What an insult my name with Mrs but meant for my wife.

 

We write with referance to your request for DSA on your accounts with ourselves and would like to confirmthat the charge of 10 pounds is for the complete service not per account.

We have therefore destroyed one of the 10 pound cheques for 10 today.

 

............................

 

Ok now I called into the bank and they apologised for the missprint on the name. Also explained to me that because my wife is on both accounts they only needed one cheque to cover both accounts but will provide all information on both accs. So does this meen I have to make one claim in her name instead of the intended 2 claims one in my name and one in hers. Also the bank was reluctant to give me the letter back but I insisted I needed it back for referance, wonder why they didnt want me to have it ?

 

Thankyou in advance.

[ozzywizard]

Do I need to deal with this manual intervention thing ?

[caro]

Don't worry about manual intervention for now, but it might be easier to keep the 2 claims separate as YB have made tried to cause problems for some people with joint accounts.

[ozzywizard]

Okies thanks Caro, will see what happens when statments arrive. Hopefully they will be seperate and I will claim seperate.

[ozzywizard]

Well statments arrived this morning, not looked at them yet as travelled to work. I have the next 8 hours to add them all up and do the paperwork. Will post back and let you all know the total.

I am sure the bank has broke the DPA laws, not sure what to do about it if anyone has advise.

 

My joint account ran from 2000 to 2003 then my wife opened up her private account to keep her finances seperate. We sent off 2 seperate SAR'S .

The statments arrived to the name of Mr and Mrs. But all statments were put together in one envelope for both accounts. So now I have received all my wifes statments which surely is a breech of DPA ?

[caro]

I agree with you. Perhaps Mrs Ozzy should make a complaint.

[ozzywizard]

Yeah exactly Caro, will let ya know how that goes. Would it be appropiate to include it in the Prelim letter, Like an additional paragraph ?

[ozzywizard]

Additionally I have the permission of Mr Smith to make the claim on account 00000000 who will sign this letter to indicate he will make no further claims on this account as he has read this letter and agrees to its contents.

Regarding my statements by request of S.A.R - (Subject Access Request), they arrived in one envelope addressed to Mr and Mrs Smith. As the account 00000000 is my sole account it should not of been sent to Mr Smith as he now has access to my private and protected banking. This is a breech of the Data Protection Act and I will be reporting it to the Information Commissioner

What do you think of this ?

[Mindzai]

looks good, except in this context 'breech' should be 'breach'. Good luck, I'll be interested to see how this goes.

[ozzywizard]

Thanks heaps Mindzai, I will keep yas informed and adjust spelling

[ozzywizard]

Wasnt as much as expected but prelim letter sent off for 810.

[ozzywizard]

Unbelievable fast reply to prelim, posted Wednesday branch must of received it on Thursday and replied straight away. Got reply on Friday morning.

It was the standard reply but from the branch, not head office. However the first paragraph goes as follows.

Firstly, I would like to take this oppertunity to apologise for our head office error by sending all the statements for your joint account with your sole account in the same envelope and I pass this information on to the department involved so this error does not happen again.

Then it is pretty standard, so going to move onto the LBA now see if that makes it to the head office.

Does anyone think I should persue the statements thing or just leave it ?.

[caro]

It's you call ozzy. It shouldn't have happened but only you can decide if it is worth it to you.

[ozzywizard]

Thanks Caro,

 

ok going to send this which is slightly revised, not posting it till like Tuesday so plenty of time to change content.

 

 

LETTER BEFORE ACTION

 

 

Dear Sir/Madam,

 

SORT CODE 00-00-60 ACCOUNT NUMBER 000000/00000000

 

Firstly, regarding your head office error with the breech of DPA with the statements, I accept and give thanks for the apology and will not pursue this matter any further but I would expect you to reimburse the ten pounds I paid for this service to my account 00000000.

 

I am very disappointed that you have failed to respond positively to my letter of the 22/09/2006 and that the initial complaint was not fully investigated and

no refunds of charges have been levied to my account.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I calculate that you have taken £810.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 22/09/2006

 

I require repayment in full. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interestplus my costs without further notice.

 

 

Faithfully,

 

 

Me

[ozzywizard]

Sent today

[ozzywizard]

Received the standard "we have reopened and will reply in 28 days reply"

[ozzywizard]

Hey im at work so not got the post yet but just checked online banking and

17/10/06ADJUSTMENT ADJUSTMENT CREDIT 10.00 CR

 

So this must be my SAR money back.

Firstly, regarding your head office error with the breech of Data Protection Act with the statements, I accept and give thanks for the apology and will not pursue this matter any further but I would expect you to reimburse the ten pounds I paid for this service to my account 00000000.

 

First part of my LBA.