m16mae.....Yorkshire Bank / Hardship Claim

[m16mae]

Hello,

 

I am chasing Yorkshire Bank for a refund of charges. When i entered a hardship plee the bank in my eyes appeared to hide my letter in a cupboard for a fortnight, and within a week sent me two letters. The first said they actually had, without prior discussion with me removed my ability to pay anyone by direct debit or standing order, and the second said they intended removing my overdraft facility within the next 28 days. They magically received my letter a few days later and sent out forms for me to declare my income etc and a month later paid me out roughly a quarter of what i was claiming for. I think the bank knowing i was redundant knew they'd have to pay out and wanted to do all they could to retrieve any money owed to them asap.

 

I've reported this to FOS and am awaiting a response, hopefully a letter to give to courts showing i've been treat unfairly and that they can't stay my case, or just a full and final settlement. Has anyone else experienced similar as i want the FOS to see that it wasn't a one off and is probably a dark practise that they are operating.

[maroondevo52]

Hello and Welcome, m16mae.

 

I'll move your post to start a new thread for you.

 

Regards.

 

Scott.

[Mr lex]

Hi Mae,

 

To get a quarter of your charges back is a start, not a very good one but a start. Unfortunately a may be enough to keep the FOS off their backs for the time being, lets see what they, the FOS, come back with and take it from there.

 

It would be helpful to know what benefits you are receiving as this will have an impact on what line we can take.

 

Lex

[m16mae]

Hi all,

 

Thanks for moving my post, i didn't want to piggy back someone elses but couldn't find the icon to set up a new one.

 

I wasn't claiming any benefits etc at the time other than JSA which was about £45 a week. I'd simply been made redundant with a payout of about £2k. Of this i instantly repaid a loan early to yb for £1100 and caught up with other bills with the rest. I still had other outstanding credit cards and a small loan. The bank looked at my account history when deciding on a payout. Don't know how this affects going from earning a grand a month to earning nothing overnight, hence having nothing to live from but JSA.

 

My main annoyance is the way yb tried to claw back money and from what i see is lie about the date they got my letter to hide what they did. Also, as good as £805 is,i don't get how they come to that figure.

 

Thanks,

Edited March 23, 2009 by m16mae

[yourbank]

Hi all,

 

Thanks for moving my post, i didn't want to piggy back someone elses but couldn't find the icon to set up a new one.

 

I'm wasn't claiming any benefits etc at the time other than JSA which was about £45 a week. I'd simply been made redundant with a payout of about £2k. Of this i instantly repaid a loan early to yb for £1100 and caught up with other bills with the rest. I still had other outstanding credit cards and a small loan. The bank looked at my account history when deciding on a payout. Don't know how this affects going from earning a grand a month to earning nothing overnight, hence having nothing to live from but JSA.

 

My main annoyance is the way yb tried to claw back money and from what i see is lie about the date they got my letter to hide what they did. Also, as good as £805 is,i don't get how they come to that figure.

 

Thanks,

 

my gut feeling says that the letters crossed over and it is a coincidence. Most letters are AUTOMATED and therefore unfortunately the left hand does not speak to the right hand.

A quarter of the claim is pretty good on hardship and if the "priority debts" go into arrears gives you the ability to go back to the bank on hardship. I think the bank acted as they have to under the FSA Waiver on Bank Charges and the exemption in place under the Waiver.

Can you clarify if you are looking at getting the stay lifted at court? If you are then from experience, it is highly unlikely that it will happen.

[m16mae]

I think they were strategically timed and on one letter it clearly had a specific individuals name but electronic signiture, and wasn't automated. I'd be happy to wait like everybody else until the end of the ongoing case but only if the banks play fair too but i don't feel they have.

[yourbank]

I think they were strategically timed and on one letter it clearly had a specific individuals name but electronic signiture, and wasn't automated. I'd be happy to wait like everybody else until the end of the ongoing case but only if the banks play fair too but i don't feel they have.

That is total nonsense. Most banks have various departments that do not talk to each other. That is why I said the process is automated. You are just a number, so if a trigger hits a point then a letter is sent out.

Read the FSA Waiver, cos they have done what is required to do

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

 

Link for you above. Claiming under financial Hardship is there to alleviate hardship and so if you feel that they have acted outside the waiver then complain to the FOS and read the waiver and use it to your advantage.

[MARTIN3030]

I think YB raises quite valid points.

As regards an application to lift the stay,hardship does not figure as a factor since the waiver has no statute,its simply an agreement between the OFT the banks (who are subscribed to it)and the BBA.

You may have some recourse under the Banking codes if they have breached codes of practice.

Prepare for a long wait from the FOS-they have shown that the process is certainly not a quick one.

[m16mae]

Hi Martin,

 

I'm going to the FOS claiming YB have broken Banking codes and the terms they have to stick to for the waiver/stay to be in place. I just feel there is enough reasonable doubt to suggest there may be some foul play and i'm prepared to stand my ground with the bank. It's gone to the Ombudsman so if the bank have done something wrong they'll be held accountable in the end. I'm just wanting to put the suggestion out onto the forum to see if anyone else has experienced something similar. Sometimes it takes someone to come forward and say something has happened to them, in order for others to come forwards.

[yourbank]

Hi Martin,

 

I'm going to the FOS claiming YB have broken Banking codes and the terms they have to stick to for the waiver/stay to be in place. I just feel there is enough reasonable doubt to suggest there may be some foul play and i'm prepared to stand my ground with the bank. It's gone to the Ombudsman so if the bank have done something wrong they'll be held accountable in the end. I'm just wanting to put the suggestion out onto the forum to see if anyone else has experienced something similar. Sometimes it takes someone to come forward and say something has happened to them, in order for others to come forwards.

 

You might have a case under the FSA Waiver on Bank Charges but it is a 50/50 shot.

 

"1.

The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems."

 

http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/disp_monthly.pdf

Annex 2 "dealing with complainants in Financial Difficulty"

Page 11, part (1)

 

 

There would have to be a liberal interpretation of the waiver on this, re your letter goes in, they remove the ability for you to pay any regular payments without discussing it with you and removed your overdraft giving you notice. Its a 50/50 shot imho. Having said that they paid out 25% so if you are going to the FOS then maybe you might want to query the amount of the payout considering the actions YB took post your initial letter and removal of overdraft etc.etc.

[m16mae]

Just an update-

Ombudsman phoned yesterday to say had sent letter to YB for their feedback and would await their response. I got the impression that they mis-understood the angle i was coming from, but i'm going to see what happens next and go from there. FOS said they hope to have everything resolved in 6-8 weeks.

[datxman]

good luck with it - let us know how it goes.

[m16mae]

Hi Datxman,

 

After 1 month of hearing nothing from FOS i rang them. They said they were waiting for a response to the letter they sent to yb over a month ago. I was disgusted that they'd allow so long for a response. Two days ago i rang them, (8weeks from when they first wrote to YB) and they said yb responded a week or two ago and now they were waiting to assign my complaint to an assessor. They'd appoint one within the next 14days. Is it me or have not only YB failed me but also the FOS, the people who should be looking after consumers?

 

Thought the terms of the stay indicated that banks must be cooperative with the requests of people like the FOS and must also store my data so it is easily found when required (mainly after conclusion of test case.) So why a six week wait to respond?

 

I'll reserve judgement until the FOS come to a conclusion but so far i've been left very disappointed.

[yourbank]

Hi Datxman,

 

After 1 month of hearing nothing from FOS i rang them. They said they were waiting for a response to the letter they sent to yb over a month ago. I was disgusted that they'd allow so long for a response. Two days ago i rang them, (8weeks from when they first wrote to YB) and they said yb responded a week or two ago and now they were waiting to assign my complaint to an assessor. They'd appoint one within the next 14days. Is it me or have not only YB failed me but also the FOS, the people who should be looking after consumers?

 

Thought the terms of the stay indicated that banks must be cooperative with the requests of people like the FOS and must also store my data so it is easily found when required (mainly after conclusion of test case.) So why a six week wait to respond?

 

I'll reserve judgement until the FOS come to a conclusion but so far i've been left very disappointed.

 

 

On a clean complaint to FOS on hardship it's 12 weeks however, this wasn't and the delays are/were caused by getting information firstly prior to it going for assessment.

Have they got your income and expenditure form?

[m16mae]

Hi yourbank,

They've just got all the relevant correspondance between me and the bank. My issue wasn't so much the 25%payout, although it was a bitter pill to swallow. It was more the fact they removed my overdraft and direct debit/standing order facilities within a week of getting my hardship claim. I get that the process is 8 to 12 weeks, i just think its poor that yb take 6 weeks to respond to a letter from FOS and unless FOS have done something on the quiet, they seem to let them get away with it.

[yourbank]

Hi yourbank,

They've just got all the relevant correspondance between me and the bank. My issue wasn't so much the 25%payout, although it was a bitter pill to swallow. It was more the fact they removed my overdraft and direct debit/standing order facilities within a week of getting my hardship claim. I get that the process is 8 to 12 weeks, i just think its poor that yb take 6 weeks to respond to a letter from FOS and unless FOS have done something on the quiet, they seem to let them get away with it.

 

So if they removed the overdraft facility the £805 would have left you with effectively hardly anything, right?

[m16mae]

exactly,

so being in hardship at the time, rather than being what you mentioned in an earlier post:

 

"1.

The firm will be sympathetic and positive when considering any financial difficulties claimed by the complainant. Firms will not subject a complainant to harassment or undue pressure when discussing their problems."

 

by trying to remove my overdraft YB tried to recover any money they owed to them asap. And by removing the facility to pay anybody else by standing order and direct debit, it meant it was difficult except for by making debit card payments to pay anyone else, hence my money being more available to YB to reclaim...

 

YB have failed to keep to so many of the terms of the stay it's untrue, yet as a small fish in a big sea, i get the feeling i'm going to come out of the situation as the loser.

[yourbank]

YB will get into trouble on this one because that is something the FOS will not be happy with at all. I expect them to possibly give you an increased payout on that basis alone perhaps or some form of compo against YB.

 

I await news with interest.

[m16mae]

YB received my hardship letter between xmas and new year 2007 going into 2008. I feel they've strategically done the dirty deeds on the 2nd and 7th, then mirraculously received my letter of hardship on the 9th. Think they'll play dumb to escape what they've done. My letter was handed in by a staff member and friend that i don't want involving so i've no proof to say when my letter was received. Bit of a poor situation to be in!

[yourbank]

YB received my hardship letter between xmas and new year 2007 going into 2008. I feel they've strategically done the dirty deeds on the 2nd and 7th, then mirraculously received my letter of hardship on the 9th. Think they'll play dumb to escape what they've done. My letter was handed in by a staff member and friend that i don't want involving so i've no proof to say when my letter was received. Bit of a poor situation to be in!

 

Well you handed it in to the branch(not my approach because there would be a delay getting to the right department) but it was handed in none the less. I can't wait for the FOS on this one.

[m16mae]

It wasn't the branch, the staff member works in the same building as AQU who deal with the claims.

 

I hope YB have to pay me out, get fined by the FOS/OFT and get the stay removed but somehow, i see the FOS clouding over the issue and putting my claim on hold with everyone elses.

 

I'll keep you posted. You may be waiting a while though..

[yourbank]

It wasn't the branch, the staff member works in the same building as AQU who deal with the claims.

 

I hope YB have to pay me out, get fined by the FOS/OFT and get the stay removed but somehow, i see the FOS clouding over the issue and putting my claim on hold with everyone elses.

 

I'll keep you posted. You may be waiting a while though..

I think there is a potential for them upping the amount or a reinstatement of the Overdraft with the inital offer being upheld.