Jump to content
  • Tweets

  • Posts

    • Dear All,   So Sorry we have been extremely busy with my work and family emergencies as my outlaws, who are in their mid and late eighties are very ill and they needed medical attention at hospitals.    Andy - Case plan is simply a sheet issued by the court to confirm who will be attending for the both parties and at what time the people will each arrive -  apparently, attendies from either side may no arrive together at the court due to Covid.   BN - The Court has not confirmed the discontinuance. A Judge at the Court has to agree to the Discontinuance but that has not yet taken place. We have 28 days to submit a stay to this notice.    FTMDave – I have always followed CAG advice since the first day I spotted the site and joined. CAG has helped me on numerous occasions. My wife did not want to drop the Counter Claim so it was essential I support her and try and talk her out of it gently.   The PCN should never have been issued in the first place because my wife’s parking area is on a private piece of land. A company leased that area of land (Call it Area A) from the main owner. The buildings in Area A are sub-let out to various tenants with Parking facilities; of which, the company my wife worked for is one such tenant.    To reach Area A, my wife has to drive through the main car park (Area B) of the main owner.   It is only Area B which Claimants are authorised to police. Area A is NOT under their jurisdiction so they cannot police there. This is still the case to this day and more specifically, this is something which the Claimant is fully aware. There is an agreement between the lessors of Area A and the main owner of Area B and it is written in this agreement. This, the  owner of Area B would instruct the Claimant,  not to police Area A.   After the Claimant issued the PCN to my wife, the solicitors of the Lessors of Area A, issued a cease and desist order to them and notified the solicitors of the owner of Area B wherein they stated clearly that this act was illegal and in breach of the terms of the lease. So, all the Claimant had to do was to cancel the PCN. We have a copy of this letter and so we can substantiate it.   BN + FTMDave – So, there you have it. This is the explanation you wanted. They were told to stop the case and drop it.     But instead, the Claimant pursued the PCN relentlessly even after my wife pleaded with them to stop the matter and cancel the PCN and explained the situation with copies of the cease and desist  letter.    We are following CAG’s advice and to do that properly, we need to notify the Court  where: a.       We will apply to the court to have the Notice of Discontinuance set aside. b.       We will also apply to the court to add an additional case against the Claimants for obtaining data on my wife falsely. c.       We will also apply to the Court to add an additional Defendant to our counter claim – that being the bosses of the Claimant – the owner of Area B   After submission of these applications, along the lines suggested by CAG, we will negotiate a settlement with the Claimants   Any further advice from CAG on (b) and (c) above will be very helpful and very welcome.   Thank you BF    
    • scan up the agreement to PDF  read upload carefully please   easy peasy if you have that   dx  
    • Understood. Maybe as a first step it would be a good idea to write to Amazon and tell them that I would have selected the prepaid hermes drop-off option, like I always do, but I wasn't able to as that option wasn't available for the laptop. Additionally, after Hermes not collecting the item on two consecutive times with the Hermes home pick-up option, I was advised by a customer service assistant to organize the return myself as there is no point in choosing the home pick-up service for the third time. Following his advice and returning the laptop myself being the only available option to send it back to Amazon, I have decided to organize the return myself. I was told that I can use any of the shipping services. To quote I was told: "I could only find the pickup option. So you could arrange your own return using parcel monkey: www.parcelmonkey.com or any similar service. Keep the receipt and send it to: ...url... And we will refund you the postage fees". I didn't get any other instructions and I did what I was told by the assistant to the letter.  What else should I add? Should I mention anything else?   I understand that. I am not afraid of that, I do think that nothing protects them from having to compensate a consumer where they have failed to take reasonable care in performing the contracted service. They have a general duty of care, and they have also failed to provide the service paid for. I really hope that the judge sees it that way too. But maybe Amazon realize the mistake they made and I won't have to sue Hermes. To be honest I think it is disgusting what they do... There is no way to lose a package of 70X40X15. It is way too big. And what are the chances that they lose another package of mine that I send with the laptop at the same time? Obviously someone stole them. What else could have happened? How can they not find the driver who was responsible for the package at the time of moving it from the ParcelShop to the sorting warehouse? And if something happened to the car/driver, it must be logged somewhere. And I would like to see that log (I actually asked them to provide that in my last letter). The whole thing is just unbeliavable.
    • if other details match and this is as a result of say a marriage then yes. CCJ's are not against an address.    
    • Thanks DX and BN.   He did keep saying he’s done loads of parking cases in the past, over the 10 years he’d been doing it, so as you say he’s bound to have come across VCS stuff before isn’t he.   hopefully that’s the case then he just wants to go through it in a bit more detail. Either way you have given me a lot more confidence again now thanks.
  • Our picks

    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies
    • Oven repair. https://www.consumeractiongroup.co.uk/topic/427690-oven-repair/&do=findComment&comment=5073391
      • 49 replies
    • I came across this discussion recently and just wanted to give my experience of A Shade Greener that may help others regarding their boiler finance agreement.
       
      We had a 10yr  finance contract for a boiler fitted July 2015.
       
      After a summer of discontent with ASG I discovered that if you have paid HALF the agreement or more you can legally return the boiler to them at no cost to yourself. I've just returned mine the feeling is liberating.
       
      It all started mid summer during lockdown when they refused to service our boiler because we didn't have a loft ladder or flooring installed despite the fact AS installed the boiler. and had previosuly serviced it without issue for 4yrs. After consulting with an independent installer I was informed that if this was the case then ASG had breached building regulations,  this was duly reported to Gas Safe to investigate and even then ASG refused to accept blame and repeatedly said it was my problem. Anyway Gas Safe found them in breach of building regs and a compromise was reached.
       
      A month later and ASG attended to service our boiler but in the process left the boiler unusuable as it kept losing pressure not to mention they had damaged the filling loop in the process which they said was my responsibilty not theres and would charge me to repair, so generous of them! Soon after reporting the fault I got a letter stating it was time we arranged a powerflush on our heating system which they make you do after 5 years even though there's nothing in the contract that states this. Coincidence?
       
      After a few heated exchanges with ASG (pardon the pun) I decided to pull the plug and cancel our agreement.
       
      The boiler was removed and replaced by a reputable installer,  and the old boiler was returned to ASG thus ending our contract with them. What's mad is I saved in excess of £1000 in the long run and got a new boiler with a brand new 12yr warranty. 
       
      You only have to look at TrustPilot to get an idea of what this company is like.
       
        • Thanks
      • 3 replies
    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
      I wrote to all his creditors asking for supporting documents and not one could provide any material that would allow them to enforce the debt.
       
      As a result he stopped paying and they have been unable to do anything, one even admitted it was unenforceable.
       
      If circumstances have got to the point where you are finding it unmanageable you must ask yourself why you feel the need to pay.  I guarantee you that these companies have built bad debt into their business model and no one over there is losing any sleep over your debt to them!  They will see you as a victim and cash cow and they will be reluctant to discuss final offers, only ways to keep you paying with threats of court action or seizing your assets if you have any.
       
      They are not your friends and you owe them no loyalty or moral duty, that must remain only for yourself and your family.
       
      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
      The money you are paying them should, as far as you are able, be put to a savings account for yourself and as a means of paying of one of these fleecers should they ever manage to get to to the point of a successful court judgement.  After six years they will not be able to start court action and that money will then become yours.
       
      They will of course pursue you for the funds and pass your file around various departments of their business and out to third parties.
       
      Your response is that you should treat it as a hobby.  I have numerous files of correspondence each faithfully organised showing the various letters from different DCA;s , solicitors etc with a mix of threats, inducements and offers.   It is like my stamp collection and I show it to anyone who is interested!
        • Thanks
        • Like

m16mae.....Yorkshire Bank / Hardship Claim


Please note that this topic has not had any new posts for the last 4130 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

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.

Link to post
Share on other sites

Hello and Welcome, m16mae.

 

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

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

If you can, please donate to this site.

Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

RIP: Rooster-UK - MARTIN3030 - cerberusalert

Link to post
Share on other sites

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

Please help us to help you. Download the CAG tool bar for free

HERE and use the search option for all your searches. CAG earns a few pennies every time !!!

 

Please don't rush, take time to read these:-

 

 

&

 

 

This is always worth referring to

 

 

 

 

 

Advice & opinions given by me are personal, are not endorsed by the Consumer Action Group or the Bank Action Group. Should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

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 by m16mae
Link to post
Share on other sites
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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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.

Link to post
Share on other sites
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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

Link to post
Share on other sites

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.

Link to post
Share on other sites
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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites
  • 1 month later...

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.

Link to post
Share on other sites
  • 2 months later...

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

Datxman v Lloyds TSB 2006 ** WON** 27/2/2006

With no conditions

Datxman v Capital One 2006

S.A.R - (Subject Access Request) letter sent - July 2006

Non-compliance letter sent - 11/09/2006

enforcement letter sent - 11/09/2006

Statements finally received - 27/09/06

Prelim Letter - sent 28/09/06 - £540

Lowell has bought the debt and I have asked them to wipe it clean due to lack of funds

Datxman v Barclaycard 2006

Won no conditions

 

 

[sIGPIC][/sIGPIC]Time is running out for the banks :)

Link to post
Share on other sites

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.

Link to post
Share on other sites
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?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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.

Link to post
Share on other sites
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?

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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!

Link to post
Share on other sites
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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites

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..

Link to post
Share on other sites
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.

.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

Link to post
Share on other sites
  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...