Ben v Yorkshire Bank

[eagle.eyes]

Hi everyone.

 

I'm new to this, but am very excited about reclaiming my charges.

 

I sent the Prelim letter to my branch, in Bradford, on the 15th August. I have been with the YB for 4 years, and have kept most of the statements. Haiving spent a couple of days trawling through them, I amounted charges and interest of over £900. I photocopied all statements and sent them to the branch manager with the prelim letter.

I received the following reply on the 17th August:

 

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Dear *********

 

I refer to your letter dated 15th August 2006. I note from your letter that yoyu feel excessive charges were applied to your bank account during the last four years.

 

During this time, the relationship between you and the Bank was governed by the Banks' standard Terms and Conditions. Those terms and conditions provided that:

 

(1) Free banking is available while your account remains in credit or within the the agreed overdraft limit.

 

(2) You must obtain the Bank's agreement before overdrawing on your account.

 

(3) If the Bank made payments from the Account or paid cheques which were guaranteed by the associated cheque guarantee card when there were insufficient funds available, any overdraft created or any overdraft which exceeded an agreed overdraft limit would be unauthorised.

 

(4) If you drew cheques or unauthorised (she cant even write!!) or made payments withour sufficient money available in your account, taking account of any overdraft limit and allowing uncleared cheques, the Bank might return the payments and make a charge for doing so.

 

(5) Charges and interest applicable to the account were published in the form of tariffs and up to date tarriffs were available in branches and from time to time enclosed with bank statements.

 

(6) Where appropriate, written details of overdraft charges and debit interest incurred on the account during the previous charging period (i.e. the previous month) would be sent to you at least 14 days before the charges and interest were deducted from your account.

 

(7) If the account had an unauthorised overdraft, additional charges might be levied which would be debited to the account on the day which the unauthorised overdraft was created.

 

(8) If the bank increased a charge for a basic account services, the Bank would give you at least 30 days notice.

 

I would note that the Terms and Conditions complied with all the relevant requirements of the Banking Code.

 

You are responsible for the running of your account, and for ensuring that sufficient funds are in your account to meet the standing orders, direct debits and cheques which you have created or drawn on the account. As stated in the Terms and Conditions governing your account with the Bank, you are aware that charges willbe incurred if insufficient funds are in your account on the dates the payments you have instructed are debited. The charges applied to your account were applied in accordance with terms and conditions, as a result of your operation of the account. (If she mentions Terms and Conditions again!)

Further. The terms and conditions (AARRGH!) were fair having regard to the follwing matters:

 

(a) the cost to the bank maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible.

 

(b) The increased risk of loss to the Bank arising from such unauthorised transactions and the associated costs of enforcement and recovery systems.

 

© The need to operate standard procedures and to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case.

 

Taking all of the above into account and having regard to the information you have given, I am not prepared to refund the charges on your account.

 

I have enclosed for your information a copy of our Internal Complaint Handling Procedures. These procedures confirm how to pursue your comaplint if you remain dissatisfied witht this response and how to refer your complaint to the Financial Ombudsman Service if we cannot resolve the matter.

 

If we do not receive a response from you within eight weeks of the date of this letter, you complaint will be considered closed.

 

If you have any additional onformation that you wish to provide please let me know.

 

Yours Sincerely

 

Lynn Scourfiled

Manager

 

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I understand that this is a standard reply, no? Unfortunately, I cannot find the Terms and Conditions that the bank originally supplied. What is the next step?

 

Thanks for taking the time to help!

 

Ben

[eagle.eyes]

Im guessing I need to issue the LBA, but the opening paragraph of the LBA states that I am disappointed that you have not replied. Do I omit this paragraph, and keep the rest?

Thanks

[chopperclaire]

Ben

Firstly, welcome!

 

As you have all the statements and have calculated the charges etc, you need to send the initial letter asking for reimbursement of fees (see template library) with a statement of charges. They then have 14 days to respond. If no response or no offer of FULL settlement then send the LBA let stating you will give them a further 14 days before issuing proceedings!

 

I too am claiming against YB and am only 10 miles down the road from you in sunny Haworth, so keep updating your thread so I can see how you get on. I am still waiting for my statements at mo, and it would seem YB are not great at dealing with things. Don't expect them to be in any hurry to help or respond to you!

 

claire

[eagle.eyes]

Hi Claire

 

Thanks for the reply. I have already sent the preliminary letter. The above letter from them is their reply. I want to know what I should do now as the LBA I think is for when the bank does not reply.

 

Ben

[Michael Browne]

Merely amend the LBA. Something like 'have not responded positively'

[tros]

Just received the same letter but YB now threatening to issue a counter claim against me for damages suffered should I choos to proceed straight to court action.

 

What do I do next?

[eagle.eyes]

Well I've sent the LBA directly to Lynn Scourfield. They have until 12th September to reply. Looking forward to it!

 

I'll keep you posted.

[JulesTools]

Hi Tracey ,

Got exactly the same letter my papers went into court this aft

Good luck

[caro]

Just received the same letter but YB now threatening to issue a counter claim against me for damages suffered should I choos to proceed straight to court action.

 

What do I do next?

Read up the FAQ's and step by step instructions. They have issued a counterclaim against me but I am not worried. They are highly unlikely to let it get to court, and if it did get that far you would get help every step of the way.

Start your own thread and keep us posted on your progress. And most important, don't let the scare tactics get to you. Personally it just makes me more determined to hold out for everything I am entitled to.

[eagle.eyes]

Hi all

 

Ive received a response today from Hilary McGuinness, Customer Operations Officer.

 

Here it is....

 

 

Dear Mr ****

 

I refer to your recent letter and as requested I have reopened the complaint and a further review is being undertaken.

 

My understadning of the further issues you have raised are as follows:

 

initial complaint not fully investigated

no refund of charges levied to the account

 

I hope to respond to your comaplint shortly, at the latest within the next four weeks, once I have had the opportunity to review the above.

 

Please be assured that every effort is being made to bring your complaint to a satisfactory conclusion.

 

Yours Sincerely

 

 

Hilary McGuinness

Customer Relations Officer

 

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I'm glad that they are responding quickly, but I'm not keen on waiting for 4 weeks!!! Do I wait for 14 days, or am I required to wait for the 4 weeks before I can go any further?

 

Thanks for reading!

[Piggy bank]

Stick to your own time table.

 

Their additional weeks to look into it is merely a delaying tactic.

[JulesTools]

Hi Ben

I had EXACTLY the same letter it is just another stalling tactic ignore it and carry on as you are.They have had plenty of time to repay the charges and are just trying to put off the inevitable.Good luck , Jules.

[eagle.eyes]

Ok, thanks guys, I may send a letter warning them that I am sticking to the 14 days timetable I have given them. This gives them plenty of time. When that is up, and they've done whatever they want, I'll send the court papers.

Ben

[caro]

You can if you like but I wouldn't bother. You have already told them 14 days, and it will make no difference whatsoever to the outcome, which will be that you will need to take court action.

[tros]

Hi Tracey ,

Got exactly the same letter my papers went into court this aft

Good luck

 

Thanks for that Jules. Have now sent LBAs but still finding it all a bit scary!

 

Cheers

 

T xx

[eagle.eyes]

Hi guys

I received a letter yesterday from Hilary McGuinness, the person I received the last 'we're investigating...blah blah blah' letter.

I'm very happy to say that I received a cheque. Unfortunately, its for half the amount.

The letter does basically say that it is my fault because of no money being available when I have orders etc coming out. Fair enough, but that doesn't excuse the charges!!

It does say this though :

 

"Further, even if you were sucessful in your arguments the Bank would have a claim against you for damages suffered as a result of your breach of contract in failing to adhere tothe terms and conditions of the account. Such a claim would incur court costs and interst for which you may be held liable."

 

"However the Bank would like to resolve this matter with you without the disproportionate expense of a court action. I therefore enclose a cheque in the sum of £454.28. This cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this"

 

I'm very happy to recive this, it means that theyre worng, otherwise why would they simply issue cheques! LIARS! Fantastic!

I presume the next step is to ask for the rest back, but I cant find the step by step instructions. Can anyone post a link?

[Michael Browne]

So as not to complicate matters, the easiest thing to do is to return the cheque with a letter of rejection here:

http://www.consumeractiongroup.co.uk...ent-offer.html

 

Step by step here:

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/243-step-step-instructions.html

[eagle.eyes]

Hi Michael

 

Thanks for that.

 

The top link doesnt work. Can you repost?

 

Thanks

 

Ben

[Michael Browne]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[eagle.eyes]

Hi Guys

 

Thanks for that. My letter is ready to go, but I'm a little concerned about two things:

 

1. Do I send the cheque back with my letter?

2. Do I reply to Hilary McGuinness, or as she says in her letter, 'If you are unhappy with the way in which your complaint has been handled or the outcome, you may now refer the complaint to the Financial Ombudsman within six months from the date of this final response letter to you.'

Thanks

 

Ben

[Michael Browne]

Send the cheque to Hilary.

[eagle.eyes]

Hi all

 

I sent the refusal of settlement letter, and recieved a response from Neil McKirdy (Customer Relations Manager). Basically saying that the Bank's position remains unchanged.

 

I am doing the moneyclaim thing, but what address do I use for YB? The Customer Relations one is in Glasgow, and it needs to be in Enlgand or Wales.

Anyone?!?

 

Thanks

 

B

[caro]

Use your local branch address assuming that you are in England.

[eagle.eyes]

Ah!

 

Thanks, will do!

[eagle.eyes]

Hi

 

Ive just been doing the spreadsheet, and noticed that the total amount I'm claiming is less in the spreadsheet, which tells me I've lost some of the statements. Really annoyed with myself. I've kept everything together, and now...!

 

Anyway, would you suggest doing the 'data protection act' letter requesting all the statements. I never did this bit, as I had the originals.

 

Is it worth writing to Neil McKirdy and saying that it appears there may be more charges due to lost statements, and therefore I would like to have all statements in the past 6 years? I'll include the cheque they gave me as part settlement, and the cheque for £10 for the maximum charge.

 

If not McKirdy, then who do I write to get the statements?

 

Ben