Jump to content


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5344 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I today recieved Yorkshire bank 's defence to my claim.

It is the usual charges clear blah blah blah!! However one paragraph caught my eye.

 

"It denies that the T&C requiring me to pay the Charges were unfair terms within the meaning of the Unfair Terms in Consumer Contract regulations 1999, S.I. 1999 No 2083 and then states the T&C were fair having regard to the following matters:

 

(a) the cost to the bank of 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."

 

The first part of the paragraph sounds like the normal we are right stuff but the last part is what interested me.

The banks have always stated that these charges are not penalty charges but to me those words " the purpose of keeping the level of overdrawing under review and controlled as far as possible." sounds like a penalty/punishment/fine to me. After all what do they do to keep parking "under review and controlled" they issue parking fines.

 

what do you think am I on the right track?

 

Geoff

Link to post
Share on other sites

Funny you should say that Geoff. I got my defence today [at a guess, I'd say it's probably word for word the same as your defence!], and that exact same paragraph stood out to me too. I interpreted it as them trying to control how far we went overdrawn by penalising us so that we'd 'learn a lesson' so to speak.

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

Link to post
Share on other sites

I read that as the cost of the systems in place to monitor unauthorised overdrafts, bounced cheques etc, otherwise known as overheads. This could apply to automated or manual systems. Spread over the millions or even billions of transactions they check, this is pennies. It seems like the normal claptrap to me. IF it gets to court I suggest you ask for a breakdown of what these things cost them per transaction. Anything over what it costs them is an unlawful penalty.

 

This is the information the banks are bending over backwards to avoid revealing. They are just trying to frighten you into backing down, but stick with it and I think they could well start paying up soon.;)

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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

if they are stupid enought to ask if they can counter claim against you, then say no they cant - just my opinion

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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

Come on Geoff. You can't just say that after nearly 2 months of nothing. Give us the gory details. You have made my day because I was not far behind you in claiming and am still being messed about. Oh and one other thing.

 

CONGRATULATIONS!

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

Link to post
Share on other sites

Nice one geoff - well done.

Soon be your turn Caro

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

Link to post
Share on other sites

Hi i dont know if i am on the right thing here but if anyone can help that will be great. I have just sent yorkshire bank my letter before action and am just about to fill in the claim form to send them, do i have to let any court know or do i just fill in the form on this site and send it to them?

 

Thanks if you can help

Link to post
Share on other sites

Marie,

 

I am a little unsure as to what position you are. If the LBA has just been sent then you should wait 14 days before proceeding. Did you also sned a pre-lim ?

When you say issue a claim, do you mean an MCOL ??

Spanish Holiday Rental - 10% off BAG and CAG Members

www.rent-in-spain.org.uk

 

 

Progress so far:

 

Yorkshire Bank - LBA 26/07/06 £1001.00 - £500.50 offered and rejected

RBS Credit Card - Settled £200.00

Sainsburys - Settled in full £100.00

JD WIlliams - Settled in full £50.00

Argos Card Services - £98 - offered £60 and rejected.

Abbey Mortgages - MCOL 2nd October - Deadline 21st

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

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...