Wages taken + account closed without notice ***SETTLED***

[norvernrob]

Don't panic, I didn't get my account closed because I asked for my money back, this is from 5 years ago. :O)

 

5 years ago I had a current account and a loan with Yorkshire bank. My loan was due one thursday, however I didn't get paid until the friday, so I went down to my branch to pay some money in thursday morning to cover the loan. I had done this before, as my loan didn't come out of my account till after lunchtime. There was a queue, and a member of staff came along asking if anyone was paying money in, if they were just to pop it in the payment box she had to save waiting in the queue. I said I was and explained it was for my loan due out that day. 'no problem' she said, 'it will be paid in straight away'

 

I checked my account the day after, the loan direct debit had been refused and a charge of £32 added to me account. When I rung up the branch and explained what was happened I was told 'the money was paid in too late, it's nothing to do with us now, you'll have to take it up with head office'

 

Obviously I was peeved (I also wish I knew then what I know now!) but I just thought 'sod them' and spent the rest of the loan money. (and it felt good!). This put me 2 months in arrears with my loan.

 

The next payday I went to a cash machine and couldn't get any money out. I rung the bank up, to be told ' your account has been closed' - They had waited until my wages went in (which settled my overdraft), then closed my account, kept my wages and defaulted the loan.

 

I had no notice from the bank that they were going to take my wages or close the account, and i'm 99.9% sure I never received a default notice for my loan.

 

Obviously the first step is a DPA request as I can still recover a year of charges from may 2000-2001 when the account was closed.

 

But is there anything I can do about the default or my wages being taken without notice? Also within the dpa request can I ask for copies of any letters sent to me, just to make 100% sure I didn't receive a notice of default? (I'm as sure as I can be that I didn't!) I didn't think the loan would be defaulted, only being a couple of months behind.

 

Last thing, The bank defaulted my loan in 2001 but I have a CCJ from 2002 for the same loan. Does the 6 years statute of limitations run from the default or the CCJ?

 

Bit of a long post, so Thanks for any help!

[norvernrob]

No replies (think YB forum is a bit of a backwater!) so DPA request posted today anyway. 40 days expires May 31st. Shame I can only claim for a year of charges, but hopefully they charged me a fortune that year.

[dave]

Sorry - the 6 years runs from now. However, you can try and get more info under the DPA - that isn't bound by the limitations act - if they hold personal info, then it's covered.

[Bovvered]

Wow - go get your money back!! I'm not sure about your question re default/CCJ but I would assume you're covered anyway as both occured within the six years.

 

I'm sure someone else with a bit more knowledge on this will come by shortly and answer that for you...(edit: Dave got in just before me)

 

Keep us posted on your progress.

[diddled]

Sorry, but I don't know the answers to your specific questions, but dont think no-one is reading Yorkshire /Clydesdale Bank postings, every move this outfit makes is being closely watched

[mahala]

Experian say that details of defaults are kept on your report for 6 years from the date of the default, even if it is subsequently marked as satisfied by the lender.

 

As CCJs appear on a seperate area of your credit report, I imagine that it will also appear for 6 years from the date of the judgement, so you may well find that your credit report contains both a default notice for the loan and a CCJ notice.

 

not good I know, but I hope it helps.

[norvernrob]

Thanks for that, the good thing is the default will be gone in 12 months, the CCJ in another 12 if they are seperate.

 

Just an update, received a reply to my DPA letter from Aileen (can't remember the surname!) at Clydesdale bank network support, stating they needed my account number to supply the data. I no longer have the account number so I have a reply ready to send tomorrow stating they can find the account using my personal details I have already supplied (I still live in the same house, have the same job, etc), I will supply further identification if needed, and to ring me if there are any further problems.

[Don Quioxte]

Take the opportunity emphasise that they have forty days to comply with your DPA request, and that refers to the original request you mad on 21st April. You need to make it absolutely clear to these muppets from the get go, that you mean business, and that you are not going to go away.

 

I mean how ridiculous, they waste money on writing to you in order to tell you they cannot find your details.. what a waste of resources. Such behaviour just reinforces your position, and akes them look like a bunch cretins.

 

You are making the correct response though. Good.

 

As per your credit file... let's deal with that once you are on route to getting your money back.. you will notice from the prelim letter and Letter Before Action templates that there is scope to request removal of defaults - just to put the pressure on them from the outset.. but I feel in your case it may require a more in depth look at the circumstances.

 

Post when you have received statements.

[norvernrob]

Thanks Don!

[norvernrob]

I have just received a phone call from YB, asking if I could remember which month I closed my account (I didn't close it, they did) as it would help them find my account number and details. He also asked if I could give them a bit of time, to which I quoted the 40 day rule. He said he was aware that they were bound by it, so at least they know that.

 

He then said they only keep details of closed accounts for 5 years, I said they have to be kept for 6 years. He sounded very young and a bit nervous, I wonder if he has had the pleasure of ringing other BAG'ers, hehe. He said they would get on with finding my details, then my statements and would keep me informed.

 

So they are still messing about and haven't even found my account details yet, I am half expecting them to say they can't find a record of them!

 

When will I receive the statements from? the date they received the DPA or the date they actually find my account details? If it's the latter I will probably lose part of my claim as the account was closed in may 2001. I currently will only have a years worth of claims anyway and potentially getting less all the time!

 

Also I assume the same rules apply to my DPA request, even though I have no account details to supply?

[GazzaK]

Rob, if you do lose part of your claim because the bank has missed the DPA deadline you can take them to court for breaching the DPA and claim compensation for the part of the claim you have lost. Gaz

P.S. you are also able to go to court and get the court to order compliance if the deadline has passed.

[norvernrob]

Rob, if you do lose part of your claim because the bank has missed the DPA deadline you can take them to court for breaching the DPA and claim compensation for the part of the claim you have lost. Gaz

P.S. you are also able to go to court and get the court to order compliance if the deadline has passed.

 

They have until 02/06 to supply me with my DPA details, if they don't i'm going in with an estimated claim, breaching the DPA, you name it! If Spiceskulls 6+ year claim goes well i'm having a go at YB for that as well. I reckon they owe me £2k+ that has passed the 6 year limitation!

 

They may get extra time with this claim though, as i'm at the World Cup from 9th-26th June.

[GazzaK]

Hope you enjoy your trip to Germany. Then cum back an give em Hell! Gaz

[norvernrob]

Cheers Gaz, i'll do both!

[norvernrob]

Statements arrived today - 2 days before the deadline, but as I had no account number and the account was closed 5 years ago I'm happy enough.

 

Down to the figures - exactly £300 of charges in the year from april 2000 - 2001 when they closed the account. But the transaction that REALLY got me fuming is this one -

 

Balance - £193.55 o/d

Credit - £201.68

 

Closing debit - £8.13

 

Not only did they take my wages and close my account without any notice whatsoever, they also took the £8.13 I was in credit as a 'closing debit'!!

 

I'm going to enjoy taking every single penny of it back, and I hope it goes to court so I get the 8% on it as well.

[hilaryfrances]

I am almost certain that a bank has no right what so ever to take all your income in one fell swoop. I would have started proceedings when theyt closed your account and kept your salary. Even if they call you ovewrdraft in they have to arrang installments. I would look into this angle as well if I were you Hils

[norvernrob]

Just got back from the World Cup today, (my girlfriend posted me my LBA whilst I was away) A nice letter from YB was waiting for me saying they aren't going to repay the charges. LBA was sent on the 16th so i'll put in a moneyclaim on the 30th. Interest will take the amount from £300 to over £400.

[norvernrob]

On a side note, I also demanded a full explanation of what exactly the £8.13 'closing debit' was for. Suprisingly (yeah right!), there was no mention of this whatsoever in the fob off letter. I'm not bothered, moneyclaim on friday then I hope it goes to court and they can explain there what they took it for. Somehow I doubt i'll get the satisfaction though.

[norvernrob]

Moneyclaim submitted today, claiming £496.68 inc. interest and costs. Claim no. 6QZ43314

[pjdudley69]

Don't forget to PM a mod, Rob, then they can put it in the litigation section with the rest of us. I notice that the claims against YB are coming on now! [and we've got a whole sub forum to ourselves lol]

[norvernrob]

Already pm'd Pj, and yes, it feels better when you know there are a few of us putting claims in against YB at the same time! If anyone claiming needs any help or support on this give me a shout.

[Popeye]

Hi All

 

Hope you can help - I've got something very similar to this ongoing with Lloyds TSB and I'm about to post the prelim letter but I'm unsure about the default para. Obviously I must have defaulted on this because I ended up with a CCJ, so do I just leave the para as it is or do I need to add something about the CCJ as well?

 

Or have I get the wrong end of the stick and I might be able to get the default removed but not be able to do anything about the CCJ?

 

Any help appreciated

 

Bev :?

[norvernrob]

Claim acknowledged on the 10/07. Waiting game now

[pjdudley69]

You'll probably only have a couple of weeks to wait now Rob before you get their poor excuse of a defence - you might get it even sooner cos Kirstie Ross, their Senior Corporate Lawyer, will be getting pretty used the these now [if she'd any sense she'd set up a template ] Let us know when you get it.

[norvernrob]

Yeah, the Acknowledgement is signed by Kirsty Ross. I can't believe they are abusing the court system like this, we know and they know they aren't going to reveal their costs in the courtroom. It's about time the courts put it to a stop.