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Mollyhannah v Yorkshire Bank - over 6 years ***WON***


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I am trying to get statements for an old account of my husbands with Yorkshire bank. They say they will provide statements going back as far as 2000 under the data protection act but anything earlier than this will be charged at £5.00 per statement. Can they do this?

 

Thanks

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Have a good read around, espiecially the F.A.Qs section. I'm sure you will find that by sending off the Statuatory access request form (S.A.R.) located on the first page letter templates and a £10 cheque you will receive those statements at that cost and no more than that.

 

I'm pretty new on here myself and have just been digesting all the info on here for about a week now so I don't think i'm in a position to give advice out yet but i'm sure one of the senior members will clarify that what I have said is correct.

 

£5 a statement:o the EDIT B**!##?s:mad: , have banks still not heard of the data protection act, they truly are just out to take as much money off us as they possibly can. Where are their morals?:mad:

 

Moderator Note: Edited due to libelous content.

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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They are only obliged to provide statements going back 6 years.

 

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.

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  • 3 weeks later...

Hi, i am claiming back my husbands charges from his old account. We sent the prelim. letter on the 24th and had a reply today. We sent the letter to our local branch and got the reply from our local branch they did not refer it anywhere.

The reply states that they will not be repaying any charges. Halifax and Barclays at least said they would look into it, yorkshire have said no! thats it. Can i send my LBA straight off as they have given me a deffinate answer or do i still have to wait 14 days? and can i still send rest of corespondence to branch as the letter says if i'm not happy take it up with Glasgow but i have read on hear not to use glasgow address when filling in claim as it could effect the amount of money claimed.

 

 

Also only part of the charges are within 6 years the rest are over. Do i include that i am going to invoke s.32 of the limitation Act at the LBA stage or do i wait until court?

 

Thanks

Karen

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Also only part of the charges are within 6 years the rest are over. Do i include that i am going to invoke s.32 of the limitation Act at the LBA stage or do i wait until court?

 

This I am not sure off, sorry but somone should reply to you soon. To my understanding you can only go back 6 years for this first claim.

 

Regarding your LBA. Yes send it off now as they have not replied positively. It must also go to your branch, they will pass it onto head office but you must keep your communication to your branch to keep to English law.

I am a consumer helping other consumers. Together we can and will make a differance. Please double check any information or advise I may give as I like yourself am learning as I go along in life.

1) give a small donation to this site to keep it going because without this forum I would know nothing.

2) Use your experience to help somone else on another thread.

 

Please do not PM me, my mail address is my username at this site address . I will not under any circumstances give out advise or help through mail, only on the open forum, however feel free to mail me to point me towards your thread and general talk etc.

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Thanks for your reply ozzywizard, i thought i should keep it to my local branch.

 

 

Could someone please answer the s.32 question.

Part if not most of my husbands claim goes back further than 6 years. I intend to claim this by invoking s.32(1)(b) of the Limitation Act. Do i inform them of this at the LBA stage or do i wait until the court stage.

 

Thank you

Karen

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  • 3 weeks later...

Hi i am claiming back my husbands charges and am due to file in court today. Some charges are within the 6 years some arn't. We recieved a letter this morning with a cheque for £264.00 this is for 50% of the charges that are within the 6 years. They have said they will not pay any over 6 years and the encashment of the cheque is our acceptance of full and final settlment. What do we do? Do we cash the cheque but write a letter saying we have accepted it in part payment or do we send the cheque back.

 

Also have not seen anyone win with the yorkshire, is there any winners out there.

 

Thank you

Karen

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Hi Karen

 

Yes there are quite a few winners with Yorkshire - there's a section at the top of the Yorkshire Bank forum where all the posts from successful claimants have been moved [i'm included :D]

 

As far as the cheque you've received, I would strongly suggest that you return it to where it came from, along with a strongly worded letter advising that a 50% offer is not good enough and that you will continue with your claim for the full amount.

 

I know some people have received cheques for partial payment in the past, and just kept hold of the cheque, without cashing it, and sending letters saying that they accept as part payment only, but in this case the reason i recommend you send the cheque back is because I've heard that one person received a cheque for part payment and the judge threw the claim out - you do not want that to happen when you've come this far!!

 

PJ x

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.

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hi.

I sent back my cheque cut in two today.

 

with an ammended partial acceptance letter just saying...

 

Thank you for your letter dated x

I respectfully decline your offer of settlement and attach the cheque torn in two, and request, once again, that you return to me all charges imposed on this account, totalling £x.

 

Because you note in your letter that an encashment of this cheque will be taken as an acceptance that the Clydesdale bank has resolved this matter, I have taken the decision to return this cheque on the clear understanding that I will pursue recovery of the full amount, with a Sheriff (county if england) Court claim if necessary.

 

If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest (currently standing at £x as of today – please see attached schedule) plus my costs and without further notice.

 

 

I trust this clarifies my position.

 

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Hi im sorry about this but i have another question. Right from the start i have sent all correspondance to our local branch and they redirected our letters. I am going to file tomorrow and have just seen there is a head office in leeds, should i file my court case to our local branch or use the head office in leeds.

 

Thank you

Karen

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Stick to the branch, and they will no doubt send it to Glasgow where their legal offices are. I suggest that you stick to 6 years for this claim, make sure you get those safely, and then start again for the older ones which may well prove more difficult. They might have grounds to get the claim struck out if you go back further, so be careful.

 

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.

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Hi Caro i'm just wondering why you think it will get thrown out. Before i started this claim i took advice from alanfromderby on the limitation Act s32. This is on a thread called can't seem to get an answer. The Phoenix brought up the point that i might want to do it in 2 parts as it could get thrown out, but alanfromderby advised that it was in his opinion that it would be best kept as one. He said his reason for saying this was that the bank could not go into court and argue one part of the claim. If they wanted to argue limitation they would also have to argue the charges. This is what i put in my claim:

 

Claimant had account with defendant, account number: xxxxxxxx, sort code: xx-xx-xx, conducted on their standard terms and conditions. Claimant is claiming the return of £827.00 taken in charges over 10 years. The defendants charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. they are also invalid under the Unfair (Contracts) Terms Act 1977 s.4. In the event that the charges are not a penalty, they are unreasonable within Supply of Goods and Services Act 1982 s.15.

The defendant has concealed, and continues to conceal that the charges debited are unlawful and has declined justification of charges despite requests. If the defendant truly believes that these charges are lawful, then the claimant contends that the defendant is mistaken and i the claimant paid these believing them to be lawful. As the claimant only became aware in April 2006 that the charges debited were unlawful, then section 32(1)(b), or section 32(1)©, of the Limitation Act 1980 should apply, and the charges are therefore within the primary limitation period.

Claimant claims interest under sec.69 of the County Courts Act 1984 at a rate of 8% a year from 02/01/1997 to 08/02/2001 of £384.73 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.18.

 

It is too late now as i started the claim yesterday i just wondered why you think it could be struck out?

 

Thank you

Karen

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My reason was that the 6 year limit may come into play, and YB are pretty hot on noticing dates, and also pretty hot on applying for claims to be struck out. I know that The_Phoenix and AlanfromDerby have read up a lot on this issue, and both have ground breaking cases in progress. I have read the thread you refer to and notice that Alan actually raised the point that the bank would need to go to court to discuss this, which of course they would probably prefer not to do.

 

As you say, your claim is in now, so let's see what happens. I would have no hesitation in asking Alan or Phoenix for help if YB try to argue with it, and it may be that your case could be very important for others too.

 

If the absolute worst came to the worst, you could amend the claim, but let's see how it goes first.

 

This is going to be interesting and will give YB some headaches!;):D

 

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.

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Thanks for that caro, now i really am worried. I will just write this before i jump off the nearest cliff. lol

Oh well, nothing ventured, nothing gained. I know for a fact they will not be happy about the pre 2000 charges so i have already mentioned s.32 in my poc. All i can do now is see what happens, i will keep you informed of my progress. You mention if the worst comes to the worst i could always amend my claim. At what point could i do that? I f they get the claim struck out that will be it.

Maybe i didnt think this through properly, i hoped they would pay the charges that are within the time limit and then try to get the rest struck out. Maybe we should of just cashed the £264.00 cheque.

I'm not going to mention to my husband just yet that i may have lost him the whole claim.

If you have any advice on divorce let me know. lol

 

Karen

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Sorry Karen I didn't mean to frighten you. If a claim is struck out it is struck out in full, but I think you have covered all bases, and I have no doubt that Alan will advise you further if needed.

 

You did right not cashing the cheque, and no doubt he will be tickled pink when you get more than the £264.00. Let's just wait and see what happens. Trust Alan because he knows his stuff, and we'll hold your hand every step of the way.

 

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.

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Threads merged.

 

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.

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  • 2 weeks later...

Guess what! Yorkshire Bank have made an offer this morning for full and final settlement. They have offered the full amount. I cannot believe it is over already. They did say at first that they would not pay any charges over 6 years old. I wrote back and said i would be relying on sec.32 of the Limitation Act when it goes to court so they would have to pay them anyway. They paid up this morning. So folks don't stop at six years get everything they owe you.

 

Karen

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Have they included court costs and interest?

 

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.

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They havent included interest, but at the end of the day all we were asking was for our bank charges back, including the charges over 6 years. We are happy as we have now got every penny back that we ever gave them, they never charged us any interest. So we are happy to forget the 8% as long as we get our money back.

 

Also not sure how it would have gone in court when we were going soley because of the 8% as they would obviously show the letter which offered all our money back.

 

Maybe this was the wrong thing to do, what would you have done?

 

Karen

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Personally I would have held out as the 8% is statutory interest that the court awards because you have been deprived of the use of your money, in your case for over 6 years. Indeed I have been offered my charges plus court cost 3 times, but won't settle without the interest as I believe that the court will award it to me. YB gave me a hard time and I feel it is a small recompense for what they put me through. The offer letters are intimidatory saying they don't think the courts will want to pay interest because I was in breach. I'm happy for the court to decide.;)

 

Having said that it delays things and you must do what is right for you, so if your happy, that's great. Especially getting over 6 years. Well done.:)

 

This is a significant development so I am making your thread a sticky as it shows that YB have actually paid over 6 years worth of charges. Or at least they will have when you get the money. I'm sure you'll get it, but they still tend to delay right to the bitter end.

 

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.

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  • 3 weeks later...

They said that we had to sign the discontinuation form before they could release the cheque, we told them no chance and we would not do so until the money was cleared in our account. We got the cheque this morning.

 

Good luck to every one else

Have a good christmas

Karen

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