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I'm really worried about my claim. Does anyone have some advice. I asked my bank for the statements and only recieved 2 years, so i have sent them letter stating,that because they have not sent the full statements that I've had to estimate the total owed to me. I have sent the Prelim letter & LBA.

I recieved a response saying that I have operated my account in such a way that I have incurred charges and they may take me to court. Also if they dont hear anything in 8 weeks then they consider the matter closed.

I'm concerned now.. I just dont know whether to give up now.. I dont want to go to court...

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I'm really worried about my claim. Does anyone have some advice. I asked my bank for the statements and only recieved 2 years, so i have sent them letter stating,that because they have not sent the full statements that I've had to estimate the total owed to me. I have sent the Prelim letter & LBA.

I recieved a response saying that I have operated my account in such a way that I have incurred charges and they may take me to court. Also if they dont hear anything in 8 weeks then they consider the matter closed.

I'm concerned now.. I just dont know whether to give up now.. I dont want to go to court...

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Hi Martin, don't worry bout their response, it seems they are just getting worse with there threats - there's no evidence to suggest that your claim will be any different to any other in here, therefore it is highly unlikely that they'll take you to court - more like you'll be taking them [don't worry, they won't turn up anyway!]

 

YB are reknown for their scare tactics, and rely on these to make people back off. Stick to your timescale and follow each step in the FAQ's.

 

We're all in the same boat, or have been - they will pay up, trust me, they do not want to appear in court and prove that their charges are all bull!

 

If you get stuck, or get the jitters again, just give a shout here and someone will be along to put your mind at rest.

 

Hope this helps. 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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Martin,

Did you send off a S.A.R letter and send your £10 cheque?

If so they should supply you with at least the last 6 years worth of statements.

 

If this is the case get onto them and make sure they are aware they have not complied with your request and have to do so.

 

Do not make an estimate of charges that will not be admissable in court etc. and above all

DO NOT GIVE UP THAT MONEY IS RIGHTFULLY YOURS

Dont hesitate to ask for any help

Jules

xxxx

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Hi jules

Thankyou so much for your reply.. Yes I sent the letter requesting the statements and i only recieved 2 yrs worth.. so i sent a prelim letter and a LBA.. but my amounts have been an estimate because I dont have the full statements.. Im not sure what letter to send now, being that you say that I shouldn't make estimates.. And I obviously shouldnt send the court action letter yet..

Oh boy...

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Sorry Martin, it was late when I replied to your post last night, so didn't read it fully! Anyway, here is a link to what you need to do now http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

Hope this helps a little more!

 

PJ xx

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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Does anyone have any advice for me regarding my claim with Yorkshire Bank?

I sent a letter requesting the statements and made my £10 payment. I only recieved 2 yrs worth of statements.. I was advised to calculate the amount owed from the statements and estimate the remaining amount (4 yrs).

I have sent my prelim and LBA letters. I've only recieved one reply from yorkshire bank stating that I have operated the bank in such a way that i have incurred charges and they are not refunding me.

I was advised in the forum that I shouldn't have made any estimates, that I should send a letter requesting the remaining of the statements. So I have requested the statements, and I'm awaiting a reply.

But does that mean that I should start the process again.. ie; send the LBA and PRELIM LETTER again? once I have recieved the statements?

Your help is much appreciated...

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Hi Martin

 

its fine to estimate for the period they haven't supplied statements.

 

you don't need to reissue your prelim and LBA, unless your statements arrive before you issue your court claim and you then have definite figures to work on. In that case if the actual figure is higher I'd suggest an amended LBA giving them a further 7 days before you commence court action. If the figure is lower you won't need to do that.

 

so start your court claim. this might actually prompt them into sending out the actual information if they are going to refute your figures!

 

you don't need to change the wording of the particulars of claim to show that the figures have been estimated but would obviously need to mark the schedule of charges to show which charges have been estimated.

 

once you've started your claim, if you receive the statements and discover that you've underclaimed you can apply to court to amend your claim with a non-reclaimable fee of £35. if you've overclaimed don't worry about amending the claim, just wait until the bank start negotiating with you and accept the lower figure offered. or if it gets to Allocation Questionnaire stage and they're not making any offers to settle, you just write at Other Information (on the AQ form) the fact that you have overestimated, they have now provided the info which has enabled you to recalculate your claim at the lower figure.

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Estimates are not ideal, but I think Bong has advised well on this. YB are not the quickest to pay up so it is probably as well to get the ball rolling.

The Consumer Action Group is a free help site.

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

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...

Bong thank you so much for your reply.. I really appreciate it. Sorry that it has taken me so long to reply to you.

I was told by so many people that I shouldnt have made estimates, that I went ahead and sent a letter requesting my statements again. I have recieved so many letters from YB, except my bloody statements. So I started the process again. Prelim & LBA...

Problem is that I got so confused with the process that I havent continued. Im worried now that I have left it too late. Can I still continue?

Martin

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Would someone be able to advise me what to do if I am trying to claim back money from a couple of accounts from the same bank..

Would I start the process again with different account details. Or could they be put together?

Thankyou for your help in advance..

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Hi Martin.

 

When you send for your account info, include both account numbers, you will get it all in one go then.

Provided the total claim is below £5000 then lump them together, (where you would put the account number in your claim, put both.

If the total comes to over £5000, then you would be better keeping them seperate and therefore in small claims rather than fast-track.

 

Good luck with your claim.

Regards, Rooster.

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Not a problem.

Calculate the charges on each account seperately, then just add the totals.

As easy as that.;)

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  • 4 weeks later...

Just sit back and wait.They will defend ,then you will get a letter from court advising of a transfer of proceedings to your local court.The AQ to fill in and a copy of the banks defence.

 

 

 

 

 

 

 

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