My Mum 2 v Yorkshire Bank

[mick7575]

Hi Everyone

 

Fantastic forum, lots of helpful people and great info

 

I am doing this on behalf of my mum who the bank have fleeced over the years, and I want the old dear to have the cash back.

I already have the statements for the past 6 years and after a quick run through the sums are around 2.3k, however I am unsure of which charges to actually include. I have had a good mooch round the forum and still not 100%, so if someone could give a little helping hand that would be great.

 

In the statements the names of the charges are as follows

 

Unauth O/D Fee

Debit Under Advice

Unpaid Loan Charge

Unpaid Chq Chg

Unpaid DD Charge

Charges

Debit Interest

 

I am a little stumped on if I claim on the ones labeled "charges" and "debit interest" In the step by step it doesnt really make reference to those two but, from reading the threads and mention of JMio's and reading that I gather I do include those two charges. Am I right in thinking this?

 

Any input greatly appreciated

[pjdudley69]

Hi Mick, welcome to the site

 

You don't include Debit Under Advice in your schedule [thats' normally if you've authorised a cheque or whatever to go thru - i.e if you cancel your cheques/cards due to theft/loss/whatever, but have a transaction outstanding - the bank usually call/write to ask if you still want it to go thru.

 

Debit Interest is a bit tricky - you can only claim the part of the debit interest which relates to the actual charges, and not your overdraft in general. This can be really difficult to calculate, and it's not always worth bothering with, depending on the amounts.

 

Everything else on your list is fair game - go for it! Just don't expect it to be easy with Yorkshire, as you'll see if you've read any of the other threads in this forum!

 

Best of luck, and just give a yell here in your thread if you've any questions.

 

PJ x

[mick7575]

Hi PJ

 

Thanks for the reply

I havent actually totaled the debit interest but I will and see what the amounts are and then look further into it, I did my scratch my head while reading the JMio thread

 

Thanks alot

 

 

Regards

Mick

[caro]

Hi Mick, welcome to the site

 

You don't include Debit Under Advice in your schedule [thats' normally if you've authorised a cheque or whatever to go thru - i.e if you cancel your cheques/cards due to theft/loss/whatever, but have a transaction outstanding - the bank usually call/write to ask if you still want it to go thru.

 

Debit Interest is a bit tricky - you can only claim the part of the debit interest which relates to the actual charges, and not your overdraft in general. This can be really difficult to calculate, and it's not always worth bothering with, depending on the amounts.

 

Everything else on your list is fair game - go for it! Just don't expect it to be easy with Yorkshire, as you'll see if you've read any of the other threads in this forum!

 

Best of luck, and just give a yell here in your thread if you've any questions.

 

PJ x

 

Sorry to contradict you PJ hun, but I had some debits under advice that I'm claiming for. They let some payments through which I don't think had anything to do with cheques, and I'm sure I didn't lose or have anything stolen, so I have claimed them. Also, I have now had YB's own version of what they charged me and they have included them.

 

The proportion of the debit interest relating to unlawful charges can be calculated using the site spreadsheets. Fill in the amount and the calculation is done for you. It depends on the size of your claim if you think it worth bothering with. Also when you complete your court claim and add on the 8% statutory interest, you can claim interest on the interest you are claiming, and if it goes back a long way that's worth having too.

 

A lot of people seem to be settling lately without accepting interest to avoid a long drawn out delay in getting their money, so YB are still making money out of people by being difficult. I understand why people accept it, but it's just typical YB intimidation and it makes my blood boil that they're getting away with it.

 

I'm holding out for my interest, consoled by the fact that every day payment is delayed, YB will have to pay me a bit more money back when the time comes.

[JulesTools]

Hi Mick I have just posted in Stycks thread about the confusion about interest .If you have any more questions about my reply post it in here and I will try to help.

 

Jules

[mick7575]

thanks caro and jules for explaining things for me

 

Using the spreadsheets the interest comes in at £476 and I dont really see a conclusion before xmas so holding out for the full amount seems the way forward, there is no hurry

[caro]

Quite right Mick. It's money you probably thought you'd never see again anyway and I think people should hold out for as long as it takes to get full settlement. If not we are still allowing the banks to keep control and I believe we should make sure everyone gets their full entitlement, or the banks will continue to manipulate us.

[moss]

I think it's YB's latest tactic, they know they can't win so they try to limit the damage by making it relatively easy to get paid out with no interest etc but difficult and daunting to get the full amount and it must be saving them a fortune and at the end of the day they've still had a free loan, and while it's working they will keep it up.

[mick7575]

Just a little update on this and a little question too

 

I have now recieved my allocation questionnaire and ready to take it from there but, I have a little question that's been niggling me since I started the money claim online and think I may have made a mistake.

How important is only going back 6 years on your claim? My claim is within a 6 year period, ie first and last charge claimed but the start date of the mcol is over the 6 years. The first charge claimed is dated 30/11/00 and I started the claim online in January 07, is this important and have I made a mistake?

[sajabu2003]

You must have sent your prelim letter and L.B.A etc in Nov/Dec 2006 so that would take you back to Nov 2000 You are right in claiming back to then so nothing to worry about. Good luck.

 

Sarah.

[mick7575]

ooh thats correct sarah, so all fine and dandy. I was unsure and it kept niggling me so I thought I would ask

 

thanks alot

 

 

Regards

Mick

[mick7575]

A little update and a couple of more questions, be a shame not to

 

Received yb's AQ today and also an offer from them "Without Prejudice save as to costs" for £1820 including Court costs, no cheque but a notice of discontinuance. Do I write back rejecting this offer or just let the court proceedings continue while ignoring the letter?

 

Also in saffyuks thread she mentions that her statements/schedule of charges weren't attached when she filed her claim, neither did I and I also did not include them with my AQ. Do I need to send a letter to my local court as Michael's reply to saffy with my schedule of charges?

 

Regards

Mick

[caro]

It would be polite to reject the offer in writing, and I would send the bank and the court a copy of your schedule, with a covering letter.

[mick7575]

thanks alot caro, will do

 

Regards

Mick

[mick7575]

A little update on this, and a little question

 

After not hearing anything for a while my case was switched from pontefract to leeds and then again to leeds mercantile on the 28th June, I gather this is a good thing or I hope so anyway. Am I right in thinking that I only need to send a cmi sheet at least 7 days before?

 

Regards

Mick

[caro]

Check the documentation from the court and also the Mercantile sub-forum, but I would think that is right.