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Flower v. Yorkshire Bank


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Hi

 

I was wondering of you could all help me make my mind up about this.

 

Same old story..............

 

Had statements back, worked out £1563 owing. Letter sent, then 2nd letter. Cheque received for half - £781.50. Returned cheque stating no deal and cheque returned back stating their position was unchanged and feel free to contact their legal department.

 

So my quandry is whether or not to go through with it.

 

Do I need the £781.50 now? Well, it would be nice, but not dire.

 

Full claim with interest is £2002 ish - that would be nicer.

 

YB seem to be the worst bank to deal with - the most aggressive (or should that be arrogant!), bullish, and intimidating.

 

If I take action, from reading previous threads, it will take me 6 months.

 

I have a parachute account open and ready.

 

If I start proceedings and they start playing silly idiots like withdrawing my overdraft without notice, I shall be annoyed.

 

If they close my account without notice, I shall be fuming.

 

If I accept the cheque and go away quietly, I am £1k plus down

 

If I accept the cheque and they still close my account and withdraw my overdraft - I shall be committing myself to the asylum.

 

I read the threads on MSE which give me dutch courage and go through long periods of "lets do it!" "hmmmmmm - 2K! what a nice holiday!"

 

Then I read the more detailed thread on here and I think "you are insane - take the cheque and run - it's £781.50 I thought I had lost forever"

 

I know I should have destroyed the damn cheque - then it would be job done.

 

Please supply dutch courage and tell me its worth it and don't let them win - or tell me I'm ahead and quit now before it gets nasty!

:confused:

Help!

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I have posted below about not knowing what to do. Apart from my current account with them, I also have a Visa card on which I owe about £8k.

 

Can they call the Visa card in if I continue to annoy them by reclaiming my charges on my current account?

 

That is obviously going to factor quite highly in my ultimate decision.

 

Thanks

 

Flower

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No they cannot recall the VISA card in because you are reclaiming your money taken by them for unlawful charges. Welcome to the CAG family, and Good Luck

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Thanks - when I say call in, I mean close the visa and request payment in full.

 

I really want to be crystal clear on this before making my decision - claiming £2k in bank charges is one thing - having them demand 9K on my visa is another!

 

Really appreciate your help and advice.

 

Flower

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Send the Cheque back and go for it. After all you have already started and are a good part of the way there already.You will win in the end,the last thing they want is to step into a court room.Start your MCOL then sit back and wait for an improved offer.and dont forget we are all here to help you.;)

 

 

 

 

 

If I have helped please click the scales bottom left:rolleyes:

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;) If this helps please click the scales bottom left
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Rip it up and send it back....imagine how good you will feel when a cheque for the FULL AMOUNT drops on your doormat!!!!!!!

 

Started 25th Sep 2006 - got cheque on 4th December 2006. Settled without interest but full amount plus court costs :)

A & L Watch out buddy you are next 2007!!!!

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  • 3 years later...

Hi

 

I have today received all the information from the SAR request on my Yorkshire Bank card. My CCA application was enclosed with the bundle of stuff.

 

The CCA has been faxed through to them from microform.

 

The CCA is one of the three fold applications.

 

No prescribed terms on signature page. Am on laptop at the mo so am unable to scan it in.

 

At the delcaration section it states:

 

... bound by Yorkshire Bank Visa card conditions of use (as set out overleaf and in accordance with Condition 10) with which I confirm I had had an adequate opportunity of becoming acquainted before signing this application.

 

They have no provided the overleaf section - as it is one of those tri fold leaflets.

 

So my questions are:

 

Does it still stand that prescribed terms must be within the 4 corners and therefore on the signature page?

 

Is "overleaf" unacceptable?

 

What about the part about having had adequate opportunity of becoming acquainted with terms?

 

The form is identical to the one posted here at #6

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/108282-mtb-yorkshire-visa.html

 

Any thoughts please

 

Flower

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If they haven't provided the complete agreement, including the terms and conditions (the overleaf bit) then how do you know what it actually states on there?

 

the short answer is no, it is not enough, they need to provide you with a copy of the entire agreement so that you may establish whether it is enforceable

Hope this helps

 

 

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Please note: i am not a qualified lawyer, any advice is offered in good faith and is based on my own and others experiences and a penchant for research and a desire to help others to empower themselves

 

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Going through the statements, they have not completely complied with my request either. Account was opened in 1996 but only have statements from 2005?

 

Does this have any implications?

 

xx

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Most of these companies will only supply the last 6 years, thinking that is all they should do to comply, but actually it is not, or so I believe (could be wrong).

 

At the end of the day an Application Form is just that and no more!!

Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Without it sounding silly - do application forms not constitute agreements though - although it says application form it does also say credit agreement?

 

I thought i had read that application forms can be viewed as agreements.

 

What about referring to terms overleaf?

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Subbing to your thread flowers.

 

I have the same thing, posted here in my thread: http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/254316-dealing-marlins-2.html

 

All I got was the front page of the application form; no terms or anything.

Marlins haven't even entered into a dialogue about whether it is correct or not, they just bumped me to Mortimer Clark, so I guess I'll be asking for help on what to do at court next.

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  • 4 months later...

Hi

 

Default Notice received whilst I have been away...... need help checking dates please.

 

Date of Default Notice - 18 October 2010

Date for remedy: 04 Novemnber 2010

 

Only arrears being sought - not full outstanding amount.

 

Envelope is blank and not franked.

 

Date of DN: 18.10.10 (Monday)

 

Date of Service: 20.10.10 (Wednesday)

 

Remedy date: 04.11.10 (Thursday)

 

I get this to only 13 days????

 

All advice appreciated!

 

Thanks in advance.

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Am in a panic now - clear days includes weekends???

 

So DN dated 18.10.10

 

if we take it as second class - date of service is 22.10.10 and 14 days after that is 5th November??

 

Don't suppose the fact that I was out of the country between 18th and the 26th would help would it??

 

xx

Edited by f1owers
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  • 4 months later...

Just going back through my records.

 

I obtained my CCA through a SAR request. I also did a CCA request which was never replied to.

 

On 01.09.10 I wrote to the YB advising them that the account was in dispute due to their failure to reply to my CCA

 

In November 2010 I advised Jeremy Sutcliffe Solicitors that the account was in dispute and enclosed my letter from September 09 to the YB

 

I have received correspondence from the YB advising that there are delays in dealing with my complaint.

 

Now Sutcliffes have issued proceedings.

 

At the moment I am planning on responding to the claim form stating that I intend on defending the claim.

 

As YB have failed to reply to my CCA request, I am thinking of going for CPR disclosure to see what they come forward with - I see on other threads they have then tried to send a different agreement??

 

Any thoughts?

 

TIA

 

xx

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Particulars of Claim:

 

The Claimant's claim is for the sum of £11,783.94 being the balance due in respect of a revolving credit card agreement number xxxxxx.

This agreement is regulated by the Consumer Credit Act 1974

The Defendant has failed to maintain the repayments required under the agreement.

The agreement has been terminated by notice of default.

The Claimants also claim interest subject to S69 CCA 1984 at the rate of .000 per cent per annum from 14.02.11 until judgment, at the daily rate of 0.00

Particulars:

1. Outstanding balance £11783.94

2. Interest .00

3. Costs

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CPR31.14 is a good start.....and it should be tailored to the particulars of the claim so you should request, agreement, default notice, termination notice and statements for the duration of the account - have a read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?241827-Legal-Action-how-to-start-off.-IMPORTANT-IF-YOURE-BEING-SUED(1-Viewing)-nbsp

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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I also notice there is 'card protection' and 'card cover'....!!

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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It seems that you have had 'card protection' for a long time may I assume 15 years worth ? I wonder how much that would be if added together with compounded interest. I am wondering if you could possibly counter claim for the payment protection + charges.....

PLEASE NOTE - I am not a legal expert, what is stated is my own opinion and from what I have learnt from this forum and my own experiences.

 

DEBT COLLECTION LETTER/SAR/AGREEMENT TEMPLATES ARE HERE - http://www.consumeractiongroup.co.uk/forum/content.php?65-legislation

 

IF WE HAVE BEEN HELPFUL -PLEASE, PLEASE, PLEASE GIVE A DONATION TO HELP US TO CONTINUE HELPING YOU

 

I AM HAPPY TO RECEIVE PM's AND I WILL RESPOND IF I FEEL I CAN ASSIST BUT WHEN YOU DO CAN YOU PLEASE PROVIDE A LINK TO YOUR THREAD ON WHICH YOU WOULD LIKE ME TO COMMENT - THANK YOU

 

IMPORTANT - If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.

Before you decide,consider the users here who have already offered help and support.

Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.

If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon.

 

Forum rules - http://www.consumeractiongroup.co.uk/forum/forum-rules-please-read/9-forum-rules-please-read.html

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Hi and many thanks for your reply.

 

Am having a read through CPR 31.14 and 31.15 thread and will adjust to suit.

 

Re the account number showing........ I was going to raise this as my next point. My claim form and all my statements (and the card itself) show a different account number?? How relevant is a different account number??

 

xx

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Thank you - have amended and requested previous to be deleted.

 

Reading through CPR rules now re disclosure. Any thoughts on the discrepancies with account numbers??

x

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