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Hi, I am new to this site and just starting out on my journey to get my money back. I have received my copy statements for the past six years from the bank. I have charges under the headings Charges, Unauth O/D Fee, Debit Under Advice, Unpaid DD Charge and Unpaid Chq Charge. Can you tell me please which of these charges I can claim back and which of them I can apply the 8% interest to.

 

Many Thanks.

 

LizzyBee

To Love & Be Loved Is The Essence Of Life

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Well, here goes. Have just sealed the envelope containing LBA's for two seperate accounts which I will be posting recorded delivery tomorrow. As all previous mail regarding my claim has come from Neil McKirdy I have addressed it to him direct.

 

Amounts claimed: Acc. 1. £13,118.61 + 8% = £15,881.17

Acc. 2. £2,720.48 + 8% = £3,036.22.

 

I was feeling almost suicidal about these charges but reading all the posts on here has inspired me to go for it. I will keep you posted on my progress.

To Love & Be Loved Is The Essence Of Life

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Hi Lizzy, way to go!!!! Just make sure that when you file your claim [which is more than likely going to be needed with this shower] that you use an address in England, whether it be your branch or the Leeds HO address, to make sure it comes under the English Courts, and not Scottish.

 

 

By the way, I've just noticed from your other thread http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/61346-what-claim.html that you've just received your statements - you have done the preliminary letter before the LBA haven't you? Just double checking because you really do need to send that before you can send an LBA, and for such a large claim we want to make sure you get it 100% spot on :)

 

PJ

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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Thanks PJ, yes I did the prelim and got the usual letter back. I then requested my copy statements and did all the calculations.

 

As you said it is a large amount so I was wondering about how to handle the sum on Account 1. Am I right in saying that there is an upper limit of £5K in the small claims.

 

Would appreciate any help.

To Love & Be Loved Is The Essence Of Life

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yes you're right about the 5K limit, i think you'll need to split it into 3 seperate claims, doing the earlier charges - I'm not 100% sure tho' as mine were no were near that amount lol. I'm sure someone will be along soon to clarify this.

 

PJ

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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Thanks PJ as you said someone will clarify this I am sure.

 

I know I am being a bit paranoid but I wondered what happens if you claim for something on your schedule that is not refundable. As you will guess from the amount I am claiming I have suffered long and hard with this bank. I triple checked the charges I am claiming but have been thinking would an error invalidate my claim and would they wait until the last minute to tell me so. Do you think they check each charge on the schedule?

 

Also as I stated I have sent the LBA's to Glasgow, will it be ok to change the address to Leeds when (notice I didn't say IF) i go to small claims.

 

Would appreciate any comments of info. Thanx.

To Love & Be Loved Is The Essence Of Life

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Hi Lizzy. I see we are something like neighbours. I addressed all my correspondence and my claim to the Leamington Spa branch where I held my account, and last Friday got my full settlement so please be assured, it can be done. I have merged all your threads as it makes it easier to follow your progress.

 

Regarding the business account, people have had successful claims for charges on business accounts, but the legal basis for these is different. I only recall one business claim against YB but have just posted a sticky to try and find out if there have been others. Certainly there have been successful claims by businesses against other banks, but I don't recall any against YB - YET! It will happen.

 

YB did check my schedule of charges and found about a pound difference, plus they didn't include the proportion of the overdraft interest relating to my charges, so they never did actually agree the amount, but I was prepared to go to court to let the judge decide who was right. Strangely YB decided to pay based on what I was claiming before that happened, so it wasn't really an issue.

 

Can you confirm if all these charges occurred in the last 6 years, and if they are both personal accounts.

 

We used to advise people to keep their claims under 5k to keep in small claims to avoid costs if there happened to be a problem. As time has gone on it has become apparent that the banks aren't allowing the claims to get to court however large the claim, so although you might be liable to costs if you lost the case, the risk of this getting to court is really negligible. It is up to you if you are prepared to take that small risk.

 

When deciding whether or not to split your claim, it might be worth remembering that YB do like to drag these claims out. It took over 7 months to settle my own case from the date I did my court claim until I got my cheque. To be fair, other people started after me and settled earlier, but none are really quick.

 

I hope some of this helps.

 

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, it looks like we are not only neighbours, we both burn the midnight oil as well! Thank you so much for the reply. Account 1 is my own personal account. Account 2 is my friends Business Account. In the early stages I was able to tackle both accounts at the same time. It looks like now I will have to deal with them at a different pace. I have ordered the Small Claims Lawpack from this site in order to continue with my personal claim. Want to make sure I get all the form filling right before puting it into court. As far as my friends business account is concerned as I have mentioned in other posts I am not really sure where to go from here. I sent the LBA and had a letter stating that as it was a business account the charges were not reclaimable. Do I proceed with taking them to court or should I try to compose a letter telling them why I can and give them another seven days? Would appreciate your opinion.

To Love & Be Loved Is The Essence Of Life

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Hi again Caro. Just a note to say that I picked up your comments on the other thread and will be watching Booth v Yorkshire bank with interest. Will keepthis thread going for my personal account and start a new one for the business account when I decide how to proceed.

 

Thanks again for your help - my confidence is growing by the minute!

To Love & Be Loved Is The Essence Of Life

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