sococarolyn v Yorkshire Bank

[caro]

If they're both personal accounts it would be best to do them together.

[sococarolyn]

I've done it!! Gulp... I've submitted a claim for three accounts. Still waiting for my 18 years of statements for my own account but have filed a claim for our joint account, hubby's account and his old business account. I presume I just keep checking the moneyback claim site to see how it's progressing?

[caro]

Carolyn, you should claim the business account separately. It is covered by contract law, not consumer law.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

[sococarolyn]

Hi Caro

I have submitted seperate claims for all of them, I decided it would be easier that way. Just hope I get my costs back lol. So will that be OK?

Carolyn

[sococarolyn]

Caro, I didn't state that it was a business account on the claim though, I just put the account number. Will that be ok?

Carolyn

[caro]

As long as you didn't use the standard POC for personal accounts which quotes consumer law it should be fine.

[sococarolyn]

Thanks for the link Caro. I had got confused, I hadn't submited the business claim but I have just done it using your business claims link - thanks very much for that. So now I just wait two weeks and see if I hear anything from the Yorkshire Bank? I'm not sure what happens next, getting a bit confused again

[sococarolyn]

I've filed three claims with the Courts and received the documentation from them acknowledging the claims. Yesterday I got letter from Yorkshire Bank's solicitors offering me a payment of £460 and I have 10 days to mull their offer over! I am claiming for about £1000 plus expenses so it's not even half but I don't relish the prospect of going to Court!

 

They are also late in sending me the statements for my last account. After talking to Caro, I sent off for all 18 years worth of statements and they are now about a week overdue. Do I ring the bank first or go to the ICO? And if I have to go to the ICO does anybody know what to do lol?

 

Carolyn

[sococarolyn]

Can anyone help me here? I have rung the Yorkshire Bank about my statements being overdue from the allowed 40 days. I have requested my banking history from them but they are saying I can only claim for 6 years. They have given me the number of the Customer Relations department but it is constantly engaged...just wondering if anyone knew for sure about claiming the full 18 years I have been with the bank?

Thanks

Carolyn

[dpick]

Can anyone help me here? I have rung the Yorkshire Bank about my statements being overdue from the allowed 40 days. I have requested my banking history from them but they are saying I can only claim for 6 years. They have given me the number of the Customer Relations department but it is constantly engaged...just wondering if anyone knew for sure about claiming the full 18 years I have been with the bank?

Thanks

Carolyn

 

I don't know about statute of limitataions but just think of this as an example you got a loan 12 years ago for 10 years you are now in process of reclaiming charges do they get rid of all info over 6 years old including the CCA. That would mean they would have no proof you signed an agreement no proof of the terms etc, no way are they going to get rid of important documents. I have read threads where SAR for mor than 6 years have been used ok and others where perps have had to go to court and have got the request granted.

 

The company I used to work for kept all records for at least 6 years from account closure and now that they can be recorded onto dvd disk etc they keep records for 10 years

 

dpick:p

[twoofus]

Have a read of the link below, it should help you understand the basis of claiming past 6 years a little.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/76009-yorkshire-bank-limitation-act.html

[sococarolyn]

Thanks twoofus! Wish I'd seen that Whistleblower programme.

Carolyn

[Gogivit]

Hi sococarylyn,

 

Disregard what they told you though it interests me that they said "you can only claim for 6 years" you should request that in writing (via registered post)!

 

My pre 6 year statements are now overdue also by about 3 weeks. That in itself has prompted me to claim contractual interest!

[sococarolyn]

Hi

Have you done anything about it such as contacting the ICO? I keep ringing customer relations at Yorkshire Bank but it is permanently engaged! Think they've taken the phone off the hook! Don't know whether to wait a bit longer or what?

Carolyn

[sococarolyn]

Have eventually received some statements from the Yorkshire Bank but only for the last 6 years even though I applied for my banking history. No attached letter saying there is more to follow or anything! Don't know whether there are more to follow or are they just playing dim?

Carolyn

[Gogivit]

SNAP!

No not playing dim just hoping to drag things out!

 

Immediately write to them hi-lighting their error and point out the fact that others ( I too am in same position as you regarding pre 6 years statements requested and not received) are aware of their stalling practises and that any response with OVERSIGHT is not acceptable!

 

They are getting tougher on us but we as a group need to be even more tougher! Remember to keep proof of deliveries.

[sococarolyn]

Cheers Gogivit, I haven't kept proof of postage up until now though! Just checked with the Post Office that they have received them - gulp. I will write to them tomorrow stating that they owe me another 12 years statements yet!!! See what happens from then eh? Got the letter from them offering me £460 as a one of gesture of goodwill, surely a small proof of guilty actions? Got three claims in already but I so don't want to go to Court. I think their 28 days to file a defence is up on the 3rd July. Haven't heard anything apart from the offer of goodwill.

Carolyn

[Gogivit]

If you told me I owed you £50.00 I would think "what you talking about", the fact these banks offer good will gestures is beyond me!

 

If they feel they owe us nothing then why offer these goodwill gestures?

 

Maybe only coincidental but I received a goodwill offer for £200 on my birthday!

 

Naturally I returned it and pointed out it did not cover general costs for postaage etc let alone the refund of charges in there thousands

 

Please always send letters registered post, is expensive at £3.20 but at least a form of proof you have tried to settle the matter out of court and I assure you without proof they will deny any knowledge!!!!

[sococarolyn]

Victory of sorts Just had three letters from Yorkshire Bank re the three Court claims I had submitted. They have offered me a full refund of the charges plus Court costs but excluding the interest. I am accepting this (coward that I am) but the interest for all three accounts only comes to £102.03. I will gladly sacrifice that rather than prepare my Court bundles and go to Court!

 

On the matter of trying to get banking statements for my 18 year history with the bank, I have sent them a letter by recorded delivery requesting again my statements for my banking history. They have only sent me 6 years worth even though I requested all of them. I am presuming that they have to oblige under the DPA? And am I right in thinking that with the Yorkshire/Clydesdale Bank we can submit a claim for refund of charges throughout our banking history? Any help I would be grateful as the guy I spoke to at customer relations said I could only claim for 6 years.

Thanks in advance

Carolyn

[dpick]

Victory of sorts Just had three letters from Yorkshire Bank re the three Court claims I had submitted. They have offered me a full refund of the charges plus Court costs but excluding the interest. I am accepting this (coward that I am) but the interest for all three accounts only comes to £102.03. I will gladly sacrifice that rather than prepare my Court bundles and go to Court!

 

On the matter of trying to get banking statements for my 18 year history with the bank, I have sent them a letter by recorded delivery requesting again my statements for my banking history. They have only sent me 6 years worth even though I requested all of them. I am presuming that they have to oblige under the Data Protection Act? And am I right in thinking that with the Yorkshire/Clydesdale Bank we can submit a claim for refund of charges throughout our banking history? Any help I would be grateful as the guy I spoke to at customer relations said I could only claim for 6 years.

Thanks in advance

Carolyn

 

Hi Carolyn I do know that other members of CAG have claimed back further than 6 years, I believe I have read a thread back to 1996 that was won. I am in the process of getting all the history and any other documents pertaining to my account from MBNA. They replied to my SAR with "on this occasion we have not treated your subject access request as a full subject access request and returned you your £10 fee (still waiting to see that £10) I sent LBA and received 4 years statements and nothing else. Then received a list of transactions and charges for 2004 to Feb 2007, but no other documents at all. Anyway to cut to the point I have filed at court for none compliance with SAR and they have till 9th July to reply to court. I want another 2 years of transactions, plus transcripts of recorded calls and any manual interventions all documents regarding my account.

So you can take them to court yourself if you continue to get nowhere with them.

 

all the best dpick:p

[sococarolyn]

Thanks for that dpick. I have sent aanother letter informing them that I have statements missing, I opened my account in 1989. I'll see if anything comes of that and if not I'l copy you! Did you use a template for the Court claim?

Carolyn

[dpick]

Thanks for that dpick. I have sent aanother letter informing them that I have statements missing, I opened my account in 1989. I'll see if anything comes of that and if not I'l copy you! Did you use a template for the Court claim?

Carolyn

 

Hi I used this standard template even though they have sent some info they had still not complied with the request.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6971-data-protection-act-non.html

 

Have no problem with you sending PM I can scan the N1 form and email if you want it.

 

Bit of advice you have to enter a monetary amount to allow claim to got through N1 I just put less than £1000 at discretion of the court to cover and court manager passed the N1 OK then.

 

dpick:p

[sococarolyn]

I have just received some more statements going back to 1996. The problem is that my previous statements which I need look like they were in a joint account with my ex husband! Question is, can I still claim this money back from '90 to '96 as this was the time that I was in desperate straights and paid a lot in charges? I remember getting letters saying that my wage was suposed to clear my overdraft! How do I do about finding that account number out though? All I have is the address we were at and the joint names.

 

And how is this for a breach of the DPA Act? Along with my statements was included another statement from some poor woman in London whose account details etc I am now aware of? Do I do anything about that?

 

Any help please

Carolyn

[dpick]

I have just received some more statements going back to 1996. The problem is that my previous statements which I need look like they were in a joint account with my ex husband! Question is, can I still claim this money back from '90 to '96 as this was the time that I was in desperate straights and paid a lot in charges? I remember getting letters saying that my wage was suposed to clear my overdraft! How do I do about finding that account number out though? All I have is the address we were at and the joint names.

 

And how is this for a breach of the Data Protection Act Act? Along with my statements was included another statement from some poor woman in London whose account details etc I am now aware of? Do I do anything about that?

 

Any help please

Carolyn

 

Hi Carolyn definitly a breach of DPA if statements have an address have a look on BT directoty enquiries (online) see if you can find anything and give a ring or write. If you cannot find any thing them ICO and report them for breach DPA

 

dpick:p

[sococarolyn]

I've already looked on BT but the address isn't listed. Only trouble with writing is they may have moved as the statement is from 2002!