voyager9 vs yorkshire ***WON***

[voyager9]

hi everyone first can i say what a brilliant site!!!!! i have been reading threads for a while and finally decided to take the plunge

 

i sent prelim letter to branch on 23/03/2007 and have had the usual fob off letter today 30/03/2007

 

just a quick question should i now go ahead with lba letter straight away or wait for 14 days to lapse

 

this is the first in a line of banks who i am going to get my charges back and i suppose it will be less worry after the first lol

 

thanks

[voyager9]

hi again just read guide again it advise to wait the 14 days will do that

[voyager9]

should i add overdraft interest to the total , it only amounts to £10.88 but when i add s.69 interest there will be interest on that interest wont there and does it matter that i didnt include it on the prilim letter?

 

should i amend LBA letter in any way ?

[zootscoot]

Hi Voyager,

 

Add the overdraft interest in your LBA but don't add the statutory until you issue your court claim.

 

Best of luck

 

Zoot

[voyager9]

thanks for replying zoot

 

do i need to change wording to reflect why the amount has gon up

thanks

 

could you also look at my other thread

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/78487-voyager-9-bank-scotland.html#post689474

 

thanks again

[Bigmac versus]

No change required, your amount of claim can be added to up to the date you file at court, will have a look in link.

[voyager9]

thanks bigmac

[voyager9]

ok just had this letter another fob off

 

i note this was sent to arrive today giving them another 4 days stalling however didnt work because i anticipated this and sent lba early so they still have to comply within my termsof 14 days lol :grin:

 

heres the letter see what you all think

 

Dear voyager9

 

Re: Charges Complaint not a complaint a request

 

I refer to your recent letter. I note from your letter that you feel excessive charges were applied to your bank account during recent years.

During this time, the relationship between you and the Bank was governed by the Bank's standard terms and conditions. Those terms and conditions provided that:

 

 

(1) Free banking is available while your account remains in credit or within an agreed overdraft limit.

(whats that got to do with it)

1. You must obtain the Bank's agreement before overdrawing on your account. (not disputing that)
   
2. If the Bank made payments from the Account or paid cheques which were guaranteed by the associated cheque guarantee card when there were insufficient funds available, any overdraft created or any overdraft which exceeded an agreed overdraft limit would be unauthorised. (didnt have a cheque card so doesnt apply)
   
3. If you drew cheques or authorised or made payments without sufficient money available in your account, taking account of any overdraft limit and allowing for uncleared cheques, the Bank might return the payments and make a charge for doing so. (might and at least there admitting there charges)
   
4. Charges and interest applicable to the Account were published in the form of tariffs and up-to-date tariffs were available in branches and from time to time enclosed with bank statements. (didnt say you would [edit] blind though did they)

1. 
   
2. Where appropriate, written details of overdraft charges and debit interest incurred on the account during the previous charging period (i.e., the previous month) would be sent to you at least 14 days before the charges and interest were deducted from your account. (how kind give us 14 days notice to be [edit] how nice)
   
3. If the account had an unauthorised overdraft, additional charges might be levied which would be debited to the account on the day on which the unauthorised overdraft was created. (? give us notice then [edit] us anyway)
   
4. If the Bank increased a charge for a basic account service, the Bank would give you at least 30 days' notice. (what that got to do with it)

I would note that the Terms and Conditions complied with all relevant requirements of the Banking Code. You are responsible for the running of your account, and for ensuring that sufficient funds are in your account to meet the standing orders, direct debits and cheques which you have created or drawn on the account. As stated in the Terms and Conditions governing your account with the Bank, you are aware that charges will be incurred if insufficient funds are in your account on the dates the payments you have instructed are debited. The charges applied to your account were applied in accordance with the Terms and Conditions, as a result of your operation of the account.

Further, the terms and conditions were fair having regard to the following matters:

1. The cost to the Bank of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible.
   
2. The increased risk of loss to the Bank arising from such unauthorised transactions and the associated cost of enforcement and recovery systems.
   
3. The need to operate standard procedures and to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case.

( they are admitting its all done on a system surely this can be used in the AQ for them to disclose how much it actually costs)

 

Taking all of the above into account and having regard to the information that you have given, I am not prepared to refund the charges on your account. (suprise suprise in other words we dont know whether you will give up becuase of the fob offs yet so please bare with us untill we know you wont back down lol)

 

If we do not receive a response from you within eight weeks of the date of this letter, your complaint will be considered closed. (bet your bottom dollar you`ll have a response matey!!)

 

If you have any additional information that you wish to provide please do not hesitate to write to us at the Advice Quality Unit — Charges Section,

Yours sincerely

 

Advice Quality Unit — Charges Section

 

 

at least they cant deny there charges lol:grin:

[voyager9]

right am filing n1 tommorrow

i question if anyone can answer i have put "yorkshire bank" as the defendant will this be ok or not

[Bigmac versus]

That will be fine.

[voyager9]

hi

there isnt much i can tell you have a look in the following thread you should find what you need there

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

 

i havent had problems like you yet! but no doubt will

 

also have you started your own thread you may get more help

 

also make sure you read faq`s

 

hope this helps voyager

[voyager9]

well everyone i have filed papers at court today so here we go

[voyager9]

yes i have now had to do the same with my bank of scotland sar request lba went out yesterday so will wait on that one to see if it produces results.

 

with this claim i am still waiting to be told by court papers have been served.

[voyager9]

i have received notice of issue from court today

deemed served 25th april and they have untill 11th may to acknowledge.

[PitmanTheBRAIN]

Good luck voyager!! still waiting for my charges to come through!! thats 48 days since my DPA Letter!! and im told now that im going to have to wait another 3 weeks!!! then i will be demanding my money in court!! xx hope it all goes well x

[Bigmac versus]

Another hurdle out the way.

[voyager9]

still not acknowledged hope they forget lol but then again i wouldnt be that lucky lol only 3 days left tic toc tic toc then again i might get our friendly judge from newark/lincoln lol naw now that would be too lucky for me lol:D

[voyager9]

well they have acknowledged they now have untill 25th may to file defence! i can stll hope for our friendly judge lol

[PitmanTheBRAIN]

hey guys!!! EVENTUALLY!!! i have recieved my statements/charges!!! whoopie!!! it totaled up to £1642.54, whats my nest step now?? send them another prelum letter x im in scotland!! help me!! xx he he he xx

 

Caroline xx x

[mooch]

Hello everyone, (first post ever) I've finally got my statements from yorkshire bank after starting on 7th dec 06. I've read alot of the site and posts which has thrown up a couple of points I'm not sure about.

Some say claim for the three monthly overdraft fee (charges)where you stay within a certain overdraft limit and others say not to.

The other is debit interest,am I right in thinking this is interest paid on the overdraft and should not be claimed for. thxs.

[voyager9]

hi mooch and welcome i am afraid i am not too well up on that because i am not going after that my best advice would be to start a thread you will probably get more help that way and read faq`s again and again

sorry i cant be more help on this one

 

hi pitman well done your nearly there i am not versed up on scottish procedure as i am in england sorry mate

[Shumba]

hey guys!!! EVENTUALLY!!! i have recieved my statements/charges!!! whoopie!!! it totaled up to £1642.54, whats my nest step now?? send them another prelum letter x im in scotland!! help me!! xx he he he xx

 

Caroline xx x

Good to hear you eventually got them Caroline. Best thing to do now is start a thread for your claim and folk can advise you about each step on that. That way it gives you an easy reference point.

[PitmanTheBRAIN]

i do have my own thread ''waiting for statements from clydesdale'' theres been alot of helpfull comments, you should have a nozey xx

[voyager9]

still no defense received, tommorow is last day so keep your fingers and toes crossed for me:D

[voyager9]

in fact had no contact or offers from them whatsoever think they`ve forgotten about me lol