Kimbers v Yorkshire Bank

[kimbers100]

Hi to everyone - I am new here.

 

I have received my first correspondance from the Yorkshire Bank confirming receipt of the £10 fee.

 

They state that they have 40 days from the date the fee was paid and will forward the information they hold in due course.

 

They are saying that if I have requested any information relating to manual intervention they are not obliged to supply it as the Data Protection Act does not mention it.

 

I am unsure of what this means exactly, but fell sure they are trying to wriggle out of something.

[Shumba]

Hi Kimbers,

 

This is a standard reply so no need to worry. Check out some of the of the other threads and you'll get a rough idea what to expect along the way. Good luck with the claim! I'll keep an eye out for you as we are at the same stage.

 

Shumba

[kimbers100]

Hi Shumba

 

It's good to know someone will be with me along the way.

 

I am claiming against YB bank account and YB Credit Card and my other half's Halifax bank account.

 

To be truthful I am finding it quite daunting, there is so much to read and I keep getting sidetracked as everything is so fascinating.

 

I am sure it will fall into place though, especially as there is so much help around.

 

I am hoping to go back more than 6 years with my account - need to read up a lot more though.

 

Nice to hear from you anyway, and good luck.

[kimbers100]

Hi all,

 

Had this letter from the bank today, and they included statements for my credit card from 2002 to present.

 

"Your statements have been requested from 2 different areas of the bank. 1 of these sets contains statements from July 2005 to the present and the other set contains statements from prior to July 2005. If you have only received one of these sets, the remaining one will follow shortly.

 

If you require any additional information please contact your branch.

 

Advice Quality Unit - Charges Section."

 

What I need to know now is, am I right in thinking I can claim back all of the charges going back to when the accounts were open?

 

And if so, is there a template or has anyone written back to them to ask for statements going back further than this?

[sajabu2003]

You can claim back further than 6 years. If you used the letter template from this site then it doesn't state 6 years so you can tell them you want all your statements from when the account was first opened or as far back as they hold them

 

Sarah.

[kimbers100]

Thanks for your reply. I know about claiming past 6 years and have used the template from this site, I just don't know when I had the C Card from as they have sent me from Aug 2002 and I want to make sure I didnt have it before then.

 

As it's a closed account now they wont tell me over the phone the account opening date.

[kimbers100]

Well I think I have made a cock up.

 

I am not sure if I sent the Preliminary letter after receiving my statements or went straight to the LBA.

 

Can someone advise me what to do in this situation as I have received a letter today saying thanks you, please be patient and they will be in touch (even though it's now 14 days since the last letter)

 

I know they try it on but am worried that due to me possibly sending the wrong letter and the fact that I missed off the a/c no. for one of the two cards with them on the 2nd letter and list of charges, I have messed up.

 

I apologise for wasting time here, but I have read and read and DO understand, I can't believe I may have done this.

 

Thanks

[kimbers100]

Here's what I did so far:

 

1. Sent SAR request for credit card

 

2. Received statements

 

3. Sent LBA and schedule (then realised I should have sent Prelim letter asking for repayment) Does this matter???

 

4. Got reply stating Terms and Conditions and that they have considered my request and cannot refund the charges on this occasion.) I know this is them trying it on.

 

5. Do I now progress to Moneyclaim and start court action?

 

I know it is bad form on here to ask obvious questions, but I just do not have the confidence to go any further without someone clarifying the above. )

 

Please help

 

Thanks

 

Kimbers

[sajabu2003]

3. Sent LBA and schedule (then realised I should have sent Prelim letter asking for repayment) Does this matter???

 

Yes it does matter! I suggest that it might be useful if you take a read of this thread... Example Step-By-Step Instructions Then you will know exactly what you should be doing at each step.

 

Sarah.

[kimbers100]

Thanks for the reply.

 

The problem lies in having read and read and understood, but by a silly error on my part sending the LBA instead of the prelim.

 

Do you know either what to do now or who can help me please, seeing as the bank have replied saying they will not refund me, which I thought was just a delay tactic on their part.?

 

Thanks again.

[sajabu2003]

I'm not 100% sure what you should do but I would personally start again and send them the prelim letter. You don't want to take this to court and have them request that your claim is struck out because you haven't followed procedures properly. I really wouldn't give them any excuse as they will jump on it. If anyone with more knowledge can suggest anything else then I'm sure they will

 

Sarah.

[kimbers100]

Shall I just send the prelim letter as though this never happened then?

 

I really appreciate your advice. I cannot believe I made this mistake. I spent so much time reading and think I have clicked on the wrong template, assumed it was the prelim and sent it.

 

I dont mind the hold up so long as I get it right.

 

Thanks

[sajabu2003]

Yeah just start again and send them the prelim letter Better to get it right at the start than fall down nearer the end.

[kimbers100]

I have printed off the prelim letter and schedule of charges ready to mail later today.

 

Thanks you so much.

 

Are you going after the YB too? How's it going?

[sajabu2003]

You're very welcome.

 

Yeah I'm claiming against YB and my court date is in 8 days Still waiting for some kind of response from them though as I'm starting to think I died and nobody has told me yet lol

 

Good luck with your claim.

 

Sarah.

[kimbers100]

I have just read in it's entirity your thread and want to wish you all the best for the 7th June.

 

You seem to have worked flat out on this and I will hopefully be following in your footsteps.

 

I too hadn't realised how long a process it was, but seeing your thread and all the support you guys give each other is reassuring.

 

I will update my thread as soon as I hear.

 

One more question if I may though.

 

When I started all of this I went for my credit card and bank account seperately which I now realise I could have done at once (both YB)

 

But, the credit card statements came through seperate so I have continued separately as the bank statements have still not appeared.

 

Will this be ok?

 

Thanks

[kimbers100]

Just to update and ask some advice really.....

 

When I started trying to reclaim my charges I went after the YB bank account and the YB credit card separately.

 

The bank has responded separately and I am at two different stages with my claims.

 

The YB credit card sent statements straight away and I got to LBA stage then realised I hadnt sent Prelim request for repayment, so have sent that now and am waiting.

 

The YB bank account has and still is stalling with my statements, despite sending the LBA for failing to comply with the SAR I sent on 15th April.

 

Am I ok to carry on pursuing these separately? Will it cause me problems?

 

The YB bank account have sent a response to my LBA saying I will have my statements by mid-June. What do I send next as i know I don't have to wait for them but have got confused.

 

Thanks

[debt_mountain]

It won't cause you problems other than having to pay the court fees twice, which they will refund.

 

It could go in your favour as you will learn stuff between case 1 and case 2.

 

Go get em!!

[kimbers100]

I am hoping I learn lots as the credit card is only a small amount and the bank account goes back 16 years so will be more complex I imagine.

 

Still unsure of what to do next with the bank accounts as they have not sent my statements despite the LBA.

 

I will go get 'em as soon as I am sure how.

 

Thanks for the advice.

[kimbers100]

Hello.

 

Can anyone help me please?

 

For unavoidable reasons I have had to take a break away from reclaiming my bank charges and wondered how to come back to it.

 

I am pursuing three acoounts.

 

1. My YB Credit Card - I have had all my statements back and got to the LBA stage and got no reply. I then took no further action after the 7 days.

 

2. My YB bank account - had statements up to 6 years and was about to send a letter asking for further back. I havent done anything else with this yet.

 

3. My other half's Halifax Bank account - they sent him a list of dates, each with a sum of money printed next to it (no explanation of what the charge was) and a letter saying they have decided not to charge the fee.

 

Does anyone know if I can go back to these accounts after leaving it so long and what are people's thoughts on getting someone else to pursue these for me for a fee?

 

I do not feel I can cope doing it myself as it is getting put on the back burner when other stuff gets in the way.

 

I have also not visited the site for awhile and have just read about the test case (briefly).

 

How will this affect in easy-to-understand terms?

 

Thanks