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Alphageek Vs Yorkshire Bank ****WON****


Alphageek
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Hi everyone in the YB group.

 

 

My tale of woe goes like this.

 

 

Cash flow difficulties led to a loan to consolidate my overdraft in to something the bank referred to as more secure (for them I guess), I thought getting the loan would help my cash flow problem go away quickly so I told them to structure the loan over 24 months instead of 36.

 

 

Of course, all the other cards and things started their intimidating tactics, I fell for them and soon found myself overdrawn again and couldn’t pay the high loan repayments.

 

The bank defaulted me on the loan and I ended up with a CCJ and a charge on my house (if only CAG had existed or I had known about it back then). I agreed a reduced monthly payment and, as it happens, have just finished paying off the CCJ.

 

 

I have received a letter telling me I should write to the court to have it marked as satisfied with a copy of the letter and £15.00 which I think is the standard charge. I have not done this yet.

 

 

As I did not defend the default, CCJ or the charging order and it is now paid in full, what do you think my chances are of getting it removed from the CRAs records should I win when I claim back my bank charges?

 

I'll be preparing my S.A.R - (Subject Access Request) and CCA (for YB Credit Cards) soon and sending them off to the Leeds address.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi Alpha

 

Your chances are very good . If you look at the template letters

2. Letter - Preliminary approach for repayment.

3. Letter before action - Consumer version - asking for it back

 

In particular this paragraph

 

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above, I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

Make sure you include that throughout your claim and ask the removal as part of your Particulars of Claim when you submit your

 

4. Particulars of claim - N1 - hard copy version or

5. Money Claim On-Line (MCOL) Particulars of Claim

 

Also look around the threads for other YB claimants , a brilliant thread to read is

YB Have Put a Default on my Credit File! ***WON***

And I`m sure PJ will be more than happy to help you on that ;). Won`t you babe:p.

 

Good luck

 

Jules

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Should I write to the court about marking the CCJ as satisfied as their solicitors suggested?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Also, with a CCJ and defaults on my CRA file, which bank are likely to be sympathetic to me requesting to open an account?

 

Perhaps just a Basic Account is all I could hope for until I get my credit report cleaned up.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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One more thing. Should I treat my YB Credit Card account as a separate case. I am not sure including it with the classic bank account case would be a good idea.

 

Thanks.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi, I can't seem to find the answer to this question.

 

Should I write to the court about marking the CCJ as satisfied as their solicitors suggested?

 

I don't want to jeopardise any future success by making a wrong move at this early stage.

 

My dilemma is this;

  • I do have the CCJ marked as satisfied thus admitting it should have been registered against me.
  • I don't have it marked as satisfied and fall foul of some procedural nonsense at a later date because I have had ample time to apply for it to be satisfied and have left it too long.

If you can offer any advice, I'd be grateful.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I sat for most of last weekend putting all of my statements in date order as I have kept most of them.

 

I have quite a few bank statements missing and I have kept none from the credit card.

 

So I guess it's time to SAR the bank and SAR and CCA their credit card division.

 

Should I also SAR the solicitors who acted for them over defaulting and CCJing the loan account?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Having looked through my statements a little more closely this evening I see the following.

  • I first opened my account in 1995 and had the same number until 2001.
  • I applied for a mortgage with the bank in 2001
  • It triggered something off in their system and I was invited to join their Private and Premium malarkey and was given a new account number.

I am still using this bank account number and I consider this to be the same account that I opened in 1995.

 

Would this be a fair assumption?

 

In 2003 I opened a No 2 account that was, obviously, a different number.

 

There will be penalty charges on all 3 sets of statements. Should I claim them all back under one action?

 

Thanks.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I have printed all documentation to CCA and S.A.R - (Subject Access Request) the bank and the solicitors who were involved with the CCJ / Charging order following the format of the templates on this site. I obviously adapted the SAR to the solicitors somewhat.

 

I am sending a SAR to the solicitors to ensure I am availed of all the pertinent facts.

 

In the absence of advice to the contrary, these are going in the mail in the morning.

 

I was going to wait for my parachute, but having continued to read the stories on this site, I have decided enough is enough and to get on with it.

 

As I am not sure that several glasses of Semillon Chardonnay is the correct fuel for this type of decision making, any and all advice still sought. Thanks. :D

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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I think you are doing ok so far Alphageek. I agree with Jules that you should ask for the default to be removed from the start, especially if the default is for less than the charges. Do not under any circumstances accept any settlement that does not include removal of the default. If that means you go to court, then so be it. Let the judge decide.

 

Do you know if the consolidated loan was made up entirely of charges, or just a proportion of it? Whichever it is, if it was effectively paying for charges, you should claim the interest on it.

 

I don't see any problem with claiming the credit card charges with the bank accounts, but if there were any business accounts, you must claim those separately to personal ones, as they are covered by contract law rather than consumer law.

 

I'm not sure about the CCJ, but I think that the fact you paid it shows you acknowledged it, as you say, but maybe you could investigate the implications of the solicitors advice with the court.

 

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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Thanks Caro. All accounts and the CC were personal.

 

I actually posted the CCA and S.A.R - (Subject Access Request) yesterday. I also sent a SAR to the solicitors. I guess I'll just have to wait and see what comes back now.

 

I have read a bit more on the CCJ issue and it seems that one valid reason for applying to have it set aside is that you did not defend the case at the time.

 

I need to sit down with the statements I already have and work out how much in charges I had paid up to the date I took out the consolidation loan.

 

The loan was used purely to pay off my overdraft, so I guess it hinges on the amount of charges.

 

I'll keep popping my thoughts in here as they come to me and, of course, any updates I get from the bank.

 

Thanks again.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 weeks later...

Received some Visa statements from them today. Looks like they think sending me just the last 6 years worth will satisfy my SAR.

 

No covering letter, compliments slip or anything.

 

Will wait and see what else turns up.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 weeks later...

Received their reply (on the 16th) to my CCA for the account they sent statements for on 8th. I'll scan it and post later tonight.

 

It was dated 14th, so they were over the 12 days permitted, but well within the next 30 before committing an offence.

 

On the 17th I received what I thought was another CC account's set of statements. But, I was wrong.

 

The two sets of prints are the same except they are sorted in reverse (to each other) date order. Trying to confuse me are they?

 

It seems early in 2004, one account number turned in to another. The balance brought forward matches from one account statement to the next.

 

The Application form they sent me in response to my CCA letter has the 1st of these account numbers hand written on it.

 

I can't remember what happened to cause this. Would loosing the original card cause this?

 

And whatever the reason, should they not have a new agreement for the new account number?

 

Right, off to scan the alleged agreement.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Here is the agreement form they sent me.

 

Scan here

 

It's obviously a photocopy of a faxed microfiche retrieval. I have made a pretty good job of scanning this, so you can read it as well as I can :rolleyes:

 

There are also 6 pages of T&Cs if anyone would like to look at them?

 

Any opinions on the application form?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 2 weeks later...

All I have had from the bank is the two copies of partial statements from my CCard account with them. Nothing at all from the solicitors.

 

I don't fancy a few months wait while the ICO do nothing but ask them nicely to comply with the law.

 

DPA Non-compliance LBA in the mail tomorrow to YB and to Sutcliffe.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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  • 5 months later...

Hello (if anyone is still reading this!)

 

Sorry I have been off the grid for ages, I think I was abducted by aliens or something like that biggrin.gif

 

Has the looming OFT Test case given the banks the right to cease processing SAR replies?

 

I have had nothing further from the bank and still nothing at all from the solicitors.

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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The banks still have to comply with the Data Protection Act. I assume that you paid your fee for the SAR, but did you send the LBA for non-compliance?

 

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.

 

I am in danger of letting this thread get out of control if I don't pay attention to it.

 

I have just looked at the SAR non-compliance LBA and it has a royal mail tracking number on it (where I normally put it), but the RM web site does not show it as delivered.

 

Nor do I have the orange counter foil.

 

(I have them for the other letters I sent and they are traceable via the RM web site)

 

So it looks like I have not sent LBA to either the bank or solicitors.

 

Should I just amend the dates and mail them?

The REAL Axis of evil: Banks, Credit Card Companies & Credit Reference Agencies.

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Hi alpha

 

Just poppong having read your other thread to say hi here - and suggest you link this to that so other folk know what's been going in.

Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

If I've been helpful, please click my scales. :-)

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