MTB v Yorkshire Bank

[alamand]

Hi everyone, I've just received a letter from YB stating that they will not refund my bank charges (£300) because of the terms & conditions of my account. I closed the account in 2003, my questions is, should they send a copy of the T & C's with the SAR request or do i have to CCA them. Can any body help please. I want to send them a letter asking for T & C's and statements going beyond 6 years before I take them to court.

[Gogivit]

Hello alamand,

 

That is a standard letter you received! We all get them. If you have your figure you wish to claim back I would advise you to make an official claim via the courts.

 

T&C's well regarding them my bank advised me they were destroyed! So I am currently in stages asking who and why destroyed them? Though in my favour if are destroyed because one thing I can state to a judge on oath is that penalty fees were mentioned!

[alamand]

Thank you for your reply.

So i send the LBA letter asking for the charges and the T & C's and if they still refuse, then file at court? Or take them straight to court and write asking for T & C's. Sorry i,m asking it's just I've read losts of threads which don't mention T & C's, but the FAQ's say it is important you include T & C's and I don't have those and I can't find if it says the T & C's should be included in the SAR request. I'm worried if I take them to court and I don't have the T & C's, will I lose. This is my first claim for bank charges and I want to get it right.I know it's only £300 but this amount will pay off one of my other debts, so it means a lot me.

Thanks Alamand

[hedgey06]

If their response was in relation to your prelim, you need to send them the LBA giving them another 14 days to respond positively. If it was in response to your LBA - commence court action. Send a letter to them requesting T&C's under CPR Pre-Action Protocol 4.6© - doesn't need to be a long letter - just a request for the T&C's will do!

 

Good luck

[alamand]

Thanks for your quick reply.

I will send the Lba letter and ask for the T&C'S. I appreciate the help, I have been reading that many threads and when the letter arrived this morning I panicked a little cos I couldn't find anybody mentioning letters regarding T&C's and with T&C's being very important.

Once again thanks for the quick reply.

[hedgey06]

My pleasure. Keep posting at all stages - it's better to be safe than sorry! Good luck with the claim