no chance from Yorkshire bank

[chrisking1962]

Hi all,

got a reply from Yorkshire Bank to say the usual that after looking won't refund any charges, I knew this was coming as the account has been closed for nearly 5 years.:o

But the annoying thing is they have banked the £10 fee and NOT supplied me with the SAR I requested.

I have a few statements from when I had the account opened and I have managed to average the charges taken from the statements I have, by totaling the charges and then dividing it by the statements I hold and then multiplying it by the statements I would have if Yorkshire Bank had the decency to send to me.

I am now in the process of putting these monthly figures into the interest calculator on the monthly basis.

I realise the figure will probably take it over the £5k amount:rolleyes: , but will plumb for a little less to keep costs down.

I ahve sent the prelimanary letter and i am waiting a couple of more days to respond with my LBA with the non-conformancy template i have printed off.

Question is, do I put the Amount in I am claiming on the letter and inform the Yorkshire Bank that this is an average figure due to non supply of my SAR, as this would more than likely alter when it gets to court, as this is also beyond the 6 year thingy, or do I just send the threat of legal action pending the receipt of my SAR.

regards

chris

[twoofus]

I personnally would wait for my statements and get the true figure but I have read of people estimating, its just I'd rather know exactley what they owed me.

 

Has the 40 days already expired? Have you sent them an LBA for your S.A.R stuff?

[chrisking1962]

yes the 40 days have long gone

and to be honest, because I am currently battling Abbey (already paid £1035 back in individual charges as part payment but told them if not accepted as part payment to take back) and battling Nationwide, I'm not at home with all my paperwork, so can't remember what stage I am at with Yorkshire as to LBA gone or LBA with Non-Conformance letter (I Think) so will keep you posted.

Regards

chrisking1962

[Bigmac versus]

Hi chrisking1962 you need those statements as any estimated amount that is brought into a court room would not hold up.

[chrisking1962]

thanks BM,

I will hold out for a little while as I have a bigger fish to catch with Abbey, and can wait a little with the Yorkshire as it is an old closed account and don't feel too much worry about this. Trouble when you work shifts, you don't get chance to reply straight away. keep getting called to breakdowns, but keeps me going through these long summer nights oop's sorry I missed it that was a week last thursday:D.

I do hope they hurry up with my statements, but if they don't can I still claim for what I have got and add the interest as per the calculations on the site.

regards

chris

[Bigmac versus]

Breakdowns?

Yes you can claim what is on the statements and you only add interest of 8% if it proceeds to any court action.

[chrisking1962]

sorry bigmac, I maen I am a maintenance engineer and "Breakdowns" are machine?production stop's for faults etc (usually operator error:D )

any way back to my problem, if i have not received ANY SAR from Yorkshire Bank, do I still wait, or do I go to court for what I have history of and when I eventually get my SAR and relevent statements per say, do I then go for a second claim.

And also do I inform the Yorkshire Bank that I have sent my claim into the courts, or doews the courts notify the bank?

I am ready to go to court for the 1st stages of the claim for just over £1k and follow on at a later date for the rest on a seperate claim, as I am doing with Abbey 6 years calim 1st, then on pay out go for beyond 6 years from the opening of my account as i have almost all their statements from opening.

Sorry if there are too many questions but I could do with some guidence on this as I don't want to wait too long as I started my claim with Yorkshire Bank back in April and I have already sent my LBA due to exceed its time limit in a couple of days then I go to the court.

regartds

chris

[Bigmac versus]

Hi Chris basically if you want to go to court for the statements you currently have then that is your choice. As it is against YB i would wait for all statements before commencing any legal action(unless you have the last six years and are awaiting older statements) to avoid any possibility of them defending any second actions. Any claim you raise you must be able to show the transactions where the money was taken so you cant claim for earlier until you get the statements.

[Gogivit]

Hello chrisking1962,

 

If I can inspire you, I waited ages for my pre 6 year statements and when I eventually received them (or so I thought) they were not what was ordered! However I then responded with a letter threatening court action and set a 7 day deadline to receive the goods or else... Well I received them within couple of days after my deadline.

 

It is advisable not to sommence legal action until you have the facts. So be patient.

[chrisking1962]

thanks for that bigmac & Gogivit,

I have'nt received any statements from them yet, but only a complete 'Get Lost' letter, so I think I will send a letter demanding them within 7 day's as you did Gogivit, and threaten them with legalaction regarding non-compliance to the SAR. and I know there's a template in the libraries for this so, here we go again.

regards

chris

[chrisking1962]

Sorry Bigmac, I replied without really finishing my post, as you quoted: "Any claim you raise you must be able to show the transactions where the money was taken"

I would have claimed for the months stated on my statements and no others, as you say, I don't have the evidence for these only average amounts as I have stated in my posts 'chrisking1962 v yorkshire bank' but through both your advice and Gogivit I will hold back from taking this route for the time being.

best regards

chris

[Bigmac versus]

Best foot forward i say and you dont want problems at such an early stage.

[chrisking1962]

thanks for the advice again Bigmac,

I have found the non-compliance letter and printed it to send in the morning recorded delivery of course as per all my others, Oh and I've got the receipts as well. can I add interest on postage:D

keep you posted,a nd if I get an offer do I come back to the thread as per the Yorkshire bank Hull thingy as asked?

I know the ultimate descision is mine as I havent really thought about these charges as they are from a closed account and well it would be an early christmas prezzie or I can finish off my extention at last!:o

best regards

chris

[chrisking1962]

Breakdowns?

Yes you can claim what is on the statements and you only add interest of 8% if it proceeds to any court action.

 

Hi Bigmac,

just aquick question on your quote above, when you say 'proceeds to court action' do you mean this goes on the N1 form at 1st application or when the court issues a dte for the hearing?

sorry if it is old ground but I'm not very good on the site, although I read a lot and remember seeing snippets in posts, but I've read so many it gets hard to remember where or which post I saw certain things on which would remind me, and have only got history of posts I have posted or replied on.:-|

regards once again

chris

[Bigmac versus]

On your N1 not before.

[chrisking1962]

thankyou for that bigmac, I'll wait for my statements as I sent my letter regarding non-compliance of my SAR and that I would seek a court order as Gogivit did.

Will let you Know how things progress when I haer anything.

regards

chris

[Bigmac versus]

Ok will watch for update.

[chrisking1962]

thanks for the support Bigmac and I may come back regarding the court bundle because from what I have read so far on some threads it looks too complicated to digest at the moment! but I'll just keep reading till it makes sense.

regards

chris

[chrisking1962]

just an update really, went to the court today to hand over my N1 form for nationwide (different post I know) and enquired about possible court action against Yorkshire Bank regarding non-compliance with my SAR and they advised if I was to average as I thought about earlier as a lot of people are doing this now due to YB being the worst offenders for not complying with the SAR especially for accounts over 6 years old,and the judges are now looking favourably at these claims. A bit wary so will give them a couple more days after I contact them before I inform them I am claiming on an average monthly amount based on the statements I have!!!

Only thing is, as the account was opened in October 1994 and closed in December 2001 there is almost as much s69 interest as there is in charges!

any advice on this?

regards

chris:confused:

[Gogivit]

Hello chrissking1962,

 

Again I would suggest you wait, as now that I am in receipt of my statements (1993 to 2000 period) the charges were structured more different and far less (though still excessive) than they were post 2000 so you going to court claiming a figure that is then way out will jeapordise your claim!

 

I am now in the position to decide if I claim the 8% interest or contractual interest for the period 1993 t0 2007!

 

But I am currently hanging out for just 1 more document...

[chrisking1962]

Hi Gogivit,

just call me chris:p

thankyou for the advice, I have every intention of holding out until I receive them as theystart in 94 and finish in 2001, so its beyond 6yrs anyway.

And as for the old style of charges most of mine were for going overdrawn and they were initialy for £4 PER DAY and usually amounted to £35 - £40 per month and because I was paid at the end of the month it mounted up over the time I held the account.

I am sort of hoping it is'nt over the £5k mark (although I think it will be if you use the complex calc system).

Anyway, how long have you had to wait for the info as I 1st requested mine in April, and have gone to the LBA stage but after that I got the 'No-Chance' letter from them, thats when I threatened court action to retreive the SAR and since then they have said it will arrive when they get around to it. Poor things must be run off their feet.

Anyway, I am going to ring them on Thursday (off day shift onto nights) so will have a little bit more time to talk!

let us know how you get on won't you, and I will always take advice about walking before running! lol

reagards as always

chris

[chrisking1962]

update,

Rang the YB on their dedicated phoneline today regarding the delay of my SAR and guess what it is only an update line:confused: , which really only speaks the words written on the letter sent out. What help is that. And 'WHERE'S MY SAR'

Disgusting:mad:

anyway, plenty of time to wait, I am getting tempted to average and send it into the courts and gamble, but a little longer will be OK!!!

regards

chris:D

[chrisking1962]

Hi all, just an update

Got a letter from YB today quoting the OFT test case and that they won't look into my complaint about the charges but will store it etc untilafter the ruling whenever that is. Guess what YB my S.A.R - (Subject Access Request) is over 100days old now and it is'nt a new case it is ongoing so I want my SAR seen as though you have kindly banked my £10 on or around the 9th May, so I think you owe me my SAR.

Oh do you think I should add compound interest onto the £10:wink: as it could be deemed as a personal loan for a product (S.A.R - (Subject Access Request)) which the seller (Yorkshire Bank) as not supplied me with the goods (Statements) as they promised?:grin:

They have also advised me not to put a Court claim in as they will request a stay, (as Nationwide have already informed me on my claim currently being processed at Halifax C/C.)

I will however draft a letter and post it for advice before I send it.

\keep you informed

regards

chris

[caro]

So they're saying they'd request a stay in response to your SAR?

[chrisking1962]

Hi Caro,

I don't think, so as I read it, (unless I am reading it wrong) the letter states that ifwas to issue a claim in the court they would request a stay, i think they are not going to supply my S.A.R - (Subject Access Request) as they will put it on record and it will be dealt with after the Test Case!

However I have just drafted this letter which I intend sending on monday.

If you have any advice on the letter (ie DON'T) I will be very much grateful, if I need to tweek it please advise me as I have kept it as formal and unthreatening as I possibly can.

Here it is:-

 

me and my address here

 

 

 

 

Tel xxxxxxxxxxxx

4th August 2007

 

 

 

 

 

Yorkshire Bank

Advice Quality Unit – Charges Section

Third Floor

Brunswick Point

Wade lane

LEEDS

LS2 8NQ

 

My ref: XXXXXX/XXXXXX

Your Ref: xxx/xxxx-xx

Account: xxxxxxxxx

 

Dear David,

 

I hope you don’t mind me addressing you by you’re forename and not you’re surname as I feel this makes it a more personal letter as if I am getting to know you.

I would like to thank you for your letter dated 2nd August 2007 which I received yesterday 3rd August 2007, (how quick the post is getting one way nowadays) informing me of the test case which is now in process, or very shortly will be starting. I am very impressed at the speed as to which the 8 banks involved (which I don’t seem to recall the Yorkshire Bank being 1 of them?) have responded to the matter regarding of not processing any more new claims.

 

Whilst I know that during what must be a very difficult time, (I know what this is like as every now and again especially when you think you have enough funds left in your account to last till payday sometimes within 24 hours, only to find your bank has kindly relieved you of that option), and although I do have some sympathy as to the 8 banks request’s on the matter I would have liked to have had the same powers available to me during all the times you removed the unlawful charges from my account as you seem to have regarding putting a hold on the process of new claims.

 

I have never made a complaint to the bank regarding my claim for the return of the unlawful charges you have taken from me which has put severe hardship on my finances throughout my working life, but I have simply requested on 5 (FIVE) yes, 5 separate occasions to supply me with my Data Subject Access Request, which I gratefully paid you for with the statutory charge of £10 which you acknowledged in your letter dated 9th May 2007.

 

I have still not received this information as to which you will have had OVER 100 DAYS in which to have supplied me with, and as this was well before any TEST CASE was announced I feel is irrelevant to mine and possibly others also in a similar situation as myself.

 

 

 

Page 1 of 2

 

 

I believe you have deliberately refused to release the information I have requested several times and used the time to stall any impending court action I may take.

I am very disappointed as to your last letter quoting the test case to slow the process down even further. Under the data protection act you have failed to supply me with my Subject Access Request within the allowed time. You have been paid for £10 this on the 26th April 2007, you have deposited this on or around the 9th May 2007, you have responded in your letter of the same date 9th May 2007 that you then had 40 days to comply, today is now the 4th August 2007 and you have NOT supplied the information.

 

I have been extremely generous with the time scale and allowed you over 100 days from my 1st letter dated 26th April 2007, and despite a further 4 letters (5 if you include this one) you have still refused to supply me with my Subject Access Request.

 

1. I also note that in you’re last letter (2nd August 2007) you indicated that I could take my complaint to the FOS if I choose, again let me remind you this is not a complaint and I will not therefore be dealing with the FOS as you will also know the FOS are not dealing with any new claims either.

2. You also state that should I choose to issue a claim in the County Courts that you will immediately apply for a stay on my actions until resolution of the bank’s proceedings with the OFT.

3. As I intend to choose the County Court route, and should you request a stay quoting the above test case, I will contest this and ask for it to be removed due to non-compliance.

4. Should I incur more charges through this course of action, I will be requesting these back plus any further costs I deem adequate.

 

 

Just to remind you of all the letters I have sent you, AND of the replies I have received from you, I will put the dates in order as follows:-

 

1. 1st letter sent Data Subject Request 26th April 2007. (copy attached)

2. S.A.R - (Subject Access Request) Reply received (your ref YBxxxx) 9th May 2007.

3. 2nd letter sent (Preliminary) 8th June 2007. (copy attached)

4. Prelim Reply received (Your ref AQU/07-0xxxxx) 15th June 2007.

5. 2nd Reply received (same ref) 22nd June 2007.

6. 1st Letter before Action sent 22nd June. (copy attached)

7. 2nd Letter before Action sent 10th July 2007. (copy attached)

8. Reply received 11th July 2007.

9. Final Letter before Action sent 27th July 2007. (copy attached)

10. Delayed reply to Final LBA received 3rd August 2007.

 

I will no longer inform you of any further actions, and would therefore request for a final time that you supply me with all my relevant information regarding my Subject Access Request by return of post. Should you fail to supply me with this information, I will start without further notice court proceedings regarding my claim.

 

Yours truly,

 

 

 

 

Mr. Me here

 

Page 2 of 2

 

 

I hope this is OK

 

Regards

chris