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the yorkshire bank have gone back on their agreement

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A few weeks ago I got an offer from the bank, you know the one that says we will settle in full but without admitting liability. All i had to do was sign and return the acceptance form which I did. They accknowledged receipt of the acceptance when I spoke to someone from the litigation department

Now yesterday I got a letter saying that they have withdrawn their offer pending the result of the test case.


Can they do this?

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I believe they can not!


From my letter received after the OFT announcement---



Reason being...That we the bank are now in in legal proceedings with the OFT................


On the 3rd August a letter I received states "the offer of an ex gratia payment the bank made to you still stands and you can accept or reject this offer within two months of having been made"


Hope this helps.

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If those like me are offered partial payment and the amount will be honoured within two months (after the OFT announcement)


And those previously offered full amount but now advised this will not happen, does this mean...


1) The bank can honour partial payment thus reducing their losses?


2) Withdraw offers of full settlement pending the OFT findings / rulings?


Sounds to me that the bank are considering a 50/50 chance of loseing / winning here.


Thats good news for us all I think?


I personally will be writing back to them to say I will wait for the OFT findings and decline their offer.


For me the money has not been the issue but the principal.


I personally feel that should they win then that is a green light for each and everyone of us to spend our free time mugging people.


I appreciate that some people will be more money orientated than myself which is fair enough and good luck to you but since I was young I was brought up to respect the law and as such with my personal beliefs, these banks are criminals who are robbing us blind.


I can not and will not accept that an error caused by a utility company debited £45.00 from my account ON A DATE NOT AUTHORISED BY MYSELF, that left me with £260.00 bank charges. NEVER, NEVER, NEVER!

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The following is copied from the guidance given to the banks from FSA in how to respond with customers following announcement of the test case....


Scenario 4: Complaint has been received by a bank – no case before FOS or Courts - offer on the table but not yet accepted. We refer to your complaint about unauthorised overdraft bank charges. We wrote to you recently making you a goodwill offer in full and final settlement of your complaint about these charges. Although we believe the charges are fair, transparent and lawful, since we last wrote to you the banks have become involved in legal proceedings with the Office of Fair Trading ("OFT") in relation to the charges which we believe will resolve the legal issues regarding the fairness and legality of your charges. We have asked the Financial Services Authority ("FSA") to suspend the normal timetable for dealing with unauthorised overdraft bank charges complaints, and the FSA has agreed to this request subject to conditions that protect your rights. Given this court case we have also asked both the Financial Ombudsman Service ("FOS") and the Courts not to proceed with any other case they are hearing until the test case is resolved. FOS has indicated that as a general proposition it will indeed not proceed with cases which rely on the legal issues being considered in the test case. Similarly, you should be aware that if you choose to issue a claim in the Courts, [we will immediately apply to the Court for an order to stay your action until resolution of the banks' proceedings with the OFT].** However, the goodwill offer the bank made to you still stands and you can accept or reject this offer. If you decide to take up this offer, you must contact us within 2 months from the date of this letter. You should be aware that if you accept this offer, this will be in “full and final” settlement of your complaint. This means that it is unlikely you would be awarded a further sum even if the test case indicated that you could be entitled to a potentially larger amount. Though this does not preclude you asking for repayment of any future charges if the court finds they are unlawful. If we do not hear from you within the specified 2 months, we will assume that you have decided to reject this offer and await the outcome of the legal proceedings with the OFT. This means that the bank's offer will expire (i.e. can no longer be accepted by you) and we will reconsider your complaint once the test case is resolved. We can assure you (in that instance) we have registered and stored your complaint. We can assure you that, if you do not accept our offer, once the legal proceedings are completed we will resolve your complaint as quickly as possible, applying the test case principles. This may produce a larger or smaller figure when compared with the current offer. If at that stage you do not agree with our conclusions you will of course be able to refer your case to the FOS (or to the courts). Obviously exactly what will happen next will depend on the Courts. We do not know how long the case will take – we have promised to proceed as quickly as possible but inevitably given the importance of the issues being considered this may take many months to finally resolve. Please retain your bank records, as this will make it easier for you to support your complaint on resolution of the test case. We will keep you updated appropriately about the proceedings with the OFT. You can also check the latest position on our website at . The FSA requires us to ensure that your complaint will not be adversely affected by the delay in dealing with it. Customers for whom Scotland is the most likely jurisdiction should be particularly aware of the following: 1. You may choose to take your complaint or claim against us to either the FOS or the Courts in Scotland. 2. Your right to refer your complaint to the FOS will not be affected. The FOS provides a convenient alternative to the Courts, and is free for consumers. However, as already explained, you should be aware that the FOS has, at our request, decided not to determine these complaints for the time being until the test case is resolved.



Date of incident                                              17 Jan 2020

First raised complaint                                    21 Jan 2020

Final response from Ryanair                         25 Jan 2020

Appeal to CEO                                                 27 Jan 2020    No reply

LBA issued                                                       13 Feb 2020

Small Claim issued                                          2 March 2020 (response date 13 April)


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I am in the same situation, I was in the process of taking the yorkshire bank to court, when I received a letter stating i would receive my amount claimed, interest claimed and my court costs. I duly signed the letter and returned it immediately ( thinking great I have won )


I then never recieved my cheque, chased it up, only to be told it would be sent the next week. Next week arrived, I rang again only to be told vaguly it will be sent shortly. Two days after this call, I received a letter from the bank stating because of the oftel ruling, they would await any further acknowlegement of my claim.


I then received a letter from the court, stating that the bank had requested a stay. I rang the court this morning and requested a form to dispute the stay.


Any further advice on how to deal with this now, would be sppreciated

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