This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/08/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

You give me more attention than I require. lol Thanks to all the support and I will be donating shortly... Yorkshire or clydesdale will not resist and I hope that EVERYBODY PERSISTS

I think that where mortgages are concerned, there should be no reason why you cannot claim for late payment fees and arrears charges as the process effectively is the same as your bank charges. An automated letter is issued and then you may get a phone call if you do not pay up within a few weeks of the letter being issued. Clearly each lender has its own process but pick up the tarrif of charges for your lender and you will clearly see what they will charge should this happen. The difficult part of being in arrears is that when solicitors get involved and legal action is taken, you are actually paying for actual costs incurred, i.e. a solicitor preparing the legal docs to get the case to court etc. As these are not punitive then you cannot claim for these. Where you may have an argument is that should the punitive charging not have taken place, the arrears would not be as high as they are at the moment and therefore legal action should not have taken place. Example: 100 arrears 25 arrears charge You pay 50 off your arrears Your arrears is now 75 rather than 50 following month your arrears is 175 and then you get charged 25 fee arrears now 200 you pay 50, arrears 150.. Sorry if that is not clear but it just indicates how arrears charges on mortgages snowball debt. Charges on mortgages is something that I would like to see more discussion on as I know that reposessions are on the increase and arrears balances would naturally be on the increase to reflect this.

It was yorkshire but the rules do not differ..

Yes we had a pre-estimate amount. The amount was not correct and they finally sent copies of all statements for us to check. They offered us a portion, we kindly said no and told them that the only acceptable resolution was full payment plus the court fees that we had incurred. Having received the accurate figures plus interest they decided that "without prejudice save as to costs" that they would accept this rather than go to court.

Bank agreed to pay up today... Looks like I am no longer off to court.

Personally speaking, this article has not been a suprise in my eyes, we all knew that the banks had to show reaction due to the 31st May deadline set by the OFT. It is in my opinion also that the OFT ruling and the banks response to the OFT has no bearing on our claims. This is because the basic argument that we are all making is that these charges, whether they be at 12 or 35, are still punitive and unlawful. General UK contract law which is not set by either the bank or the OFT states that the it is perfectly lawful for your bank to reclaim liquidated damages, however, the amount that they reclaim must be an accurate and true reflection of the loss incurred. If we can prove that the charges that the banks have imposed, once again whether at 12 or 35, is not a true and accurate loss then this becomes punitive and therefore unlawful. I personally believe that banks will always be able to get their cut of the pie in whatever they do, so it is going to take a lot to get the situation to be as it morally and legally should be.

Sorry, not sure if this has been mentioned already, had a quick look but couldnt see. If it has - apologies.. http://news.bbc.co.uk/1/hi/business/5036098.stm looks like they are trying to stuff us another way now to make their profit!!!

I think we stand a good chance too. I just hope that their legal eagles dont start baffling us with all the legal jargon. I guess, I will just have them to get them to explain everything if they do! I have a few points that I want to focus on and I know its all about getting the judge to side with you over the other party and believe I can do this with Failure to comply with DPA Failure to supply information required The fact that they have admitted that the charges they applied were pre-estimates of losses and not actual losses. The whole contractual law and liquidated damages argument too. I have supporting letters from others where they are still refusing the DSA requests to their customers. I hope that I can paint a very nice picture.

The banks sols asked for a 1 month stay, I agreed as I thought the sols had realised what a mess the bank had made of all this. We have failed to reach an agreement as their offer was about 50% of what I needed to claim my charges back and court fees. I now have to write to the court and say that mediation has failed and I want a hearing! I am determined and I really think that they want to go for it. I did put in my last letter to them that I was not afraid to be the landmark case should they proceed to gain an actual judgement - which I am not.

Well you may have read through other peoples posts that my partner and I are in the process of reclaiming some charges from the Yorkshire Bank. To briefly outline the story so far: DSA = Data Subject Access ICO = Information Commissioners Office Wrote to bank asking for a DSA. Response - no can do Spoke to bank to discuss DSA Response - still no can do Letter confirming this and cheque returned. Spoke to ICO - was told to put copy transactions rather than Statements Letter to Bank to request copy transactions Complaint lodged with ICO. Estimated Charges guessed by us and court claim started. Still no response from bank after 40 days ICO spoke with bank - no response after 14 days Contacted ICO - ICO advised they would make contact with bank Bank contacted me to say they would give copy of transactions within 7 days Bank Acknowledge and Defend Claim. Instruct external sols with list of transactions. Copy Statements for one account and not other 3 arrive on doorstep 7 days later. Correspond with solicitor having seen defence filed and sols ask for 1 month stay. Still waiting copy statements from bank for other accounts. So this is where we are today - our one month stay officially ends over the weekend and I am told by the solicitors that an offer is in the post. The offer has transpired to be less than the actual charges applied against our account 4 years ago, no offer to reimburse court fees or anything - another delay tactic! Do not go there if anybody else gets this far! I have told them that we are unable to accept anything less than the actual losses incurred and gave them until close of business today to make that offer to avoid a court hearing. No response so it now seems as though we are going to have to go to court. Maybe we will be the landmark case? Anyway, I am really looking forward to it and I know that we have the sufficient ammo to argue these punitive and unlawful charges. I will keep you all posted on how it goes.

I bet he was lol.. He must really love me - I hope he gets called as a witness to my case so I can ask him about his blatent disregard for the DPA. I find it virtually unexplainable why they are doing this knowing that the ICO will tell them to do it. I guess the only explanation is that it reduces their liability through the Limitations act. If you are going to follow the good avice above, I would make it clear that if the first response is that you are not entitled to this, you will make immediate complaint to the ICO rather than wait the 40 days for it to not turn up. Anyway, we stand together in this and we will triumph I am sure.

Just a thought here and apologies if it is placed in wrong area. Could one of the principals of the Financial Services Authority of Treating Customers Fairly be used to make complaint towards those regulated by them. I have read constant inconsistencies with Banks etc treating customers with varying levels of service and actions. Is there a way of collaberating the information to put as a "super complaint" type of action? Is it fair that one person gets their statements and others dont? Are they acting with integrity by not disclosing the information on how they calculate their fees etc. Im not really an expert on it but if for the purpose of discussion there is something hidden within my idea that can be used, I am sure somebody will have some comment.

We sent ours to the local branch. I would send to Mr Gordon Watts. Check JImo's post below yours on the last page. His Address is there but dont expect too much. We are in the process of taking them to court for the charges going back 6 years ago for 2 years (when I was young, not so sensible with money and enjoyed life to the max) . They seem to play delay tactics all the time and I am trying to put a stop to it.