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Rider

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Everything posted by Rider

  1. Lizzie Right. You don't like these guys do you. No question mark cos we're in rhetorical territory here. You have been put through a LOAD of grief by these people. It is all their fault. They have pushed you over your o/d limit by putting on charges that are illegal. They have then charged you more illegal charges because of this. This is the bloke who nicked your bike coming back to demand money for a new racing pipe for it. And the spare keys and panniers! Just in case you haven't spotted some relevant threads I would advise you to claim back more than six years. Did you state 6 years in your SAR or did you just send the one from the template library cos that doesn't mention a time limit. The issue of the 6 years has been the subject of debate but I believe that the statute of limitations would not be applicable in this case (dunno how to do a signature that says this so 'don't take my word for it - I've got sh*t for brains' will have to suffice). Also I would add the interest they have charged you on the charges and then apply their own unauthorised o/d interest rate to it since each day they grabbed your hard earnt cash. Compound this. As they would. The justification for this lies in the concept of recipricosity of contracts. See the first page of the 'New way of looking at interest' thread on the 'General' forum for a clear and concise explanation of this by Bankfodder and the last few pages for links from Vampiress and Mindzai to spreadsheets on which you can work all this out (allegedly, still struggling to do it meself! Spreadsheets not my natural environment. Also see 'for brains' comment earlier..) Taken together these two changes should significantly increase your claim. Don't be scared by this. These people have taken your money illegally. It don't get much more 'unauthorised' than illegal! They knew it was illegal when they were charging you £90 in a day recently and, no doubt, seriously upsetting you. They must be made to pay for such behaviour. As I have said, I believe that all of this would stand up in court. But just to give you less to worry about just remember that these guys DO NOT want their day in court. They may well try to obstruct you along the way but you WILL prevail.
  2. Hi Bill Yeah I've been through this 6 year's worth of data issue with my bank. I sent the SAR to my branch who sent it on to their central Network Support people. They replied that they had received my request for six years and would supply it. I got back to them and said - no not six years, all - they wrote back saying that six years was all they could provide. At that stage I wrote to them asking them where it said this in the Data Protection Act and also wrote to my branch manager informing her as to what was going on with an SAR that had originally been addressed to her branch. Within two days I had a letter back from her apologising for me being given incorrect info and promising all my records. They arrived a few days later 39 days after the date of my SAR (which I reminded them of in all my letters). Which was quite a coincidence...
  3. Hey Karen I hope those 3 husbands are grateful and that the others don't start to feel neglected Go for those charges. As Phantom says they will have to prove they weren't defrauding or being negligent and that means taking the stand and they ain't gonna do it just yet!
  4. Sorry bill but YES you have COMPLETELY f*****n lost it!!! :lol:
  5. Hi Bill Yeah, had a good break.Thanks. Know what you mean about the splitting thing. Seems the main reasons for doing it would be 1) to initially make a dead cert winnable claim to be followed at a later date by a more risky one and 2) to keep under 5k and so stay in Small Claims Court and thus avoid the costs associated with the other processes eg multi-track. On 1 I think we are seeing more evidence that all these cases are dead certs ( provided you've got plenty of patience and persistence!) On 2 if they settle you get your costs back anyway so it's just a question of whether or not you can stump up the necessary in the first place, which I know isn't always easy. I haven't worked out exactly what the level of my claim is yet cos I was hanging fire till I decided which way to go with all this interest biz and then had a problem downloading Vamp's sheet cos I was using a Mac and apparently it wasn't compatable. Tried Mindzai's but couldn't get the server! Now I'm back on a pc so hopefully I can put my numbers down onto Vamp's sheet and come up with a figure. Anyway. Have a great week everybody.
  6. Found this thread and started working my way through it with a growing grin just before going off on holiday for a couple of weeks. Now I'm back it's taken me three days to read all the pages of posts that piled up whilst I was away! Well worth it though. FWIW I'm going back more than 6 years and claiming unauthorised o/d rate of interest. I'm not going to worry too much about getting this all down to the nearest penny so that the judge will look kindly upon my case cos, like, what judge? The chances of this going before a judge are somewhere in the range of slim to non-existent. The banks DO NOT want their day in court. OK so it could be my case that gets there. What will I lose then? Maybe down to the authorised rate, maybe down to the 8%, maybe not more than 6 years. The chances of getting nothing at all are very slim if I win. Anyway. It's friday night and I really should be out so I'll sign off with a BIG thanks to all of you guys who have made this such a useful thread, especially those of you who have put together spreadsheets, explained rates and compounding etc etc and those who have also managed to make me laugh. Come out from behind that sofa!!
  7. No this is still my first request. They've still got a few days left before the 40 days is up cos I only found out about all this at the beginning of August. I asked them for all the information they held on me as per the template. They tried to just give me 6 years. If people are further down the line but want to get pre 6 year info and can quote an original letter that asks for ALL their info I would have thought it reasonable for them not to be expected to pay an extra fee. The bank has not fully complied with your request. Anyway. Off for a ride up to the Lakes to spend a couple of weeks getting wet...
  8. Hey dunno if you guys have been reading the 'proving the banks knew' thread in general posts. (I'd put a link to it here but I'm such an ignoramus with all this that I don't know how to!) I found it after putting a search in for 'statute of limitations'. People on it are discussing the possibility of going more than six years back. Inspired by it I asked YB for all my info going back years. Their Network support said we can only give you the last six years. I wrote back asking them to give me details of where it said this in the Data Protection Act. I also wrote to my branch manager informing her of the ongoing situation. She has got onto it and replied apologising for the incorrect information being given to me by Network Support and promising me all the info. Got some of it today. Appears that NS have info from Nov 95 on. Also have you all seen the 'New way of looking at interest' thread in General? Now there's an interesting read!!! I'm lovin this
  9. At the same time as writing back to Network Support (NS) about this I also wrote to my branch manager to keep her abreast of what was going on. Got a reply back from her today apologising for me being given incorrect info by NS and promising all my info in the next few days. In same post got some old info from the branch. Would appear that NS hold records from middle of Nov 95 on.
  10. JonCris Exactly! Thanks for this and all the rest of your useful contributions. This thread and the 'New look at Interest' have really got me fired up today. 8-)
  11. Hi All This thread might be confusing cos of the two issues being dealt with but it's well worth the read! I've been trying to get an answer to this six year thing and I feel encouraged to go further back after reading your posts. I sent my SAR to Yorkshire Bank asking for all info of my account and they replied as if I had asked for the last 6 years and then sent me only those statements. I replied pointing out that I asked for all not just last 6yrs and they wrote back saying that 'six years was all they could provide'. I have replied today asking them to point out where it allows for this in the Data Protection Act and that if they don't respond with this info I will have to proceed on the assumption that they are deliberately not complying with my data request. Will keep you posted of any developments. Gawd Bless the lorraya!!
  12. Hey Jeep Hope you can help on this one. I have been going round in circles trying to work out what the score is on the six years thing and I knew I'd seen somewhere that somone had successfully claimed back for a longer period. Decided to try to retrace my steps on that first exhilerating/mindblowing/confusing day that I visited this site and got involved. And bingo! There's your reply to my first post to the welcome forum saying you did this with the Halifax. So. I've had an account for more than ten years with the Yorkshire Bank. It was started pre 1995. In my SAR I asked them for all info on our relationship. They sent me just the last 6 years. I wrote back saying I asked for info from complete rel not just ast 6 years. Reply today saying 'I would like to confirm that we have provided you with statements for the last six years as six years is the length of time we are able to provide.' Is this right? Is this why people are going for the six years? I have kept a few statements from before then which contain another £600 of charges. Should I include them in my claim? I asked this question on my YB forum and was advised to just go for the six years. Would you advise the same??! Hope you can help me cos despite trawling the FAQs and forums I can't seem to find an answer to this that is backed up by personal experience or some precedent. And I'm waiting to send of my Prelim letter with my schedule of charges. Here's hoping!
  13. Hi Lizzie You got yourself a parachute account yet? Not only is this a good idea in case your bank threaten closure of account but also as a new customer you can look out for offers that could be quite useful in your present situation - i.e. withdrawal of overdraft facility. e.g. I opened one with Alliance and Leicester before taking on Yorkshire Bank and they've given me a 0% overdraft for the first 12 months and a glow in the dark poster of Gary Lineker. Pretty handy, although I'm not sure what I'll do with the overdraft. It's ironic that our banks' intransigence is leading us to move our business elsewhere. They lose. We won't. Keep the Faith!
  14. Hi Caro Thanks for your help on this. Sounds like good advice so I'll follow it Any idea about the start date though? Would it be six years back from my letter to them? Six years back from the announcement by the OFT? Cheers! Rider
  15. Hi All Been trying to find the answer to this on the FAQs and forums but not sure I've got a definitive answer so... I sent off my 'Subject Access Request' letter to YB last week asking for all the info on my relationship with their organisation and received a reply stating that they would provide me with copies of statements going back to August 2000. Is it within my rights to demand all of my info going back to when I opened the account back in the early 90s? If so, is there any point in pursuing it? I've had an account with YB since before 1995 and therefore wouldn't 'be able to rely directly on the Unfair Terms in Consumer Contracts Regs.1999 if your bank contract was entered into post 1995' Does this mean that I would be very unlikely to make a successful claim for more than the six years on the grounds of 'deliberate concealment'? If that's the case I'll just proceed with what they owe me over the last six years. What would be the start date? Is it six years from when I first wrote to them? Hope someone can clarify this for me.
  16. Hey Rob Just got in and checked what developments have occurred today in our group adventure. Hadn't read your stuff before. I'm a new arrival. Just sent off my data letter to YB. Love your attitude! I know this is all serious stuff but hey!!! ain't it fun!
  17. Hi Jeffmac Came across your posting cos I was searching for mention of bankruptcy. My brother went bankrupt a few years ago and I was wondering if he could claim the charges back from those last bad couple of years before he called it a day. If someone gets back to you with an answer or you find the answer yourself I'd be really grateful if you could let me know. It'd be great for my brother but I don't want to raise his hopes for nothing. Good luck and thanks.
  18. Thanks for the warm welcome Rachel I've just gone through my statements for the last 6 years and the charges come to £1100 - £1326 depending on how far back I go in that year. (I've been looking for the date of that OFT ruling/statement but I can't find it. Do you know it?) I only started being organised with statements at about the 1999 stage so before that it's all a complete blank but I've been with YB for 13 years now (unlucky for...them?) so I'm going to send a data request for the whole period as they have certainly 'deliberately concealed' from me the fact that the charges are excessive. Gonna open another account first though. Have read through Dan's story and it's looking interesting! They seem determined not to pay. Which makes it sweeter. Good luck for you and your mum.
  19. Hi Caro Thanks for the welcome. I've read the FAQs and templates but I'll follow your advice and browse the forums (or should that be fora...) to get a clearer picture of all this before bugging you and others with dozy questions. I'm loving this.
  20. Thanks Thewife&I Didn't want to waste my or other people's time so read FAQs and Templates before I joined forum. All looks possible for me. Joined Yorkshire/Clydesdale Bank forum and will keep em posted. Thanks for the warm welcome. This all feels great. I'm enjoying it. Cheers.
  21. Hi All Seems sweetly appropriate to be starting my journey to reclaim my money from the 'Yorkshire' Bank on Yorkshire Day. Only found out about all this today and need to work through all my old statements to tot up what I can claim. Great to find a bunch of people working together against rapacious big business. Here's hoping I get to the stage where I can donate some of my refund to the site! Cheers guys.
  22. Hi All Got an email from a friend about all this and followed the link. Now, a couple of hours later, I'm believing it's for real and that I might actually see back some of all those £20 charges Yorkshire bank have had off me over the last six years! It feels good. I think I've got all my old statements so I guess I need to start trawling through them and listing all the details of charges. That should keep me out of mischief for a while! If I end up richer so does this site. It's great to find people providing this sort of support. Cheers guys.
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