Cleo v Yorkshire Bank

[hilaryfrances]

sounds to me as if the banks are loosing the test case, I dont think anyone has had an offer for a while now

[cleo4patra]

Hi Hilaryfrances - I was gobsmacked!! I have written today regarding repayment proposal first as I don't want to accept it and then they start chasing me for full balance (see bigmac message) . However I still feel thay are caving in? Is there any progress on the case?

[Bigmac versus]

Yip that way the account is still in dispute.

[cleo4patra]

Yip that way the account is still in dispute.

If I get the repyaments sorted, accept as partial offer and then state the account is in dispute - does this affect my being able to put in a court claim for the remainder?

[hilaryfrances]

I think you need help from one of the site team for this, perhaps if you sent Caro a pm and tell her they have made you a partial offer. Hils

[Bigmac versus]

If I get the repyaments sorted, accept as partial offer and then state the account is in dispute - does this affect my being able to put in a court claim for the remainder?

 

If you get the repayments sorted out then accept the partial offer but not as F&F then the account balance of charges is still in dispute. What this means is that the banks WONT have to deal with your complaint under hardship as you have accepted their offer.

 

By accepting their offer it does not stop you continuing to court for the balance, the offer clearly states its not FULL and FINAL so it is your right to pursue the remainder but only in court.

 

Im sure the FOS wont pursue your claim (hardship) further if you accept the partial offer as they will say an agreement has been reached but they would pursue it further if the FSA removed the waiver which protects them. The FOS would pursue it further if you didnt accept this offer but to be honest there is nothing in stone saying they have to give you anything back only consider it.

 

Hope that makes sense.

 

George

[cleo4patra]

If you get the repayments sorted out then accept the partial offer but not as F&F then the account balance of charges is still in dispute. What this means is that the banks WONT have to deal with your complaint under hardship as you have accepted their offer.

 

By accepting their offer it does not stop you continuing to court for the balance, the offer clearly states its not FULL and FINAL so it is your right to pursue the remainder but only in court.

 

Im sure the FOS wont pursue your claim (hardship) further if you accept the partial offer as they will say an agreement has been reached but they would pursue it further if the FSA removed the waiver which protects them. The FOS would pursue it further if you didnt accept this offer but to be honest there is nothing in stone saying they have to give you anything back only consider it.

 

Hope that makes sense.

 

George

Thanks that explains it very well. I faxed a letter to them asking them to send me the income/expenditure form and then posted a hard copy - however if they don't hurry up my 14 days will be up!

[Bigmac versus]

Agh the waiting game, im very good at this. I actually thought we would have heard about the conclusion of the test case by now. Im not encouraged by the length of time this is taking tbh.

 

George

[caro]

It's a tough call really, and I don't think I can add to anything Bigmac has already said. He is far more familiar with the FOS and FSA than I am, and his thread makes interesting reading and clearly illustrate what a tough bank you're up against.

 

http://www.consumeractiongroup.co.uk/forum/scotland/19737-george-mcm-clydesdale-bank.html#post153994

 

 

It is encouraging that they have offered you this, but if you reject it, they won't necessarily come back with an increased offer - or any offer at all. Could I suggest that you write and thank them for the offer, which you'd be pleased to accept. I would then add, that although this partial settlement helps to a degree, it does not prevent hardship, and will still leave you with an overdraft which you cannot pay off, and still includes a substantial amount of charges which have been a major contribitory factor to your hardship. In the circumstances, you still dispute the amount of your overdraft as it included £xxxx in charges, and request that they remove these in order to ease your hardship. I suggest that you send a copy to the FOS for information so they know that it's not enough too.

 

I wouldn't be in any rush to complete a new income and expenditure sheet. They've clearly seen enough to know you have a problem.

[cleo4patra]

It's a tough call really, and I don't think I can add to anything Bigmac has already said. He is far more familiar with the FOS and FSA than I am, and his thread makes interesting reading and clearly illustrate what a tough bank you're up against.

 

http://www.consumeractiongroup.co.uk/forum/scotland/19737-george-mcm-clydesdale-bank.html#post153994

 

 

It is encouraging that they have offered you this, but if you reject it, they won't necessarily come back with an increased offer - or any offer at all. Could I suggest that you write and thank them for the offer, which you'd be pleased to accept. I would then add, that although this partial settlement helps to a degree, it does not prevent hardship, and will still leave you with an overdraft which you cannot pay off, and still includes a substantial amount of charges which have been a major contribitory factor to your hardship. In the circumstances, you still dispute the amount of your overdraft as it included £xxxx in charges, and request that they remove these in order to ease your hardship. I suggest that you send a copy to the FOS for information so they know that it's not enough too.

 

I wouldn't be in any rush to complete a new income and expenditure sheet. They've clearly seen enough to know you have a problem.

thanks so much - that is what I will probably do - much appreciated. I noticed someone from TSB has posted about an offer they have had - do you thin this could be something to do with the test case?

[Bigmac versus]

Tbh there have been a few offers made on a regular basis and im sure this has nothing to do with the test case and more to with appeasing the FSA waiver clause regarding hardship. They need to show these cases are being dealt with.

[cleo4patra]

Still waiting for their income/expenditure form but will write this week - Had a good response from Caro which makes a lot of sense - thanks for all the info

[cleo4patra]

Tbh there have been a few offers made on a regular basis and im sure this has nothing to do with the test case and more to with appeasing the FSA waiver clause regarding hardship. They need to show these cases are being dealt with.

They have agreed to my repayment proposal for the overdraft. I accepted their offer but pointed out that it was still indispute and not F & F - and will be lodging a claim with the court

[hilaryfrances]

Cleo`s winning Cleo`s winning, yippee, bet you feel better now dont you?

[cleo4patra]

Cleo`s winning Cleo`s winning, yippee, bet you feel better now dont you?

I do - but couldn't have done it without this site - will be making a donation soon.

 

They have put full amount on payment book and not taken the offer off that amount . I have written asking them for it.

[hilaryfrances]

Ihope you get your money before Christmas, fingers crossed

[cleo4patra]

Ihope you get your money before Christmas, fingers crossed

when they made the offer they said about it being taken off the balance - but as that has not happened yet i have asked them to send me a cheque. Now that I have got this set up I am going to lodge a clim via the courts for the balance. Thanks for your support

[caro]

I would suggest that when you do your claim you make sure that you include that the bank have acknowledged that you are suffering hardship and that, as this is the case, your claim should not be stayed.

[cleo4patra]

I would suggest that when you do your claim you make sure that you include that the bank have acknowledged that you are suffering hardship and that, as this is the case, your claim should not be stayed.

thank you Caro - without this site I don't know what I would have done. Should they send me a cheque or should they take it off the overdraft - the money they offered? They did say they would reduce the balance but this has not happened yet.

[Bigmac versus]

Speed is never something they excel at, Caro touches on some good advice there regarding hardship and court and you would be very wise to follow that up.

[caro]

You could certainly ask for a cheque, but in all honesty you are unlikely to get one unless they make some kind of last ditch effort to avoid court, and offer it on the steps of the court. You've a long way to go before that will happen so I'd suggest you settle for the reduced OD.

[cleo4patra]

You could certainly ask for a cheque, but in all honesty you are unlikely to get one unless they make some kind of last ditch effort to avoid court, and offer it on the steps of the court. You've a long way to go before that will happen so I'd suggest you settle for the reduced OD.

I accepted their offer but said only partial not F & F but they haven't taken amount off the OD - full amount in a payment book. I wrote asking them how they would be allocating the money. Thanks

[hilaryfrances]

I bet you thought we were all mad when we told you to start dictating to the bank YOUR terms and conditions! It is amazing how much rubbish we all take because we think that financial institutions have the right to do as they please. If this site had not exsisteted then the Banks, etc would have continued to make peoples life a misery by bullying and threatening folk. It feels good to have the tools to fight back doesnt it?

[cleo4patra]

I bet you thought we were all mad when we told you to start dictating to the bank YOUR terms and conditions! It is amazing how much rubbish we all take because we think that financial institutions have the right to do as they please. If this site had not exsisteted then the Banks, etc would have continued to make peoples life a misery by bullying and threatening folk. It feels good to have the tools to fight back doesnt it?

thanks - have started repayment plan and the money they offered has reduced the balance. Will be seriously considering claiming remaining charges back now

[hilaryfrances]

never mind "seriosly considering claiming etc"

 

GET ON WITH IT

 

Tis your money they have lass