Murphy v Yorkshire Bank

[murphy55]

Hi Caro

 

I posted a letter over 4 weeks ago, Basically asking for them to settle as the case has been stayed since 30th August 2007 and it has been over 2yrs. My claim is for £1600 with interest £2528. The interest was correct 2yrs ago, however would this have changed. I stated in my letter that I was willing to accept the £1600 within 14 days. If they did not accept this offer then I would be applying to the Court for the stay to be lifted under the Hardship Terms. I have had a repssesion order on my house and the £1600 would clear my arrears. Should I have stated this.

 

I forgot to add, That the did send me a cheque 2yrs ago for £564 and I returned it to them - Is this not them admitting there in the wrong.

 

I have not heard anything from them.

What do I do know?

What is the current situation with the Courts?

 

Thanks Caro xx

 

Thanks Caro.

Edited October 19, 2009 by murphy55

[caro]

Hi Caro

 

I posted a letter over 4 weeks ago, Basically asking for them to settle as the case has been stayed since 30th August 2007 and it has been over 2yrs. My claim is for £1600 with interest £2528. The interest was correct 2yrs ago, however would this have changed. I stated in my letter that I was willing to accept the £1600 within 14 days. If they did not accept this offer then I would be applying to the Court for the stay to be lifted under the Hardship Terms. I have had a repssesion order on my house and the £1600 would clear my arrears. Should I have stated this.

 

Most definitely worth stating this.

 

I forgot to add, That the did send me a cheque 2yrs ago for £564 and I returned it to them - Is this not them admitting there in the wrong.

 

I imagine that this was the usual "gesture of good will" and not an admission. I suspect that it was also full and final settlement preventing you going back again. If you manage to get a payment due to hardship you are still free to go back for the rest.

 

I have not heard anything from them.

What do I do know?

What is the current situation with the Courts?

 

Thanks Caro xx

 

Thanks Caro.

 

The supreme court is due to hand down it's judgment any day so keep your eyes on the press and on CAG for news.

 

In all honesty the court is unlikely to lift the stay and the FOS has proved more successful in getting hardship payments.

[murphy55]

Thanks Caro

 

I will listen out in the next few day what the Judgement is?

 

You state the FOS has proved more successful, What is FOS ?

 

Thanks

[caro]

I should have said FSA. FOS is the Financial Ombudsman Service and FSA is the Financial Services Authority. Take a look at this.

 

The Consumer Forums - Applying for refunds of bank charges on the basis of hardship

[yourbank]

FSA ? Complaining to them wouldnt get you very far as an individual.

 

The FOS hasnt been that much more successful at hardship payments than a direct appeal to the bank with full Income /expenditure details, outline of effects of charges and evidences of priority debt arrears, but certainly much more successful than the court route (which is ill and unfounded for hardship claims) its extremely unlikely they would even consider lifting a stay on hardship grounds.

''I have had a repssesion order on my house and the £1600 would clear my arrears. Should I have stated this.'' Yes - its imperative you include this in your letter asking for some help from the bank.

 

The Bank have to acknowledge your hardship claim in 5 days, send you any Income Expenditure forms, and then respond to you with a decision within 8 weeks, and then if you don't agree you can take the claim to the FOS (who deal with fairness rather than legalitys)

 

And that link, Caro, is that meant to be your guide to help people gain interim payments under hardship ??

 

Have a read here http://www.consumeractiongroup.co.uk/forum/bank-charges-finance-industry/190348-itn-news-3.html there is some good information there.