My claim - Yorkshire Bank Visa

[chezt]

I sent my prelim letter 16.10.06 (no response as yet) using the complex credit card spreadsheet in the library. Since my discovery of the Vampiress spreadsheets to calculate compound contractual interest I am considering amending my claim. Does anyone know what interest I should use? The rate per month on my statements is 1.385% (Purchases) but I don't know what this actually equates to. I've been on the YB website but can only find Mastercard rates not Visa ... can anyone help with this?

 

Thanks in advance

[chezt]

I've re-entered my claim details on the compound contractual interest spreadsheet (using 28% as a test till I find the correct amount) & my figures have changed from £340+£36.19 actual interest on charges having an additional £199.92 in compounded interest - does anyone know if this sounds about right??? :idea:

[chezt]

Rec'd bog off letter today so i will be preparing LBA shortly - I'm now gonna claim compound contractual interest instead of the actual interest charged ... do I have to issue another Prelim or can I mention the amended amount & reason in my LBA ???

[chezt]

I sent my prelim letter 16.10.06 (no response as yet) using the complex credit card spreadsheet in the library. Since my discovery of the Vampiress spreadsheets to calculate compound contractual interest I am considering amending my claim. Does anyone know what interest I should use? The rate per month on my statements is 1.385% (Purchases) but I don't know what this actually equates to. I've been on the YB website but can only find Mastercard rates not Visa ... can anyone help with this?

 

Thanks in advance

 

I've still been unable to frind the rate to enter on my spreadsheet - It isn't on YB or Clydesdale website as my rate is 1.385%/month on my statements - can anyone help?

[chezt]

Just been in the live chat & got the answer to my % to enter on spreadsheet Q (thankx dax/hag:) )

 

Now just need to know if I need to send an amended prelim letter now I'm claiming interest or can I just mention in my LBA?

[chezt]

Yeah that's what I thought ... Thanks for your help & honest opinion

 

So I have a battle to prepare for do I? I thought their bog off letter was very to the point - ie NO ur not getting your money back!!!

 

Here we go again then ... new prelim & spreadsheet to be done today & posted Monday ...

[chezt]

Does anyone have a draft amended prelim letter advising I'm now gonna claim compound contractual interest?

[chezt]

Righto all done ... what do you think ....

 

Yorkshire Bank

Card Services

PO Box 4509

Leeds

LS2 8NP

(DATE)

Revised request for repayment of charges

Dear Sir/Madam

ACCOUNT NUMBER: XXXXXXXXX

I am in receipt of your letter dated (Date), regarding my request for repayment of charges.

 

While waiting for your response I have spent the time effectively, researching the issue of reclaiming charges. I now realise that I am entitled to add compound contractual interest to the whole of my claim. As I am revising my request, and in the interests of fair play, please take this letter as a fresh preliminary request for repayment.

My request

I am writing to ask you to refund to me the charges which you have been applying to my account over the period (date) to (date).

I now understand that the regime of fees which you have been applying to my account in relation to Late Fees are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require

I calculate that you have taken £340.00 plus £36.19 which you have charged me in interest for the sums which you have taken. Total £376.19.

In addition to this amount, I also claim interest at a rate of 17.9% APR as set out in the attached schedule of charges. I believe this rate to be justified under the principle of mutuality and reciprocity: it is based on your standard rate for purchases that would be applied under the terms of the above-mentioned account. Therefore the total amount owed as of today’s date is £499.91.

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully

 

[chezt]

Posted revised prelim letter 28.10.06 - no reply as yet ....

[chezt]

Letter rec'd today dated 7th stating 'further to my recent comm & as requested they have reopened my complaint & a further review is being undertaken'

 

says they will respond shortly & in due course - better hurry as prelim expires this weekend!

[chezt]

Nothing in post today ... preparing LBA with tommorrow's date on so onwards we go .....

[chezt]

Rec'd leter today from Neil McKirdy (Anyone had dealings?) with a cheque for £170.00 in full & final settlement and without admission of liability etc,etc. It also states that encashment would be taken as acceptance. Says bank would like to resolve without the disproportianate expense of copurt action. Also states the letter is written in an attempt to resolve without need for court action & is without predjudice to the banks whole rights & pleas and may not be founded on in any action to follow without the banks written consent (does this mean a copy can't be sent to court as evidence?)

 

Obviously will do a refusal letter stating cq would only be accepted as part payment but what do I do with the cheque? Very tempting isn't it when it's in your hands! :-|

 

Any comments on how to approach?

[chezt]

Obviously will do a refusal letter stating cq would only be accepted as part payment but what do I do with the cheque? Very tempting isn't it when it's in your hands! :-|

 

Any comments on how to approach?

 

Wot if I keep the cheque but don't cash it & state something in my letter to the effect that I will withold until I receive another for the balance etc?

 

I really am loathed to tear it up n send it back!

[chezt]

you know you've got to send it back don't you.....it's not worth anything anyway if you keep it without banking it - they could put a stop on it.

 

Send it back, think how it would feel with a cheque in your hands with the full amount!!

I tore mine in 2 and off it went

 

oooaaaaahhhhaaawwwww I knew u were gonna say I'd av to send it back oh well, spose it's nice to see as a starter ... can I keep a photocopy? PMSL!

[chezt]

oh forgot to add they also say this in the letter ...

 

'Further, even if you were successful in your arguments the bank would have a claim against you for dmages suffered as a result of your breach of contract in failing to adhere to the terms & conditions of the account. Such a clam would incur court costs & interest for which you may be held liable' :o

 

Sounds pretty serious - is this standard scaremonger stuff?? :-?

[chezt]

Does this reply sound ok or am repeating myself too much???

Thank you for your letter dated (DATE) and your cheque for £xx.xx, relating to my request for repayment of charges. I have noted the contents of your letter and I respectfully decline your offer of settlement and I will only accept the sum offered as part settlement.

Because you note in your letter that encashment of this cheque will be taken as an acceptance that you have resolved this matter, I have taken the decision to return this cheque on the clear understanding that I will pursue recovery of the full amount, with a County Court claim if necessary. I therefore have attached the cheque torn in two, and request, once again, that you return to me the total sum of my claim.

If you do not comply fully within the 14 days as stated in my Letter before action dated (DATE), then I shall begin a claim against you for the full amount including interest (currently standing at £xx.xx as of today’s date) plus my costs and without further notice

I trust this clarifies my position. I look forward to receiving your positive reply but as stated in my previous correspondence, should my request not be settled in full, I will proceed with my County Court claim on (DATE). You are reminded that there will be no extension to this timescale.

 

Yours faithfully

chezt

please be honest - I can take it! :-|

[chezt]

Caro so just ' I decline your offer of settlement ' then? ie don't be respectful?

 

Oh the counterclaim stuff sounds a bit scary - do they have a case or is it all delaying stuff?

[chezt]

I think it was a bit repeated in places.

 

PS Don't worry they're talking out of their bottoms. What damages? The interest you pay on your overdraft is enough to compensate them for going overdrawn!

 

Thanks bong - This is a credit card claim so do you still think it's ok?

(cheers 4 coming back to look btw )

[chezt]

Thanks for your help - off to tear up my cheque n shed a lil tear

 

Be smilin when I get the bigger one tho eh!

[chezt]

The defence says we deny the charges are unreasonable, we deny the t's and c's are unfair, we deny anything you claim. The counterclaim says if you win we want to claim our money back in full for costs, or damages or any other reason we can think of and we want section 69 interest.

 

I really can't get my head round the interest because that is to compensate for not having the money in the first place. But they have had it all this time. Pure twaddle!

 

Twaddle indeed!??!

I was reading your thread earlier actually & it does seem like ur getting the runaround a bit - do your think they just pick on a few claims to 'play with' for amusement?! Hang in there - I'm sure u'll win - let's face it u have plenty of folk on your side with loadsa tips n knowhow etc

[chezt]

Bong if I understand u then basically if Caro wins they want compensation for what it's cost them to defend, which they wouldn't have had to do if they hadn't made the charges in the first place ... nice one! :-|

[chezt]

TBH I would be surprised if they counterclaim yours chezt but we will help if they do, so don't worry about it.

 

Thanks - that's good to know!

 

if you win & they counterclaim for their actual costs then that's ok isn't it! it only REALLY costs about 50p per charge n I'm sure you could afford to pay the actual charges outta your settlement - After all none of us are denying we don't mind paying for the ACTUAL costs are we ...

[chezt]

its not the costs of defending the claim (although they are probably intimating that they would win those as well), but the costs of the breaches, ie the late payments or whatever. They're saying that they will be entitled to damages for those breaches in addition to the interest you're paying on the debt.

 

Gotcha! Well as I posted to Caro - none of us mind paying the actual costs do we (outta our settlements of course) Actual costs should only be a few quid outta our payouts anywah eh!

[chezt]

Righto update on me n my claim ... letter refusing settlement posted recorded delivery today with a torn in two cheque attached!

 

I couldn't do it tho - I got hubby to do it! PMSL!

[chezt]

ROFLMAO. I'm so glad they have never sent me a cheque. I think I would struggle too.

 

I'm not kidding either! I just couldn't! :-|