alymac v yorkshire ***WON***

[alymac]

hi, new on here and getting excited about getting one over on the these modern day edit.

 

i paid far to many charges with yb untill i moved to the hailfax and gave them a shot off ripping me off.

[diddled]

Hi I'm a bit confused by your post.

Are you saying you had a £8,000 Loan in a separate YB account, and that you were maintaining the repayments ?

Was this a secured loan repayable on demand?

Are you able to explain further just what happened

[alymac]

hi, i owed yb £8000 in one unsecured loan, i had new acc with the Halifax witch was my main acc and the old acc with yb that i was not using but was still active.

 

i sold my house and paid into the yb the full amount off the loan, i did not want to pay off the loan as i would have only saved £400, i thought it would be cheaper to use this money if needed and in the mean time still pay off the loan monthly,

 

well they took upon them selfs to pay off the loan cause it was for the same amount as the loan,i did my consent in any way to this. they did apologies for their error but not willing to undo their mistake.

 

now i will taken action to recover all my charges i paid to them,

[norvernrob]

Definitely go after them for any charges. You can still claim even if you don't know the account number, I am in the same position. They replied with a letter saying they needed the account number - I sent them a letter back saying no they didn't, they can find my account with the personal details I supplied. Had a phone call and they are now working on getting the statements.

 

They are terrible for taking money, 5 years ago they took all my wages to pay off my overdraft, then closed the account - all without any notice whatsoever. I had to borrow money to live on for a month!

[alymac]

Posted out dpa request on wednesday 7/6/06 and got a reply today sat 10/6/06, which was quick, but they said as i did not supply them with my account number they could not find my details with the information supplied, i have now managed to find my old account number from my pension document,so i will write back to them with this detail, stalling or what?

[caro]

I suggest you point out to them that the 40 days they have began when they received your payment. It doesn't start again.

[alymac]

hi, thats handy to note, stops them dragging it out i soppose. but to say they cant find the details i gave them all the address that i lived in when i had this account,sould i state that the account was closed in 2002,

[caro]

It wouldn't hurt, although now you have the account number it will be easier.

[alymac]

forgot to say they also posted me back the cheque i sent them, does this mean i have to start again,

[caro]

I think it probably does.

[alymac]

New dpa request on its way to the yorkshire with my recently found account number. lets see them try and get out off this again.

[alymac]

got bank statements today for account one from the yorkshire.

 

took only 10 days for them to come.

 

counted up £463 worth off charges.

 

i had one more account and a cc with the yb, i dont have these account numbers,they say they need them,

[alymac]

Letter sent - preliminary approach for repayment sent, 26 /06/06,account 1

 

 

also found another account number that i had with the yorkshire got this from my previous employer so no more crap from them, will send off dpa for this account as well, account 2

[alymac]

i have received an offer from the yorkshire on one off my claims. they are offering half my charges back, £236 on my claim off £477, wrote back accepting this but would still carry on my claim for the rest, they also enclosed a cheque for the £236.

 

not heard anything on my over account which im claiming £1411.

[alymac]

im trying to fill out the online money claim form, i wanted to check a few things before i sumit it, 1. the £199.25 is my total calculated interest at 8%. 2. whats the daily rate as i tried to work it out from my charges ie 25.00 / by the # of days and another one they came out differently.

 

I had a contract with the defending bank

and which is conducted on their standard

terms and conditions.I am claiming the

return of the money taken by the defendant

in the way of charges from 1/6/00 to the

26/9/01 plus intrest they have levied on

the charges.The bank's charges are a

disproportionate penalty and therefore

unenforceable as they are contrary to

common law. Further, as a disproportionate

penalty they are invalid under the Unfair

(Contracts)Terms Act 1977 s.4 and under the

Unfair Terms in Consumer Contracts

Regulations 1999.Para.8 and sch.2(1)(e).In

the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15. I have repeatedly

asked the bank to justify their charges but

they have declined to do so.claimant claims

interest under sec.69 of the county courts

act 1984 at a rate of 8% a year from

17/05/2000 26/09/2001 of £199.25, and also

interest at the same rate up the date of judgment or earlier payment at a daily rate of ??????

[alymac]

moneyclaim served 6qz53180 for £671 on 8/8/06

[dan-rides-bikes]

another !

 

welcome to the club

[alymac]

hi, just had a though, i have two accounts with the yb that im claimming for, one has been submitted and the other is awaitting a reply after issuing my lba, my questions is how will they sort out which claim is for what as my money claim does not referer to which account,and the amount is greater than the charges because of the interest,

[dan-rides-bikes]

you didnt put your account number in the claim form ?

[alymac]

no i never had enough space

[dan-rides-bikes]

why what else did you put ? the account number is only 8 digits long id have thought it would have gone somewhere

[alymac]

hi dan, its on post 15, it worked out to 1080 letters, i could do with a sorter one as im submitting 6 more claims this week.

 

as for the other yb account i could tie this claim up to an account number then they can work it out for themselfs,

[alymac]

Claim is in now in.

i was reading up on money claim site, it states that if you receive any monies to let the court know asap,

well i have had a cheque from the yb half the total amount which i received before i made a claim,

 

it states encashment of the chq accepts full an final settlement, so does this have to be encluded,

 

it not a straight forwrd payment as it has condition attacted to it so i cant cash it. so its not a payment to my claim?

[caro]

Did you claim for the full amount, or the amount less the cheque?

 

For simplicity it might be best to return the cheque if you claimed the full amount with a letter saying that you do not accept their terms and have put in a claim for the full amount.

 

If you claimed the charges less the cheque write and say thank you for the cheque which you accept as part settlement but will be pursuing the balance through the court. You wouldn't need to notify the court of this if you hadn't included it in your claim.

 

I strongly recommend that you do not put in too many claims at once as it could get confusing dealing with too many cases, especially as court dates approach and you need to prepare for court in the unlikely event of it getting that far. I would have thought that your account number on your particulars of claim was very important and you should have made sure that such basic information was available for the court or you could jeopardise your claim. You cannot take this so lightly. If you cannot sort it on line maybe you should fill in an N1 and take it to the court as you have more room for particulars that way.

[alymac]

claim was for the full amount, i will send back the cheque stating that i dont accept the terms impossed, i did amead the claim form on line, you can change the title of the claim which shows up on the form.

 

i take your point on to many claims, which is why im waiting on my other claim with yb to put in.

 

im well prepared on my paper work side, need to spend time now reading up on the claim procedure,