Homer J v YB - ANOTHER ONE BITES THE DUST !

[homer_j]

Well you may have read through other peoples posts that my partner and I are in the process of reclaiming some charges from the Yorkshire Bank. To briefly outline the story so far:

 

DSA = Data Subject Access

ICO = Information Commissioners Office

 

Wrote to bank asking for a DSA.

Response - no can do

Spoke to bank to discuss DSA

Response - still no can do

Letter confirming this and cheque returned.

Spoke to ICO - was told to put copy transactions rather than Statements

Letter to Bank to request copy transactions

Complaint lodged with ICO.

Estimated Charges guessed by us and court claim started.

Still no response from bank after 40 days

ICO spoke with bank - no response after 14 days

Contacted ICO - ICO advised they would make contact with bank

Bank contacted me to say they would give copy of transactions within 7 days

Bank Acknowledge and Defend Claim. Instruct external sols with list of transactions.

Copy Statements for one account and not other 3 arrive on doorstep 7 days later.

Correspond with solicitor having seen defence filed and sols ask for 1 month stay.

Still waiting copy statements from bank for other accounts.

 

So this is where we are today - our one month stay officially ends over the weekend and I am told by the solicitors that an offer is in the post. The offer has transpired to be less than the actual charges applied against our account 4 years ago, no offer to reimburse court fees or anything - another delay tactic! Do not go there if anybody else gets this far!

 

I have told them that we are unable to accept anything less than the actual losses incurred and gave them until close of business today to make that offer to avoid a court hearing. No response so it now seems as though we are going to have to go to court.

 

Maybe we will be the landmark case? Anyway, I am really looking forward to it and I know that we have the sufficient ammo to argue these punitive and unlawful charges.

 

I will keep you all posted on how it goes.

[Spiceskull]

Blimey. When you say 'going to court,' do you mean you will be raising the claim on Tuesday? If so, then it is a fair bet that they will settle quite soon.

 

But anyway, good luck...you are obviously very determined to get your money back.

[homer_j]

Blimey. When you say 'going to court,' do you mean you will be raising the claim on Tuesday? If so, then it is a fair bet that they will settle quite soon.

 

But anyway, good luck...you are obviously very determined to get your money back.

 

The banks sols asked for a 1 month stay, I agreed as I thought the sols had realised what a mess the bank had made of all this. We have failed to reach an agreement as their offer was about 50% of what I needed to claim my charges back and court fees. I now have to write to the court and say that mediation has failed and I want a hearing!

 

I am determined and I really think that they want to go for it. I did put in my last letter to them that I was not afraid to be the landmark case should they proceed to gain an actual judgement - which I am not.

[Spiceskull]

I think that they have shot themselves in the foot. You indicated that you would raise a claim, they requested a stay, and you granted this to them. As far as the judge is concerned (assuming it does get there) you have been more than reasonable, have acceded to all requests for more time, and have explored every avenue to settle without recourse to court.

 

I think they should just cough up now, and save embarrassing themselves further. But good luck nonetheless.

[homer_j]

I think we stand a good chance too.

 

I just hope that their legal eagles dont start baffling us with all the legal jargon. I guess, I will just have them to get them to explain everything if they do!

 

I have a few points that I want to focus on and I know its all about getting the judge to side with you over the other party and believe I can do this with

 

Failure to comply with DPA

Failure to supply information required

The fact that they have admitted that the charges they applied were pre-estimates of losses and not actual losses.

The whole contractual law and liquidated damages argument too.

 

I have supporting letters from others where they are still refusing the DSA requests to their customers.

 

I hope that I can paint a very nice picture.

[caro]

Cool! Go get 'em Homer. I would have thought that if they try and baffle you with legal jargonese, any reasonable judge should ensure that you are able to understand them. Not quite the same I know, but my son was recently a juror on quite a big case, and the judge explained everything to the jury so they understood all of the legal side. We await with bated (NB Spiceskull) breath.

[JMio]

Good lad, get bloody stuck into this horrible, disgusting lot!

[natalie]

The judge wont allow them to confuse you, he/she will explain everything to you in layman's terms. In fact in my experience of self-representing (it was actually in a family law case) the judges get really narky with solicitors/barristers who try to get the upper hand by using legal jargon.

 

I dont even think it will get that far though, I think they will settle before you get there.

 

Good luck

[wycombemariner]

I'll not be far behind you fella. They're already 3 days past the last deadline i gave them, but they have now said they will get back to me but need more time. i am giving more time in the hope it works for me should the case go to court. i will be taking paperwork and fee's to court next monday at 9am if i haven't heard from them by then!

[homer_j]

Bank agreed to pay up today... Looks like I am no longer off to court.

[JMio]

Brilliant!

 

Was that after your estimated claim? Have they paid out on the full amount?

[homer_j]

Yes we had a pre-estimate amount. The amount was not correct and they finally sent copies of all statements for us to check. They offered us a portion, we kindly said no and told them that the only acceptable resolution was full payment plus the court fees that we had incurred.

 

Having received the accurate figures plus interest they decided that "without prejudice save as to costs" that they would accept this rather than go to court.

[caro]

Well done. Seems it was a case of wait and see whose nerve would hold out the longest, and you have won hands down. Of course you did have right on your side as well.

 

Don't forget the survey and I am sure a donation would be appreciated.

[trundlecat]

Brilliant Homer J, well done!

[hilaryfrances]

nice one congratulations, they are real bullies taking you to the wire, you held firm and won through in the end. well done matey

[Bookworm]

 

 

(Have changed title for you, just to make sure it gets noticed!!!!)

 

.

[JMio]

Excellent work Sire! Congratulations and be sure to raise yourself a glass of whatever poisen works for you on my behalf!

 

Finger crossed in a few weeks I'll be part of this fabulous club too!

 

Again, well done mate - thanks for your help too, not sure I'd be making as much progress against this lot without it.

 

[homer_j]

You give me more attention than I require. lol

 

Thanks to all the support and I will be donating shortly... Yorkshire or clydesdale will not resist and I hope that EVERYBODY PERSISTS

[caro]

You do deserve it. Don't forget the survey too if you haven't already done it.

 

What with this, and suddenly agreeing that they will respond to DPA requests (as if they have a choice )YB and Clydesdale are finally beginning to toe the line.