ICY m-i-l -V- Yorkshire bank claim 5

[ICY]

SAR sent yesterday recorded delivery

 

Delivery confirmed today

 

They now have until the 28nd May to respond

[digger80]

good luck with your claim.

[ICY]

Reply to S.A.R - (Subject Access Request) received today, saying they confirm receipt of cheque for £10 for the SAR fee, however they are saying that they have 40 days from the date the fee was paid not 40 days from when they received the cheque, if they got the cheque then sat on it for 2 weeks without cashing it as most of the claims i am doing have, they are then thinking that will give them extra time to send, is this correct procedure.

 

The actual wording is "Within the terms of the act we have 40 days from the date the fee was paid" obviously until the cheque clears th fee hasnt been paid, is this an unlawful practice should it go over the 40 days from them receiving the SAR by recorded delivery ?

[moss]

The 40 days are calculated from the day your request is received with the required fee and the necessary information to confirm your identity

[ICY]

Story so far

 

17th April S.A.R - (Subject Access Request) sent along with cheque for £10 (to date uncashed)

 

18th April SAR confirmed as received by Royal mail

 

21st May SAR reminder to be sent

 

28th May deadline for SAR

 

 

 

To be continued .....

[twoofus]

They are just trying to give themselves more time as it seems they are struggling to supply peoples details within the 40 day period, I wonder why, anyone would think they had been inundated with DPA applications for some reason.

 

You go from the day they receive your S.A.R. and fee and not from when they decide to cash it. Problem is at the moment that they aren't meeting the 40days anyway and they really don't seem that bothered about it either.

 

Should they not fulfill their obligations report them to the ICO and also try the link below.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/85275-yb-exceeding-40-days.html

[ICY]

Thanks for the info twoofus may be worth following up if they dont respond in time.

[ICY]

Received the following couple of days ago

 

Dear....

 

RE Charges claim

 

I refer to your recent letter regarding the charges applied to your bank account.

 

During this time, the relationship between you and the bank was governed by the banks standard terms and conditions. Those terms and conditions provided that:

 

(1) Free banking is availabke while your account remains in credit or within an agreed overdraft limit.

 

(2) You must obtain the banks agreement before going overdrawn on you account.

 

(3) If the bank made payments from the account or paid cheques which were guaranteed by the associated cheque guarantee card when thre were insufficient funds available, any overdraft created or any overdraft which exceeded an agreed overdraft limit would be unauthorised.

 

(4) If you drew cheques or authorised or made payments without sufficient money available in your account, taking account of any overdraft limit and allowing for uncleared cheques, the bank might return the payments and make a charge for doing so.

 

(5) Charges and interest applicable to the account were published in the form of tariffs and up-to-date tariffs were available in branches and from time to time enclosed with bank statements.

 

(6) Where appropriate, written details of overdraft charges and debit interest incurred on the account during the previous charging period(ie the previous month) would be sent to you at least 14 days before the charges and interest were deducted from your account,

 

(7) If the account had an authorised overdraft, additional charges might be levied which would be debited to the account on the day on which the unauthorised overdraft was created.

 

(8) If the bank increased a charge for a basic account service, the bank would give you at least 30 days notice.

 

I would note that the terms and conditions complied with all relevant requirements of the banking code.

 

As i am sure you will appreiciate, you are responsible for running your account, and for ensuring that sufficient funds are in your account. As stated in the Terms and conditions governing your account with the bank, you have been made aware that charges will be incurred if insufficient funds are in The charges applied to your account were applied in accordance with the Terms and conditions, as a result of your operation of the account.

 

Further, the terms and conditions were fair having regard to the following matters:

 

(a) The costs to the bank of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible.

 

(b) The need to operate standard procedures and to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case.

 

Taking all of the above into account and having regard to the information that you have given, I regard to inform you that i am unable to refund the charges on our account.

 

If you have any additional information that you wish to provide please do not hesitate to write to us quoting the above reference

 

Yours sincerely

 

( incomprehensable scribble)

 

Advice Quality Unit Charges Section

 

Not even the decencey to give the name of the sender

[ICY]

N1 going off in the post today, got carried away with abbey and hsbc time to catch up with the rest of the claims now

[moneyhelp]

You have a claim in here too!

 

 

I am further down the page, you are ahead of me.

[ICY]

LOL i have a claim nearly everywhere moneyhelp

 

I have

 

1 @ Abbey

1 @ Capital One

5 @ HSBC Just waiting for cheque on one of them

2 @ Yorkshire Bank

2 @ Barclaycard

1 @ Barclays

2 @ LTSB

[moneyhelp]

Good grief :o

[ICY]

What can i say, i like a challenge lol

[ICY]

N1 received by court yesterday, tick tock tick tock, will they, wont they pay or do they like to drag it out

[georgieboy]

YB like to take it to the wire - I think it makes them feel as if they are still in control!!

[ICY]

Why oh why do i seem to have been given the hardest possible banks to fight lol

My claim with abbey is the same, they drag their heels all the way, got 4 claims with HSBC who apparently are the same, now i can add YB to the list of banks i am going to be annoying with my emails then can i lol

 

I have heard some banks are really good at settling before court, why are they non of my claims lol

 

Although HSBC DID settle father in laws claim before I had even filed it at court, but he lost about £200 by accepting their offer, i tried to get him to hang on for the remainder and the interest but he wanted to take what they offered.

[moneyhelp]

Halifax cave in pretty easily - Barclaycard on the other hand

[ICY]

Halifax would wouldnt they, seen as i dont have any Halifax accounts lol

[ICY]

N1 received by court 2 days ago, mil has just phoned and YB have sent her a letter with a cheque for £166, claim amount on the N1 was £407.74 will post the wording of the letter once i get it from her tomorrow, bet it says something along the line of we are right, you are wrong, but we are not so sure we are that wrong, so heres a carrot waving at you to try to get you to drop the case.

 

Rejection letter will be going off in the post, once i see what they have said, is it better to return the cheque to them than to cash it and continue claim for the full amount

[ICY]

is it better to return the cheque to them than to cash it and continue claim for the full amount

Anyone ?

[georgieboy]

Myself I would cut the cheque in half and send it back - as if you hang onto it YB may say you have accepted full and final payment..

[ICY]

They are deff getting the cheque back, after reading the letter they sent with it. The cheeky £$^$£"s

 

RE: Credit card charges claim

 

We refer to your letter dated 29th May 2007.

 

The responsibility to maintain the account within an agreed credit limit lies solely with you as the account holder. On occasions, transactions were made which resulted in the credit limit on the account being exceeded. As a result charges were incurred by you and the level of those charges is well publicised.

 

In april 2006 The Office of Fair Trading (OFT) produced a statement of principles relating to Credit Card default fees to protect consumers from being charged unfair amounts. Based on the comments in the OFT statement, the banks default fees have subsequently been reduced to £12 which we consider to be reasonable.

 

The Bank would like to resolve this matter with you in an amicable manner and, having regard to the conduct of your account and the OFT Statement of Principals it is prepared to make an ex gratia payment to you(although this does not admit liability) in the sum of £166 in full and final settlement of your claim. This offer is entirely without prejudice to the banks view that the charges were properly charged for the service that was provided to you. A cheque for that amount is enclosed and its encashment represents your agreement to the matter being finally concluded

You should take independant legal advice or contact your local Citizens Advice Bureau if you are unclear about any of the terms of this letter.

 

If you are unhappy with the way in which your complaint has been handled or the outcome, you may now refer the complaint to the Financial Ombudsman within six months from the date of this final response letter to you. Their address is South Quay Plaza, 183 Marsh Wall, London, EH14 9SR. A leaflet issued by the Financial Ombudsman Service is enclosed for your information.

 

If you have any additional information that you wish to provide please do not hesitate to write to us at the above address quoting your reference number.

 

Yous sincerely

 

David Robinson

Manager

Customer Relations

[ICY]

Rejection letter done, cheque torn in half and stapled to rejection letter, YB told to cough up full amount or go to court.

 

Re: Account Number XXXXXXXX

Response to settlement offer.

 

Dear Sir/Madman

 

Thank you for your letter dated 10th July 2007 which I received on 19th July 2007. I respectfully decline your offer of £166 as settlement of my claim and i am hereby returning cheque number XXXXX Dated 12th July 2007 which you sent me, for security reasons the cheque has been cut in two.

 

You should however be aware that proceedings have since been commenced in the County Court, notification of which will be forwarded to you in due course by the Courts.

 

My claim is for £407.74 including 8% Staturtory interest as per s69 of the County Courts Act, and this claim will continue until payment is made in full.

 

Alternatively, should you wish to settle my claim in full, then please forward the balance of the claim £407.74 (plus interest at .08p per day from the 16th July 2007 until such time as settlement is made) without further conditions and I will inform the court that the claim is settled.

 

 

I trust this clarifies my position.

 

 

Yours blah blah blah

[ICY]

rejection letter, with their cheque has been received by YB yesterday, are they likely to bother responding with an updated offer now it has been filed at court, or is it just another case of sitting it out

[ICY]

Notice of issue received this morning, claim deemed served 26 July(took their time i filed the claim on 16th July), YB have until 8th August to acknowledge claim, if they then want to defend they mst do so by 22nd August.

(this claim is for a credit card account not a bank account)