Tools vs Yorkshire Bank - Round Two

[Tools]

Ok started the ball rolling towards reclaiming charges on both my personal and joint accounts . Here is the progress so far :-

Modified Subject Access Request letter sent as follows in the link below


http://www.legal-beagles.co.uk/forum....html#post4965

[Tools]

Received a phone call from my local branch Customer Services Officer , 13/4/07 , stupid me didn`t include the £10 cheque in my S.A.R. So sent back this letter with the cheque enclosed

Please find enclosed the cheque for £10 as requested in your letter to me dated 10 April 2007 .

May I also confirm that I require all data held by yourselves dating back as far as possible and not just information on charges levied.

If you are unable to provide me with a full history dating back to when I first became a customer of Yorkshire Bank , would you please confirm in writing why , when and how that data was destroyed .

My thanks in advance and apologies for the absence of the cheque in my original request.

Yours sincerely

[Tools]

As of today no data has been received from Yorkshire Bank relating to my S.A.R. so this Non-compliance letter is going in the post tomorrow .

Thanks to Cetelco for the basis of the letter which I have adapted to suit my needs .

Available too see in the link below

http://www.legal-beagles.co.uk/forum....html#post4966

[Tools]

Oh I forgot to mention.

In between all of this I went £40 into my £400 overdraft on my own personal account that they had removed the overdraft on only days before . This started a string of £8/day charges . After noticing this I repaid the £40 into my account and point blankly refused to pay the charges and asked them to close the account there and then . They refused to close the account until there was a £0 or positive balance on the account so charges continue to be applied . I therefore sent this letter

25th May 2007
Sort Code : XX-XX-XX
Account Number : XXXXXXXX

Dear Sir ,
I write this letter to ask that you close the above account with immediate effect as per my discussion with you earlier last week.

I would also like to clarify that any overdraft to be settled on the account is made up entirely of penalty charges and debit interest thereon.

Further to recent publicity, and the Office of Fair Trading report dated 5th April 2006, I am aware that the penalty charges you have been applying to my account are unlawful. These charges have been levied on my account following the removal of my overdraft facility by yourselves after I previously made arrangements to clear the debt . If you contest these are penalty charges, please supply me with a copy of the terms and conditions from the time my account was opened and any changes since . As disproportionate penalty charges, I also request that you provide me with a full breakdown of the costs you have incurred as a result of my breaches, in order to show the level of charge reflects your actual losses . I believe your company has in place a system named Cynthesys to calculate such costs.

I would therefore like to point out that any outstanding debit to my account is punitive in nature and unlawful at Common Law and Statute .

Additionally if you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you have applied unlawfully to my account.

In addition to full refund of the debit mentioned above I require that you remove any default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require settlement of this account and removal of any default notice . If you do not comply fully within 14 days then I shall begin a claim against you for the full amount, within the Wakefield County Court without further notice , as I have already done previously which lead to the repayment of earlier charges to this account plus interest persuant to s.69 of the county courts act 1984 and court fees.

You are also reminded of my request that you forward a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the Office of Fair Trading's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.


Yours faithfully,

[hels bells]

hi tools

as you may or may not know i sent another SAR to barclays requesting all banking history stuff, letters, contracts, faxes, statements since openig our account, the 40 days ended monday gone and i received nothing. In my last claim where we all now i lost in court, they had sent me 6 years statements , do you think they feel they have honoured my request back then therefore they are ignoring me? Should i send LBA from this site? What do you thinks tools?

hels

[Tools]

Ok quick update , submitting claim in court on friday for non compliance with my SAR if I don`t have the statements in hand 1st post on friday.

It also includes a claim for damages for time spent etc etc so if I haven`t got ALL my info by them it will end up costing them even more and probably ruining their chances later on when i submit my charges claim . The Judge in Leeds ( Roger Kaye ) doesn`t seem to like them much so it`s just another thing to hit them with if they haven`t complied by friday

[Fendyweather]

Oooh tools I read this thread and I just get giddy with excitement. Oooooh waiting waiting. Like you they have promised me info by Tuesday Wednesday this week at latest. So like you if nothing, I will be filing at court for their non compliance too. Ooooh could I use Leeds to submit my claim, even though Im in Haworth (Keighley Court), although Keighley have been good to me so far court wise, They give ace directions prompting banks to take action sooner rather than later, ie. they dispense with AQ's, they order direction by telephone conferences and they do make the bank squirm at those conference. I know, Ive had one.................. and Cobbetts squealed like a pig. Lol Lol Lol xxxx

So I do think Keighley tend to dislike the banks too, but you can never be too careful. Fendy xxx

[Tools]

Re: Tools vs Yorkshire Bank - Round Two

Finally received the last of my statements earlier this week , they have been arriving steadily since last week .

After being persistent with Gordon Watt in Glasgow ( who is very very helpful so if you speak with him please be courteous and send my regards as Fendy did today )

I have also discovered , and do not be afraid to point this out to Mr Watt , that YB keep data , or statement details , dating back 21 years . As my personal account was originally opened in 1988 that means I now have every statement from statement number 1 to present day .

I have also learned that the companies responsible for printing off the copy statements (although not confirmed and what relevance this has i don`t know) are :

• Pitney Bowes for statements dating back over 6 years

and

• C.F.H for statements up to 6 years

The statements up to the end of 1995 appear to be print offs of screen dumps and have screen areas cut out of the A4 sheets (probably system/login data) but do show any transactional data you may need.

I have now gone through the laborious process of highlighting any items I may need charges , loan dates/agreement numbers , etc.

I`m in the process of transferring any reclaimable charges etc onto one of Legal Beagles` Spreadsheets / Schedule of Charges and the figures are looking very favourable to me . If Yorkshire Bank decide the do not want to settle this before I enter a claim into court then the total amount will nearly double the amount of charges if you include the statutory 8% interest , court fees and costs that I will be adding . So if they want to play hard ball and not wish to settle before I enter my N1 Form then all the better for me , even if I have to await the outcome of the Test Case which any stay they apply for will be requested to be dismissed before they even ask .Will keep everyone up to speed and in the meantime KEEP ENTERING YOUR CLAIMS INTO COURT.

I also asked for audio copies of any recorded telephone calls to which I was sent a CD in .wav format and will be supplying Gordon Watt with details of loan account numbers and dates to request details of those loans including any PPI taken out on them . I would advise anyone sending off for data to complete a Full Data Subject Access Request asking for every piece of data from your bank and not just copy statements as you would be surprised what you can unearth unexpectedly but that is something I will keep under wraps for now until do a little more research how very naughty and silly of you YB , this was something I actually stumbled on during my original claim but never pursued maybe this time I may use it as leverage to bring an early settlement .

[Tools]

Re: Tools vs Yorkshire Bank - Round Two

Prelim letter gone in to branch today . Highlighted that it would mean a big saving for them if they settled before court stage ( due to amount of interest and costs that would be added) but if I have to wait for the conclusion of the test case then so be it . Even if the `supposed` £5 fee is decided then I still stand to get more back by waiting until after the test case is settled . I`m in no rush and I very much doubt YB are . It would make more sense to them to settle before court but since when have YB ever shown any signs of that.

I also have a reserve `Ace` up my sleeve to use thanks to a `friend` at the YB
( thank you btw you know who you are and I know you are reading )

Here is the letter handed in to my branch today

Mr.Tools
Email:Tools@LegalBeagles.info
The Branch Manager
Yorkshire Bank Plc 23rd August 2007

Request for the Repayment of Charges and Debits

ACCOUNT NUMBERS:
xxxxxxxx Mr. Tools
xxxxxxxx Mr. Tools and Mrs. Tools


Dear Sir,

I am writing to make initial contact regarding the amounts debited from the above accounts and have included a schedule highlighting each amount date and description.

I have been aware for some time now that these charges are unlawful at Common Law & Statute. This is further reinforced by the Office of Fair Trading report of 5th April 2006 which concluded that these charges are unfair to the consumer. If you believe that they are not penalties, then will you please demonstrate this by giving me a full breakdown of the costs you have incurred as a result of my breaches, in order to prove to me that your penalties really do reflect your actual losses.

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

Despite requests by thousands of customers, you have refused thus far to disclose the true nature of how these charges are calculated. This conduct is deceptive and has prevented me from asserting my rights until now.

I have previously entered into litigation on two cases with yourselves for charges and interest levied on both accounts Court Case No.s 6WF02389 and 6WF02390 later transferred to Leeds Mercantile Court as Case No.s 6LS40677 and 6LS40668

I calculate that you have debited a total of £2487.44 from both accounts. If I were to again enter into litigation through the courts I would also be seeking section 69 interest, currently at the rate of 8% , amounting to a further £1270.15 and any Court fees incurred thereafter. Therefore the total I would be requesting at litigation stage would be £3758.19. I attach a schedule of the charges which I am claiming with this letter which also indicates the calculated Section 69 interest.

I am sure you are aware that an offer of settlement before litigation begins would indeed be beneficial to both parties , with this in mind 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 a refund.

I realise that there is currently a test case being brought by the Office of Fair Trading and the Financial Ombudsman Service within the Commercial Court, the results of which I understand may not be ultimately determined until February 2008 at the earliest. Even if this were to be a speedily concluded case, delaying any litigation will only seek to increase the accrued interest and will, therefore, bring the total amount claimed to an estimated £3857.79.

At this stage I seek a refund totalling only £2487.44, without the need to incur any additional costs or take any of the Courts valuable time.

If you do not respond, or you do not respond positively to this letter within 14 days, I reserve my right to issue proceedings for the full amount.

Yours faithfully,

A big thank you to Amethyst and Amy for trawling through it and correcting my crap grammar

[iancognito]

Re: Tools vs Yorkshire Bank - Round Two

Update?

Come on, keep up!!!! msl: