Yorkshire bank default issue

[leggoman]

Thankyou for reading this, any help would be gratefully received.

The basic story is, that a previous branch manager - now left YB- advised me in no uncertain terms to let my overdraft go to collections as " I would have in effect an interest free loan" and the balance would reduce quicker.

The bank had recalled my overdraft because I hadn't used the account for a while. She knew why too. She had been on a long leave and her stand in had been really quite rude to me on the telephone and as a reaction I said " then ill go elsewhere" she replied " suite yourself" So I did!

The regular manager returned after some months and telephoned me. " why aren't you using your account anymore?" - after nearly 20 yrs at the bank- She obviously realised something was wrong. I told her the story and she suggested she gave me some time to return to the bank and spoke with her superiors and got the demand for immediate repayment of the overdraft removed.

Some months later she contacted me again to arrange a payment plan to "reduce" the overdraft. not in its entirety just reduce. I didn't take this arrangement too seriously in terms of it being carved in stone as we had a friendly and un professional conversation, in other words like friends if you like. Unfortunately within a couple of weeks I lost a part of my income and telephoned her straight away with the bad news. I said I of course could pay something off regularly but not the amount we had discussed for now anyway. - I was trying to keep it a sustainable regular amount - rather than failing on a larger amount, besides it was still at that point a regular current account with overdraft.
I did not receive any confirmation in writing regarding the agreement nor any advice regarding what may happen if i were to break it. Looking back i feel stupid and feel i should have been less trusting but my old fashioned trust in my bank manager took over.

At this point she said she would contact whoever and get back to me, she advised it might be a good idea to let it go to collections with the account because it would be interest free. yes I would loose the bank account but no matter. no it wouldn't incur any charges and no I wouldn't have a bad credit file.
I also advised her I was leaving for some overseas work to last maybe 2 months and if she wanted to discuss it further she would need to email me. She agreed and wished me well.

After several weeks I had heard nothing and so contacted YB head office by way of 2 emails obtained from their main web page. These emails - although I learned later is on my file - was not responded to.

I returned from away and received a regular call from a 0141 number. this had gone unanswered by me a few times over a week because I get 10 or so calls a week congratulating me on my latest accident or the fact I HAVE pots of cash in unclaimed PPI waiting for me. Anyway I took the call. It was a lady from YB collections. I greeted the call with "wow at last you decide to contact me" Agreement made. Job done I thought, no problem. september 2012

December 2012. Late payment markers and default notice on my credit file. BOOM. I contacted the complaints straight away. Manager called me the next day from the branch in question. very friendly and apologetic of any shortcomings in service i had experienced, with reassurances of no,no,no its not right i'll get that removed. Gave me £50 for some charges I received while working away because she said ,yes sorry, I should have called. "oh by the way, its my last day today. XXXX is my replacement." I wished her well and assumed credit file will be in order soon enough. NOPE

In January I took it up with YB collections and they helped me lots, passed it to the new branch manager and between them, late payment markers and default removed.. job done.....

Default reappears. but I'm still paying. Ah its computers automating the application of the default because there is still a balance outstanding at collections. Branch manager suggests a new account and a small overdraft, paying off collections and thus reinstating me as a customer. good solution all round. Until credit sanctions get involved. rejected based on the fact I took my salary elsewhere in the beginning of all this. Result the data guy now explicitly refuses to remove the default any further in the future, despite them dong it for 4 months and I have an email saying they have a journal to remove each month.

The branch manger is gutted, she has worked so so hard for me and we have worked together on this for months and now this. I put in a complaint with their people on her advice but wondered what you people thought on here. Maybe some pointers I can raise to help my case.

UPDATE
Customer engagements now involved. 8 weeks have passed and one letter received to say "we are still looking into your complaint"
I called the other day asking them to hurry up etc - in a nice way. The guy understood my anxiety and said the guy who is dealing with my claim will call me asap to discuss before he makes a judgement. I wanted to tell him lloyds arent wanting to continue with my business overdraft because of my default. My business is 14 yrs old this year and will fail if i dont have my overdraft. serious stuff this!!
Alas no call as promised again.
This is a simple mistake both on my part and theirs. The dept is £1400 as of now. I have offered a full settlement but have had a response like "we wont bargain"
My credit file currently reads:
Default date nov 2012
All green ticks until this August "due to bit being removed for 6 months"
Default balance £0

so lots of false info anyway so its half off half on

[labman]

Re: Yorkshire bank default issue

The first thing which strikes me reading this is how little of it you can evidence, as so much has been done by phone. Personally, I would suggest you stop that immediately and communicate with them solely in writing for the avoidance of doubt.

The next bit has to be your decision. You've clearly had a pretty good rapport with them until recently, but seem to have hit a dead end. I always tend to go straight to the top in this situation. Here is the email address of the CEO of Yorkshire Bank:

David.Thorburn@eu.nabgroup.com

Perhaps if you write what you just have to him, something may be resolved for you.

It may also be in your interests to send a SAR request to them so you can find out exactly what they have recorded about you. Here is an example SAR letter:

[Address]

[Date]

Dear Sir,

Subject Access Request - S.7 Data Protection Act 1998

Under the Data Protection Act 1998 I hereby request that you supply me with any and all historical data in your possession which in any way appertains to me and any accounts or agreements I may ever have held with you.

This should include, but not necessarily be limited to:

· a copy of the original signed executed agreement along with a true copy of the Terms and Conditions in place at the time of inception, and all subsequent amendments to them.
· statements of account, duplicate statements and/or print outs of all account transactions
· all internal and external correspondence sent or received by you including memos, logs, notes, screen prints and transcripts
· notes of manual interventions such as telephone attendants' notes
· copies of stored telephone conversations, internal and external emails
· any other information held on all types of media in any relevant filing system (microfiche included).

If you have disclosed any information to a third party, with or without my express permission, will you please include details of this in your reply, along with notes of any legal action past or pending, including a true copy of default notices, court orders etc...

If you store any of the older records on microfiche, please be aware that the Information Commissioner deems this to be a relevant filing system under the Act. As such, any microfiche data must be sent to me in fully legible and comprehensible form.

Where any information that you provide includes any charges, for example returned payments, late payment fees, and so on, would you please advise your breakdown of actual costs (liquidated damages) incurred for each charge and the Term or Condition upon which you rely to claim such a charge.

I enclose the statutory maximum fee of £10.00 to access ALL data held by you about myself. You should be fully aware of your statutory obligations under the Data Protection Act and that any failure to comply with this request will involve a complaint to the ICO as well as potential legal action.

You have 40 days in which to comply with this request and note that this request has been sent Recorded Delivery so I can ensure compliance on these issues comply within the legislative time frames.

Yours faithfully,

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Print Name

I always use the strip below to stop my signature being lifted in the bit between Yours faithfully and Print Name. I hope this helps a bit! :beagle:

[leggoman]

Re: Yorkshire bank default issue

Thankyou Labman

Your right. I did spend a lot of my time on the phone. I havent until now realised how important it Would have been to have written instead. Oh how wise I am now. but hey ho.
I shall write the the CEO if it goes wrong, thankyou for the contact details.

[labman]

Re: Yorkshire bank default issue

Thankyou Labman

Your right. I did spend a lot of my time on the phone. I havent until now realised how important it Would have been to have written instead. Oh how wise I am now. but hey ho.
I shall write the the CEO if it goes wrong, thankyou for the contact details.

It's a shame the 'old fashioned' bank managers who actually knew their clientelle have gone isn't it. Good luck getting things resolved. :beagle: