Help with Yorkshire Bank Please

[Amethyst]

Re: Help with Yorkshire Bank Please

what basis is your GMAC finance on ? HP or loan? and do you have a copy of the contract ?

The Electric - how have you built up the arrears, and have you checked it is correct with your supplier ? If its them not having read your meter they have to allow you a certain period to repay it (2 years?) and can only backcharge you for 1 year.

How much is owing on your YB and A&L cards and are you meeting those monthly repayments ?

Do you have any other debts at the moment ? overdrafts/loans etc?

Council Tax and housing is your most important outgoing so ensure that is paid each month whatever threats .you get

[enaid]

Re: Help with Yorkshire Bank Please

My Partner has phoned GMAC re the car and they have allowed him another 4 weeks to pay some of it off. We have got it up for sale at my cousins garage and are hoping to sell it and clear the finance, it has had a lot of interest so we are keeping our fingers crossed, if not we will just have to let it go.[/quote]

Just a bit of info here about your car credit agreement, think you may be as well to check which one you have
How HP differs from ordinary credit


HP agreements

• you can't sell the goods until the money's paid off
• creditors can ask you to return the goods if you don't make regular payments

Ordinary credit agreements

• you own the goods (and you can sell them)
• creditors can only ask you to pay back the money - not to return the goods

Your agreement paperwork will tell you what kind of agreement you have

Either way you will lose out alot because you will either be charged heavily for early redemtion of the loan (this info will also be in your agreement.
The other option is if you have paid 50% of the sum owed and i think that is all the sum including interest but I will check that. Then you can return the car and make no further payments.
Hope this helps, as even though they have given you a little extra time it may not be the best thing imo Enaid x

[tinkerbella21]

Re: Help with Yorkshire Bank Please

Thanks for the information on that. If someone wants to buy the car my cousins garage will settle the finance then we just pay whatever the difference is back to the garage. We have got a settlement figure and there is only a £100 fee for redeeming early so its not that bad. On our paperwork it says that we need to of paid 2/3 of the total finance before we can return the car so we have got nearly a year left before we reach that stage.

My OH has posted the letters to Yorkshire Bank and Jeremy Sutcliffe today so hoping we hear something from them very soon!fingers crossed.

[Amethyst]

Re: Help with Yorkshire Bank Please

And the credit cards ? do you have repayment plans in place for those ?

[tinkerbella21]

Re: Help with Yorkshire Bank Please

We have been trying to arrange a payment plan but Alliance and leicester are having none of it and have registered a default and past it on to debt collectors now. We tried writing to them with income and expenditure and offering token payments and even sending them cheques with these payments. They cash the cheques and ignored the letters.

Just had a letter from Jeremy Sutcliffe this morning saying again about taken legal action against my partner. It seems they have ignored the letter that we sent and we have not had a reply from Yorkshire Bank yet either.

What do we do now? Also they have charged him another £20 for sending this letter out!!

[Tempty]

Re: Help with Yorkshire Bank Please

Grrr £20 a letter!!!!!
was it gold leaf?
role on the day when these barstewards have to disclose all their charges.

[tinkerbella21]

Re: Help with Yorkshire Bank Please

Do I just send them the previous letter again as a reply to the threatened legal action?Or should i do a new one?
This is so stressful!

[Tempty]

Re: Help with Yorkshire Bank Please

Hi Tinkerbella
send the same letter with a few minor adjustments see below:

Dear Sirs,

Despite my earlier attempts to resolve this matter. I write further to your recent letter in which you indicated your intention to pursue repayment through the courts of an alledged debt to your clients totalling £320.00. As previously stated any such claim will be vigorously defended.

You will be aware that I currently have a claim ref XXXXXXXX, totalling £1321.55 which your clients have taken from me in unlawful bank charges. This is in the courts system and is subject to a stay pending the outcome of Office of Fair Trading v. Abbey [2008] EWHC 875 (Comm).

I would advise you that I have written directly to your client requesting my case is assessed under guidelines for financial difficulty as laid out in the revised Financial Service Authority waiver regarding complaint handling during the test case, and have also requested removal of the default placed on my account and removal of data passed to the Credit Reference Agencies.

You will also be aware that this places my account in dispute, and under the terms of the Banking Code, to which your client subscribes, they may not default my account or take further enforcement action whilst the debt is in dispute. You may also be aware I am currently, under an agreed payment plan, making payment of £XX per calendar month to your client as a gesture of goodwill.

Additionally under the terms of the Financial Services Authority Waiver terms you should not be taking debt recovery action for this disputed amount.

15 (b) the firm might not enforce debts against complainants in financial difficulty to the extent that these debts are made up of unauthorised overdraft charges.

I would also like to make you aware of The Office of Fair Trading Code of Guidance in which it states: putting pressure on debtors or third parties is considered to be oppressive This includes: Ignoring disputes about whether money is owed and refusing to freeze action if the debt is in dispute.


I therefore hope to receive your full co-operation in this matter and would like to request an immeadiate written response to that effect. Failure to respond in a timely and/or positive manor will result in my having no other choice but to report directly to the FSA.
I do hope this can be avoided.

yours sincerely

[tinkerbella21]

I hate YB and Jeremy Sutcliffe!!!!

ok, Jeremy Sutcliffe have now wrote back and i'm so cross!! According to them my OH did not lodge a complaint with them until June 2007 and the account was closed in May 2007 meaning that they are able to chase him for the money and that the default stays.

They also state that in June 2007 a small refund was made and the complaint was not upheld!

This is the reality, My OH started claiming bank charges in Feb 07 and he has never received a refund. Also how could the complaint not of been upheld when he took it to the small claims court in August 2007 which he won only for YB to appeal and get a stay in September 2007? But according to the Solicitors that means it was not upheld and YB closed the file!!

So if he doesn't pay what is owed he will get a CCJ!! Its just beyond a joke now!

[WendyB]

Re: Help with Yorkshire Bank Please

They are just playing silly asses now and I'm sure this can get sorted, don't stress. I would be inclined to point out that you started the complaint in Feb 07 and you have documentary evidence to prove this (I presume you do). Basically a letter rebutting their rubbish attempts at intimidation. Someone will be able to give you more info on that than I can. I would have thought, though, that if they do issue court papers you could put all this is your defence and that would put the wind up them somewhat.

Have had a quick scan through your thread and notice that you said both credit cards are over the limit? Presumably you've got charges on these credit cards then? If so, start the reclaiming process on those as they are not covered under the OFT case so you should be able to get the charges back fairly quickly, depending on who the credit card companies are.

[Amethyst]

Re: Help with Yorkshire Bank Please

Do you have all your paperwork ? Prelim letter, LBA etc ?

We need to get copies of that all together and send a letter pointing out they have their facts slightly wrong.

[WendyB]

Re: Help with Yorkshire Bank Please

That's what I meant Ame

[Tools]

Re: Help with Yorkshire Bank Please

I have found YB and JS&Co to be the most devious and stalling of all the banks. When I reclaimed £3k with them last year they applied to have a case struck out as settled by saying I had cashed a cheque I accepted clearly as part settlement, I still have it in my possession to this day and it still remains uncashed.

They have tried to tell me this time round that no `dispute` was made, I asked them why my prelim, LBA and court claim were not seen as a dispute.

They have also registered a default against me for an overdraft (consiting of entirely charges) that I refused to pay off.

Write to Sutcliffes, make them aware that by issuing you with a default they are breaching the terms of the waiver and that you will notify the FOS, FSA, OFT etc if they commence any action with you. Also remind them that they are in breach of Section 40 of the Administration of Justice Act by trying to collect in this manner.

[tinkerbella21]

Re: Help with Yorkshire Bank Please

Hi all

Firstly I would like to thank you all for your replies and much needed support. I haven't been online for over a month due to our laptop breaking which unfortunately had all the letters we had sent to YB on it and we lost them all. Jeremey sutcliffe wrote to us again saying they would accept a payment of £33 a month again but my OH said no way.

Anyway's he hasn't paid and we didn't hear anything for a while. Today YB have wrote to him and agreed to write off what he owes and have said that it isn't a full and final settlement offer so if after all the final rulings it is in the consumers favour they will pay him compensation as well.

[Tools]

Re: Help with Yorkshire Bank Please

Excellent news so far,

Is it possible you could scan up or type in the wording on the letter for everyone?(personal details removed of course)

I would like to see how they have actually worded it if that's ok with you.