Yorkshire Bank

desperatenow

had a written offer last week from bank under grounds of financial hardship for £2400 ,which we havent accepted yet, already paid out £250 to court on 23/08/07 which couldnt afford, for a claim of £6147,severe mortgage arrears, bank filed defence under T&C s Phoned Court (Huddersfield) been told they sent out allocation questionaire today to both parties, going to cost another £100 and might get Stayed.
If the bank has to adhere to Financial Hardship cases and THE FOS has to why cant the courts ? Help we need this to come off to save our house !

IF WE GO AHEAD WITH THE COURT CASE AND RISK THE JUDGE NOT STAYING UNDER GROUNDS OF FINANCIAL HARDSHIP AND WE LOSE CAN WE STILL ACCEPT THE OFFER OF £2400

desperatenow

If we accept the offer of £2400 on a claim of £6147 can we still claim the rest after the conclusion of the test case, if the decision goes in the consumers favour. The Settlement does not say full and fiinal settlement. Have tried to seek legal advice no one seems to know !

Also if our case gets stayed, can we still accept the offer of £2400

Read somewhere that you cant cancel court proceedings once started, is this so ?

Gooner123

.....After I send the letter with details of all charges and how much I am claiming, will I receive an offer/response? I have sent it to Yorkshire Bank.

Thanks by the way for the template.:money:

dazsmudger77

Cant say that you will get any reply i bank with a different bank and i still haven't heard anything

billyboywhit

conspirator wrote: »

Hello all, i heard about reclaiming sometime ago but i presumed it was a hoax of some sort.

My bank (Yorkshire) has overcharged me many times, and luckily, at times has removed charges during numerous phone conversations.

My questions are:

1. Am i too late to start the reclaim precedure?

2. Has anybody else started the precedure in Aug/Sep?

Thanks in advance, i wait with letter poised and hope in my heart.

re 1 it is not too late to go ahead

fimonkey

Hi All,

I've added up my sister's bank charges for the past 6 year for Yorkshire Bank, they're HORRENDOUS!

Is it too late for her to send a letter before action? I know the bank will reply that all cases are stayed pending the outcome of the test case (is this right) but I wonder if it's worth getting her claim registered in case teh FSA make a ruling that only claims in progress can/will be settled.

What do others think?

Many thanks in advance.

sickovchargessteph

can u tell me i put my claim in and got reply today stating that the test case cant look at my claim until its over etc etc so i think im looking at over a year before they do any thing with my claim but they say if waiting is going to cause fianacail hardship they could possible look at your case is this true

fimonkey

When you say 'you put your claim in' was it for Yorkshire bank, and what stage are you at? (ie is your claim the first letter, the preliminary letter, or have you got as far as issuing court proceedings?).

Anyone else know, is it worth me starting a claim?

Thanks

willlgray

The situation.............

I started procedures against Yorkshire Bank in Feb 2007. I followed the procedure on this website. They have basically told me no. I was lucky enough to get a court date before they put a hold on everything. My court date is in the begining of December. The queries I have regarding this are.....

Firstly, I am officially asking for the amount owed dating back six years from february (when I started my claim). Obviously it will be (six years worth) from nearly seven years ago by the time I go to court. Does this matter? I would think not.

Secondly, what is likely to happen? I presume they will not turn up and I will get my money by default, all £2500 of it (plus £500 interest (will I get the interest?)).

Thirdly, I know there has been a hold on people reclaiming but the court told me that I was in time to get a court date. Other people will not be able to start a claim but I was in time to get a court date, which I have. So, the bank has got to put up a defence or give me my cash. This is correct, yes? They can tell other people that everythings on hold but as I have a court date then they will have to go as normal, yes?

Fourthly, Is there anything I should take note of while filling in the Court Questionnaire? (by this I mean are theyre any parts that I could make a mistake on and give the bank an excuse not to pay me?)

Fifthly, They can not ask for an adjournment or anything can they?

MOST IMPORTANTLY.........what have the results been for people going to court recently, post test case announcement???? Especially with Yorkshire Bank.

Can I start spending my money now ? ? ? ? ?

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Advice, directions, tips and answers wanted please guys ! ! ! ! ! ! ! !

!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Edinburghlass_2

willlgray wrote: »

Firstly, I am officially asking for the amount owed dating back six years from february (when I started my claim). Obviously it will be (six years worth) from nearly seven years ago by the time I go to court. Does this matter? I would think not.

Yes it does matter, the bank is likely to object to charges that are being claimed from six years before the court date.

Secondly, what is likely to happen? I presume they will not turn up and I will get my money by default, all £2500 of it (plus £500 interest (will I get the interest?)).

Don't assume anything, or more likely assume they will turn up and you must have a prepared case.

Thirdly, I know there has been a hold on people reclaiming but the court told me that I was in time to get a court date. Other people will not be able to start a claim but I was in time to get a court date, which I have. So, the bank has got to put up a defence or give me my cash. This is correct, yes? They can tell other people that everythings on hold but as I have a court date then they will have to go as normal, yes?

By the fact that you are at court then the bank has already "put up a defence" what they can do is ask for a stay.

Fourthly, Is there anything I should take note of while filling in the Court Questionnaire? (by this I mean are theyre any parts that I could make a mistake on and give the bank an excuse not to pay me?)

You'll find the guide to the AQ in the Reclaim Help Thread which is linked in my signature.

Fifthly, They can not ask for an adjournment or anything can they?

The bank can ask for a stay and you will be informed by the court and given 7 days to object, or indeed they can ask for this at the actual hearing.

You can read Martin's Emergency Guide here...

http://www.moneysavingexpert.com/reclaim/oft-bank-charges

and best to start reading up about preparing court bundles which the court will ask for, link in the Reclaim Help Thread.

As regards people who are just starting your claim you still need to follow the timescale and step by step guide in Martin's article. A letter from the bank saying everything is on hold does not mean that your case will be if you start court proceedings, that will be up to the judge at your local court.