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Desperate need of legal advice
h534
Posts: 6 Forumite
Yorkshire bank have me over a barrel,
Around 18 months ago after a nasty split from my ex wife i was in a bad way, i was £30 under my agreed overdraft limit of £850 for some time and only paying in enough to keep my head above water.
so yorkshire bank sent a letter informing me they had cancelled my OD and recomending i pay them back. went into the branch 3 days later as they are shut over the weekend (go figure) and found they had been charging me £8 a day for "Being over my agreed limit" which they had set to zero since the day they sent the letter some 10 days prior.
Well as you can imagine i was not best pleased and asked how to stop the charges mounting as i was suffering depretion and not working. they said pay them the full ammount plus all charges, NOT HELP FULL!!!!
Well a few weeks later when i was in a beter frame of mind i went back and after talking to the manager of the local branch was told that if i had them close the account for me it would freeze and stop any more charges, so that is what we did.
Enter the debt recovery team......
Within 48 hours i had my first demand for full settlement of £1072 which i phoned up about immediately, came to a payment plan based on my earnings and started paying £10 a month, well YB are open monday to friday 10 till 4
so when do i go to pay them as they only accept payment in branch???
As you can imagine a few payments have been late through no fault of my own, new baby, change of job, moving into a new area, all added up to the court summons i recieved today.
this has all taken 16 months in total, i no i should of payed it all off and been done with it but i just couldnt afford to.
well about 3 months ago i wrote to YB asking for my account history as i wished to contest some of the charges that made up the debt, they replied with the pre generated refusal stating that all casses had been awarded a stay untill the trial case is heard.
I have since discovered this to be untrue and that only the test cases have a stay and all other cases are to be heard on a case by case basis.
well i called Jeremy sutcliffe and co solicitors today, They are shown as being the solicitors handleing the claim against me, i explained that i wished to contest the claim in part and asked that they send me a detailed account history and copies of the signed credit agreements agreeing to the charges YB has levied against me, the clearly untrained call center opperator didnt have a clue what i was asking for and told me i had to pay £5 a statement for the account history. i pointed out that this information is not only mine by right but allso that i had to be given a copy of any evidence to be enterd against me in order to form a defence. Clearly the account history and credit agreements are the only evidence of any relevence????
well the nice lady explained that it isnt there problem and that i should seek legal advice and have my solicitor contact them, problem is i cant afford a brief,
what do i do??????
i have 14 days to return the County court forms.....
Around 18 months ago after a nasty split from my ex wife i was in a bad way, i was £30 under my agreed overdraft limit of £850 for some time and only paying in enough to keep my head above water.
so yorkshire bank sent a letter informing me they had cancelled my OD and recomending i pay them back. went into the branch 3 days later as they are shut over the weekend (go figure) and found they had been charging me £8 a day for "Being over my agreed limit" which they had set to zero since the day they sent the letter some 10 days prior.
Well as you can imagine i was not best pleased and asked how to stop the charges mounting as i was suffering depretion and not working. they said pay them the full ammount plus all charges, NOT HELP FULL!!!!
Well a few weeks later when i was in a beter frame of mind i went back and after talking to the manager of the local branch was told that if i had them close the account for me it would freeze and stop any more charges, so that is what we did.
Enter the debt recovery team......
Within 48 hours i had my first demand for full settlement of £1072 which i phoned up about immediately, came to a payment plan based on my earnings and started paying £10 a month, well YB are open monday to friday 10 till 4
so when do i go to pay them as they only accept payment in branch???
As you can imagine a few payments have been late through no fault of my own, new baby, change of job, moving into a new area, all added up to the court summons i recieved today.
this has all taken 16 months in total, i no i should of payed it all off and been done with it but i just couldnt afford to.
well about 3 months ago i wrote to YB asking for my account history as i wished to contest some of the charges that made up the debt, they replied with the pre generated refusal stating that all casses had been awarded a stay untill the trial case is heard.
I have since discovered this to be untrue and that only the test cases have a stay and all other cases are to be heard on a case by case basis.
well i called Jeremy sutcliffe and co solicitors today, They are shown as being the solicitors handleing the claim against me, i explained that i wished to contest the claim in part and asked that they send me a detailed account history and copies of the signed credit agreements agreeing to the charges YB has levied against me, the clearly untrained call center opperator didnt have a clue what i was asking for and told me i had to pay £5 a statement for the account history. i pointed out that this information is not only mine by right but allso that i had to be given a copy of any evidence to be enterd against me in order to form a defence. Clearly the account history and credit agreements are the only evidence of any relevence????
well the nice lady explained that it isnt there problem and that i should seek legal advice and have my solicitor contact them, problem is i cant afford a brief,
what do i do??????
i have 14 days to return the County court forms.....
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