Clydesdale Financial Services "WON"

steven4064 · 25th October 2007, 12:00

My son has a loan with CFS going back to 2005. During that time they have added over £200 in late payment fees.

We wrote to them on 5 October under s77(1) of the Consumer Credit Act 1974 requesting a copy of the executed agreement and statement of account. The statement of account came by return (twice) but nothing else. This contains all payments and charges added so we got everything we would have receievd under an Subject Access Request.

As more than 12 days have passed, we have put the account in dispute until they come up with the agreement. They have until 19 Novemeber or they will have committed an offence.

We will keep you posted

steven4064 · 25th November 2007, 21:00

Clydesdale have refunded half of what we requested and they think that's fair. They have another think coming

LBA off tomorrow

Bookworm · 25th November 2007, 22:20

I'll keep an eye on you, Steven my lad, as I have a credit agreement ending next month with them, and as I pay my standing order, I'll be paying my last legitimate payment, which means if they want the charges (1 late payment, I had deleted the S/O by accident, doofus, and they plonked about £70 of charge for that), they'll have to pursue me for them. Should be interesting.

steven4064 · 25th November 2007, 22:25

I am claiming on behalf of no 1 son. We are reclaiming several lots of £22.50 for letters sent due to late payments on the grounds that the letters cannot cost more than 35p and are therefore disguised penalties. They repaid half of them immediately after receiving the prelim letter. (actually more than half since they seem to be inordinately bad at maths

)

steven4064 · 27th December 2007, 23:15

N1 going in tomorrow. We are also asking for default removal since they applied one a couple of weeks ago. I agreed a payment with their agent on the phone and paid it electronically and they still placed the default

They are not goijg to get away with that.

caro · 27th December 2007, 23:56

I don't want to teach you to suck eggs Steven, but don't accept any cash settlement without removal of the default.

steven4064 · 28th December 2007, 01:15

Quote:

Originally Posted by caro

I don't want to teach you to suck eggs Steven, but don't accept any cash settlement without removal of the default.

Absolutely. Although there is a problem - they repaid some of the charges by just crediting the account. I expect they will do that again, especially as the 'brink' approaches.

What I propose to do is to write and say we don't accept the payment and demand that they remove it. I think that is all we can do given that it is a loan account. There is no way of sending them back the money as far as I can see.

steven4064 · 29th December 2007, 21:39

Quote:

Originally Posted by steven4064

N1 going in tomorrow.

Went to the court and they were closed

They had a notice on the door "Closed until Tuesday 2nd January"

Do they know something we don't?

steven4064 · 5th January 2008, 13:00

Court papers served on Friday.

steven4064 · 26th January 2008, 20:19

Two letters recieved yesterday - one from the court with Barclay's (they bought CFS) defence and an AQ, the other an offer from Barclays for the full amount. No offer to remove the default though

I need to talk to son to find out what he wants to do.

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