george mcm vs Clydesdale bank

[Bigmac versus]

Well im actually thinking positive about this because the argument over my case is basically not required now, the ruling these are unfair will over ride any argument the CB come up with.
Regarding the timescales im not bothered, if its in 1 week or 1 year its still a victory.

[caro]

Excellent George. If it stops us all being charged unreasonably in the future it can only be a good thing.

[Bigmac versus]

Id like to see them waiver the charges for now also until the case is dealt with, (as gary has said) but hey they wont do that will they.

[caro]

Just take the advice of the nice lady from the BBA, and phone your bank to let them know if you think there'll be a problem and ask them to increase your overdraft, so you won't get charged.

She didn't mention what to do if they say no.

[Badger1970]

I have recieved a letter too from the Clydesdale Bank aknowledging the £10 sent and that they can supply me with my past 5yr statements. It also says as follow - "If you have requested information relating to manual intervention on your account, please note that the Data Protection Act 1998 does not specifically require data controllers to disclose whether its processing activities were conducted manually or on an automated basis and nor does it specifically require disclosure of the reason why one method of processing may have been prefered in any particular case" this was sent from Advice Quality Unit. So where do I stand ? will i get my cash back once i add the charges up ? what's the next move ? please help

[Bigmac versus]

They have to provide all information they hold on you not just the 5 years unless that is what you asked for.

[Falkirk1298]

I've put this link in a separate thread but it may be of some interest here, particularly in light of the defence used by the Clydesdale.

Sheriff Principal rejects banks' defence of res judicata | GLC July 2007

"here has been a problem of claimants in Scotland suing for separate years of charges in separate (but never more than one at any one time) small claims actions. Some banks, including the Clydesdale/Yorkshire Banks had been using the defence of res judicata (the basis of the claim has already been decided in the first action, so any subsequent claim is incompetent) to prevent claimants in Scotland recovering more than £750 (the small claims limit in Scotland).

In Taylor v Yorkshire Building Society, the Sheriff Principal for Tayside, Central & Fife overturned a decision in favour of the Yorkshire, and held that bank charges were a succession of wrongful acts - each one being actionable.

So this decision may provide legal support to use the small claims system in Scotland to sue for tranches of bank charges (i.e. several claims x £750 - but remember you cannot have two claims on the go an anyone time); at the very least this should be used by claimants to negotiate with the bank to get offers above £750 in Scotland - by arguing any settlement is for X year only, and failure to increase the offer will result in subsequent small claim(s). The decision is only binding in Tayside, Central & Fife. The alternative is to pursue a complaint with the Financial Ombudsman.



Res judicata - case summary

In Taylor v Yorkshire Building Society 2007 GWD 19-334 Sheriff Principal Dunlop overturned the sustaining of a plea of res judicata in an action for
recovery of bank charges when a previous action had determined the
position regarding later charges on the same account. The deduction of
charges constituted a succession of wrongful acts each actionable, albeit
the basis of action in each case was the same.

The sheriff principal also questioned whether such actions were better remitted to the ordinary cause, as extended pleadings might well be of assistance."

[Bigmac versus]

Hi Falkirk1298 thanks for that

We have discussed res Judicata a while back and it has been tested ok.

[Falkirk1298]

Yep, I see that. It's also interesting to note that the Sheriff Principal defined the imposition of charges as "wrongful acts", although he may of course have been talking in general rather than specific terms.

[Bigmac versus]

very very true Falkirk1298

[Bigmac versus]

Well nearly two years and 5000 posts after starting this thread im still waiting for payday. CB are amongst the hardest to deal with but what they dont realise is that the result will be the same in the end and I like many others will have my day.


Im taking a break from CAG but will return to make my 5000th post which will be the day I get my money back from this lot and probably the day I get lifted for BOP within my local branch as I swear they will be getting it BIG when I get it all back due to their "we have done nothing wrong speel" time will show them for what they are. Take it easy and you know where I am if you need me.

George

[maroondevo52]

Sure, hope so Bigmac

[caro]

Looking forward to it Bigmac. I think yours is probably the oldest outstanding claim on the site so it will be great to see you, and everyone else, have your day. CB don't realise who they're taking on.

[Bigmac versus]

Go away for a few weeks and my posts have shrunk, very weird.
Talk about dragging your feet, if and when we get our money back it will be in euros at this rate. The banks are pleading poverty and it wouldn't surprise me if the goverment intervene in all this especially after the HBOS fiasco.
Has there been any updates ive missed.