george mcm vs Clydesdale bank

[HRB]

Clydesdale Bank.
I hit them with 7 small claims (on my personal account) covering different periods and they have intimated that they will defend the actions but they have asked the court to "conjoin" the actions and have further asked that the "conjoined actions" be remitted to the Ordinary Roll under rul 15(1) of the Small Claims Rules 2002.
My interpretation of this is that they want to have the hearing for the total amount covered by the small claims actions but I am unsure what they mean by asking for the action to be be transferred to the Ordinary Roll.
Rule 15(1) of the Small Claims Rules refers specifically to the transfer of a claim to another court??
Anybody any thoughts or experience of this type of defence?
HRB

[o0oliambeeo0o]

Hi HRB,

What they are doing is taking your case out of the small claims and into the ordinary cause track due to the amount being claimed, ideally you should have done one small claim at a time in chunks of £750.00.

The ordinary cause leaves you open to paying expenses in the event you lose and the rules are alot more complicated. If you go here :Ordinary Cause Rules it explains it all in detail.

I am going through the summary cause at the moment with LTSB.

Regards
o0oLiamBeeo0o

[Bigmac versus]

These peeps are tough to crack eh, they need more time to collect further information, they have had over 10 weeks to investigate due to me sending 2nd prelim, lba with contractual interest, times running out for CB and this neil mckirdy, be at court next week and hope to get my day to make them all out for what they are EDITBAR-STEWARDS.


**Moderator Note: Edited due to libelous content.

[Woodmill100]

Oooh Mel, well done for taking it as far as you have - I hope you kick their backsides! I am sending off my initial data protection letter on Monday with my £10 so I will see how it goes. Quick question, do I send this to my branch or to head office?

Best of luck on 1 December - are you the first person to take them as far?

[Bigmac versus]

Woodmill100 if you send to local they will only forward it to head office, so to save time ive sent to head office, hope this helps.

[Bigmac versus]

Got letter with cheque for half the amount being claimed as full and final offer through door on friday, dont think so i aint having them dictate to me what i will get, paid in full or court you shall go,lol.

[Bigmac versus]

Sent letter back saying found the offer totally unacceptable, and asked why they can think they can pay less than half the money taken and if there is someone who works solely with charges in the bank whom i can call on at court, cheques gathering dust. Neil Mckirdy replied confirming that was the banks final say in the matter and that encashment of the cheque will be accepted as full and final payment.

[Bigmac versus]

Just completed my summary of charges to go with court forms as will hand in this Friday (giving me time to get it all together) claiming contractual rate and is included as part of £750.

[caro]

I would love to be a fly on the wall when they get that George given that they offer to settle quite a few claims without statutory interest. In their opinion the courts won't pay interest because we were in breach. Good luck with that one.

[Bigmac versus]

Nothing gained and all that Caro, when was the account breached if these charges are unenforceable at law then surely only the first couple of charges was when you breached the account (years ago) surely the rest as far as i can see wouldnt have been breached if the illegal charges hadnt been taken in the first place. They can counter claim me anytime and i will keep asking for a breakdown of costs incurred. Sorted my claim out tonight with Friday being the day i will hand it in to the court. Also asked Mr Neil Mckirdy who would be responsible for making these charges up so as i can request there pleasure in court as a witness, funny thing he never remarked on that one.

[Piggy bank]

Gerorge, Caro, In my claim, I claimed an amount for charges, a separate amount for interest that I calculated myself (based on the 8% judiciary rate - could have gone higher like, for example, the 10%+ that the Clydesdale actually charge for overdrawn funds) as well as costs.

The Clydesdale ofered to settle, and offered the full amount of charges as well as the interest I had added, but I declined the offer because it didn't cover my costs.

My return date was this week, and the Clydesdale have now indicated to the court that they will appear at the preliminary hearing. The hearing is next week, so looking forward to it

[caro]

You will probably find that they don't go themselves but send a local person. Sorry I can't remember the terminology for Scotland.

[Piggy bank]

Whoever they send, I look forward to meeting them. Court clerks said that they have not filed a defence yet, but that they promised to appear. I suppose they might just have someone deliver a copy of their defence. Having seen the defence in others' threads, I'm not particularly phased

Anyway, sorry george, don't mean to hijack your thread. Just we're at very similar stages and similar strategies. Good luck.

[Bigmac versus]

Yes Piggy bank very true, I aint bothered at all and have in my first claim to be submitted tomm claimed for the most recent charges including contractual interest, (tester) it dosent accumulate to that much of the claim but have included it within the £750 limit, think the contractual is under £100 so lets see what happens, i have numerous letters from them in the past where they have charged me that interest so why not. Their as a gesture of goodwill cheque (laughing) is gathering dust but giving me all the inspiration to keep at them for every penny i can claim as i believe they have squeezed every penny from me when they had the chance.
MY TURN NOW.

[Bigmac versus]

claim filed at court this morning, clerk was unsure how to word the claiming of the contractual interest until she discovered it was part of the claim then she said it was fine.

[caro]

I think I rather like the Scottish system in some ways. I know you can't claim as much, but at least you get a court date quickly as I understand it. Maybe I should be advising people to claim from Clydesdale in Scotland after all.
Oh God I'm feeling all melancholy now.

Sorry for that little wallow in self pity George. Good luck with the contractual interest especially. I may well try that in round 2.