Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)

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  1. #1
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    Default Clydesdale Financial Services "WON"

    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 crediticon 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 SARicon.

    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

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  2. #2
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    Default Re: Clydesdale Financial Services

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

    lbaicon off tomorrow

    Steven

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    Default Re: Clydesdale Financial Services

    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.

    Just passing through, don't mind me...!
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    Default Re: Clydesdale Financial Services

    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 )

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    Default Re: Clydesdale Financial Services

    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.

    Steven

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    Default Re: Clydesdale Financial Services

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


    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  7. #7
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    Default Re: Clydesdale Financial Services

    Quote Originally Posted by caro View Post
    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.

    Steven

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    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  8. #8
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    Default Re: Clydesdale Financial Services

    Quote Originally Posted by steven4064 View Post
    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?

    Steven

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    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  9. #9
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    Default Re: Clydesdale Financial Services

    Court papers served on Friday.

    Steven

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    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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  10. #10
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    Default Re: Clydesdale Financial Services

    Two letters recieved yesterday - one from the court with Barclay's (they bought CFS) defence and an aqicon, the other an offer from Barclaysicon 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.

    Steven

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    GE Money Won unconditionally May 2007
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    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

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    Default Re: Clydesdale Financial Services

    How long since it was defaulted, and was it for more or less than the amount of the charges? If it was a while ago, and if he has any more recent ones or CCJ's it might not be worth holding out for removal, but he shouldn't accept the settlement if he wants to get rid of the default.


    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  12. #12
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    Default Re: Clydesdale Financial Services

    Hi Caro

    The default was only about a month ago and is less than the total charges. He has no other defaults/CCJs.

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.
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    Default Re: Clydesdale Financial Services

    In that case, IMO he should not accept the financial settlement. The default would not have occurred had the charges not been incurred. You should force them to court if necessary. Jonni2bad is your man on defaults. I'll see if he'll post some advice for you.

    I don't need to tell you that your son will struggle to get credit for another 5 years and 11 months if he doesn't fight hard. If he accepts the money, he has little or no chance of removing the default.


    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  14. #14
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    Default Re: Clydesdale Financial Services

    Thanks Caro - I'm aware of that. The question is whether he is prepared to fight (I am, but it has to be up to him)

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.
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    Default Re: Clydesdale Financial Services

    Yes I know that really. You just need to emphasise how important it is to him. Good luck.


    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  16. #16
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    Default Re: Clydesdale Financial Services

    Sending them this letter
    Dear Mr Anderson,

    Claim against Barclaysicon Bank PLC,
    Claim Number 8LGXXXXX

    Thank you for your letter of 24 January 2008, the contents of which I have noted.

    I have read the defence filed by Barclays on 23 January which I note is a standard defence.

    I note that you have offered me, without prejudiceicon, the entire monetary component of my claim but that you have not included removal of the default notice. Despite what you said in your defence, I contend that this notice would not have been issued if the charges had not been applied to my account. Thus, if the charges are unlawful, so is the default notice.

    Therefore, I accept your offer only as a partial settlement of my claim and intend to continue with the action.

    I am willing to let the court decide whether the charges are lawful or not and on this basis will be seeking an order from the court for Barclays to disclose the actual costs to them due to breaches of contract when I submit the aqicon (which is due on 11 February). Knowledge of the actual cost base will allow the court to determine if the charges levied are in excess of actual costs. The law on penalties in contracts is well established and this simple arithmetic comparison will settle the issue.

    I note that you reserve the right to disclose your letter of 24 January to the court. I will be attaching this letter to the documents submitted to the court with my AQ.

    Yours faithfully,

    myson


    Steven

    Using CAG Toolbar will generate much needed income - Download Here

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    My Wins

    GE Money Won unconditionally May 2007
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    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
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    Default Re: Clydesdale Financial Services

    It'll be interesting to see if they pay up on your terms. Do you know of other similar cases with CFS, and how they've reacted?


    What's Best for You?


    The Consumer Action Group is a free help site.
    Should you be offered help that requires payment please report it to site team.

    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  18. #18
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    Default Re: Clydesdale Financial Services

    I don't know of similar CFS cases but they are Barclaysicon now and there are loads of BC cases. It all hinges on what they make of "I am willing to let the court decide whether the charges are lawful or not".

    In their letter to us they say, "We... recognise that it is not cost-effective for either party to take this matter all the way to trial". It's no skin off our nose if it goes to trial (I would relish the chance to be honest) so I expect them to cave in, if only on those grounds.


    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
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    Default Re: Clydesdale Financial Services

    It turns out that, although they issued a default notice, they didn't actually put a default marker on my son's credit file. THerefore we have accepted the offer - just awaiting payment.

    Steven

    Using CAG Toolbar will generate much needed income - Download Here

    Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

    My Wins

    GE Money Won unconditionally May 2007
    NatWest
    Won unconditionally August 2007
    Brighthouse Won unconditionally August 2007
    Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)
    Clydesdale Financial Services (now BPF) Won unconditionally February 2008

    Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

    Please note, I will not give advice by PM. Please
    send a link
    to your thread and I will do my best to answer there.
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    Default Re: Clydesdale Financial Services

    Sounds good then Steven. I bet your son is very pleased. Well done.


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    Alliance & Leicester Moneyclaim issued 20/1/07 225.50 full settlement received 29 January 2007
    Smile 1,075.50 + interest Email request for payment 24/5/06 received 1,000.50 14/7/06 + 20 30/7/06
    Yorkshire Bank Moneyclaim issued 21/6/06 4,489.39 full settlement received 26 January 2007

    Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE