Clydesdale Financial Services "WON"

**steven4064** · 25th October 2007 11:00

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 SAR icon

.

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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**steven4064** · 25th November 2007 20:00

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 21:20

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 21:25

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 22:15

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 22:56

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 00:15

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 20:39

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 12:00

Court papers served on Friday.

**steven4064** · 26th January 2008 19:19

Two letters recieved yesterday - one from the court with Barclay's (they bought CFS) defence and an aq icon

, the other an offer from Barclays icon

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.

**caro** · 27th January 2008 02:12

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.

**steven4064** · 27th January 2008 12:53

Hi Caro

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

**caro** · 27th January 2008 15:06

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.

**steven4064** · 27th January 2008 15:43

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)

**caro** · 27th January 2008 16:00

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

**steven4064** · 28th January 2008 12:08

Sending them this letter

Dear Mr Anderson,

Claim against Barclays 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 prejudice icon

, 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 aq icon

(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

**caro** · 28th January 2008 12:17

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?

**steven4064** · 28th January 2008 13:15

I don't know of similar CFS cases but they are Barclays icon

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.

**steven4064** · 14th February 2008 00:03

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.

**caro** · 15th February 2008 21:42

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

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