Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hello. This is my first post. I seem to be in a similar position to Paul Ingram, except I had all my statements for the last six years, so didn't need to ask Clydesdale Bank for them. I sent the first letters to the Clydesdale, one for a personal account & one for a business account, on 19th & 20th June, so the fourteen days are now up and I am preparing to go to the next stage, though I have had nothing back from CB (Is that usual?). Both claims are for more than £1500 so it seems I will need to do a writ.
Their practice of ignoring your letters is far from unusual! - They acknowledged my Prelim letter, but have totally ignored my letter before action.
As far as the use of a writ is concerned, I'm not 100% certain of how this works.
However, going from my own experience, there's nothing to stop you breaking down your charges total into smaller chunks of less than the £750 limit required to process the claim through the Small Claims route.
I've done this agains the Bank of Scotland & I'm half way there towards re-claiming all of my charges with them.
** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **
I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"
The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim
Thanks. So they have ignored your letter before action. Are the fourteen days up now, and if so, are you ready to take the threatened action? Will it be writ or small claims?
14 days has just expired for my Credit Card account, I'm more than prepared to take them to Court for the full amount + interest now.
The Small Claims track is what I've used so far, and it's working - so to coin the old phrase "if it's not broke...."
** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **
I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"
The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim
I went to court this morning in Edinburgh. The lawyer for Clydesdale asked for 14 days to prepare a supplementary defence. Foolishly, I didn't object, as I now realise I should have, since they have already had months to prepare. So it was granted. They have to send me details of the defence, and we are back in court 16 January. The lawyer asked for a "proof to be assigned" (Does anyone know what this is?), but Sheriff said he wanted to see the further defence before he would allow that because it would be the first time this had happened. As I was about to leave the court, the Sheriff told me there was a programme on Radio 4 tonight Which I might find of interest. This is the link to the BBC website which tells you about 'The Money Programme - Bank Robbery?' BBC NEWS | Business | Are penalty charges bank robbery?
read my post in Analese's thread about not getting anything today. Your Sheriff was trying to give you a leg up telling you about the Radio 4 programe, he's obviously sympathetic so talk to him, don't be left in the dark with some obtuse phrases CB's lawyers fire at you. Don't be a victim, do some research, speak to the court and ask what 'proof being assigned' means and start from there.
Been screwed by banks all my life, it's payback time!!!!
OK as I seem to be handing out advice here I guess I had better add a disclaimer to my signature, Caro, hope you don't mind but I nicked yours.
Advice & opinions given by Dread 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.
not sure where to post this - but does anyone have an e mail address for anyone dealing with the claims at the Vincents place office in Glasgow need to find out what's happening with claim and only get voice mails when I ring
I was back in court on Tuesday for my second preliminary hearing. The Sheriff could not relate the items in their defence to the paragraphs of my claim and gave them a week to number the paragraphs in the claim to accord with the paragraphs in the defence. A third hearing was set for 30th January. Yesterday, I received a letter from Clydesdale saying "Prescription in Scotland is five years, and you are therefore only entitled to raise an action seeking 5 years bank charges". I am seeking 6 years charges, which I still believe is correct. The letter then went on to offer "in an attempt to resolve this matter" and "in Full and final settlement", of about a third of what i'm claiming. So, I won't be accepting this offer. I will tell them I still expect the full amount.
Back in court this morning. Told the Sheriff CB had made an offer and I had declined it.
Solicitor had been instructed to ask that proof should not be assigned for February or March, but didn't know why. I said March would suit me better, so Sheriff said, since no reason was given by CB, it would be set for 7th March.
Sheriff asked solicitor if evidence would be put forward by CB and she said she thought they would probably try to prove that the charges are liquidated damages and not penalties.
The Sheriff then wondered if the court would be big enough to accommodate all the people who would want to hear such evidence!
I have today received a cheque from Clydesdale "in Full and final settlement of your claim", because, they say, "it is simply uneconomical for the bank to proceed to a hearing". They are not asking me to sign anything.
However, they say that the sum is made up of the charges "that are not time barred". My claim was from 04/02/2001 till 05/12/2002 and the cheque covers everything claimed, including expenses, but only from 04/02/2002.
This is about the five year limit in Scotland, as opposed to six in England. Are they right about this? Has anyone else had this from CB?
I returned the cheque from CB and it is now 10.30am on Tuesday 6th March. The post has just been delivered with nothing more from CB, so it looks like I will be in court tomorrow (9.45am) for the first ever proof hearing to be contested by the bank. Re my post of 30th January, this will be the one where the Sheriff wondered if the court would be big enough to accommodate all the people who would want to hear the bank's evidence.
Hi Harry, just wondering how you got on in court? Did CB/YB turn up? Have been following your thread, hope they didn't turn up and you got judgement by default....
Back to court yesterday, and agreed to go forward to Diet of Debate, but I wanted to know the terms of the debate (so did the Sheriff). Lawyer for CB said it was to be about the limitation act, restricting claims to five years instead of six.
I said I wanted to talk about other things as well, such as the actual charges, because I now had evidence (the Whistleblower stuff) which would show the bank has been deceiving me, and others, about the charges, and would mean the bank would lose the protection of the Limitation Act.
The Sheriff, who appeared to be not particularly sympathetic to my case, did however suggest that I should revise the wording of my claim to include this new evidence, and we should all come back for the Diet of Debate on 20th June.
I know you've got some excellent support Harry and just want to say well done for yesterday. I really hope that your case will enable the CYNthesys issue to be properly demonstrated and discussed in court and the judge will see what we all see here.
When the Liberals and Conservatives were in opposition they both agreed that banks should pay back high bank charges to customers. Nothing seems to of happened since they came into power as a coalition. PPI insurance has been sorted now they should turn their attention to bank charges and help customers get exorbitant charges refunded.
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.
Great mention for CAG in the Evening News on this today (can't find a link though).
The Clydesdale seem keen to drag this one out, yet other settle very quickly Each to their own I suppose, but on a point of principle, I'll not go to them for my new account for this, Harry!
Bank and credit card reclaims - £9,806
Sainsburys CCA non-compliance with FOS;
Natwest reclaim of £340 in progress;
Egg credit card reclaim in progress
did you see that at the bottom of that link sajabu2003 gave some cheeky company has advertised that they will claim for you in Wales giving the 6 year limit and £5000 limit.
I looked at the website they quoted and they say "You get all the charges..We'll negotiate the interest with your bank, and take that as our fee."
yeh, right where do I sign up.......
If I have helped click my scales....
Find my threads by [URL="http://www.consumeractiongroup.co.uk/forum/search.php?do=process&showposts=0&starteronly=1&exactname=1&searchuser=debt_mountain"]clicking here [/URL]
Just got back from holiday to find a letter from CB enclosing a cheque for the full amount claimed "in Full and final settlement" (Almost £1900 including interest and costs, pursued under Summary Cause, which has a maximum of £1500, not including interest etc.).
The Diet of Proof had been set for 5th September, although the writer of the letter, 'solicitor - dispute resolution', seemed to think that proof had been assigned for 22nd August.
It has taken one year and three weeks, but finally we got there.
Bank and credit card reclaims - £9,806
Sainsburys CCA non-compliance with FOS;
Natwest reclaim of £340 in progress;
Egg credit card reclaim in progress
HarryT & Clydesdale ***WON***
Reply With Quote
Each to their own I suppose, but on a point of principle, I'll not go to them for my new account for this, Harry!
