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Just lately Clydesdale bank have changed their defence and have had success from this and been awarded costs, this has been tried and tested so please be aware and move carefully.
Advise had been given not to run smallclaims at the same time to avoid the action being moved to OA and quite rightly so, however after claiming an earlier smallclaim for £750 i had my second smallclaim case thrown out today as incompetent due to having claimed earlier.
The ruling was that i should have claimed all the charges at the same time and not to return at a later date and claim again for other charges as i knew or should have known at the earlier smallclaim that these charges were to be claimed also.
So in Scotland against CB only at the moment as i expect other banks to use this soon, if your charges are say over £1500 then you will only get one claim at it so decide if it is worthwhile raising an OA or accepting the £1500 (summary cause) if you are not the much over it.
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.
I live in edinburgh but rent a flat in Aberdeen which is where my work is based
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2
Re: Urgent Attention Please Read
I am trying to put togethe a claim between £1500 and £2000 for submission to my bank ,and failing payment to issue 2 small claims . I understood yhis was yhe only method to pursue under scottish law?
I'm slightly perplexed by this. Is it not so that once you have but in your claim via the courts you are unable to update your schedule without incurring costs?
I have recently won with Natwest and am at the lba stage. These latest charges accrued were due to their interest and Unauthorised borrowing fees, no fault of my own as they are nothing to do with unpaid chqs, d/dbt and the likes. I have given them ample opportunity (two seperate letters infact, prior to the LBA) to settle without the complications of court proceedings, I have yet to receive a response. Are you suggesting I let sleeping dogs lie, because of this possibility?
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.
Re: Urgent Attention Please Read - Claims in Scotland
Originally Posted by caro
With Nat West you might consider claiming using, for example, the English Head Office address, thus using the English court system.
Forgive me caro there has been a misunderstanding, as I am using the English address as I actually live in SE England!!!
It's just that I came across this thread and although I am more than aware that this relates to the Clydesdale bank in Scotland, I am rather concerned that soon this may ring true to the banks down in my neck of the woods.
Re: Urgent Attention Please Read - Claims in Scotland
Originally Posted by muggins73
Forgive me caro there has been a misunderstanding, as I am using the English address as I actually live in SE England!!!
It's just that I came across this thread and although I am more than aware that this relates to the Clydesdale bank in Scotland, I am rather concerned that soon this may ring true to the banks down in my neck of the woods.
Sorry muggins, I just seem so embroiled in Scottish stuff at the moment I assumed you were there. Should have seen on your profile.
I think this is unlikely to be an issue in England, as the system is more user friendly. A lot of people have routinely gone over the small claims limit in England, as the process is just about the same, as is the outcome. In Scotland a lawyer is required for larger claims, which obviously costs money, so claims have been split to enable people to act for themselves.
What Clydesdale/Yorkshire Bank have been doing in England though is sending cheques for a lower amount than the full claim, stating that encashment is seen as acceptance of Full and final settlement. If people have cashed the cheque and written to say that they accept as part settlement only, they will apply to have the claim struck out, and I believe have succeeded. For this reason we have been advising people to tear the cheques up and send them back with a rejection letter.
I hope this eases your mind.
Nattie, you may have a point although I'm not sure if YB/CB would pull the full and final settlement card. Certainly an idea worthy of consideration.
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.
I am trying to put togethe a claim between £1500 and £2000 for submission to my bank ,and failing payment to issue 2 small claims . I understood yhis was yhe only method to pursue under scottish law?
Which bank Tony. If you start your own thread in the appropriate forum, with progress to date we can try and help you. Post a link to it so we can take a look and help.
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.
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.
Re: Urgent Attention Please Read - Claims in Scotland
I am a little miffed by the CB but fair play they have came up with a good one it seems, only means the goalposts need moved slightly and if this helps others then that has cost the clydesdale something, spread the word. An OA i feel could only be raised from the outset, if you claim a smallclaim first then it seems all the legal routes are effectively barred for you.
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.
Re: Urgent Attention Please Read - Claims in Scotland
Maybe for claimants who havent filed a second claim, however for someone like myself who has had a ruling against them on the second claim i feel that CB would advise them that it has been dealt with through the legal route, would love to be wrong but doubt it.
If peeps have put a single claim in and then found out that to raise a second claim would be foolish then they may have some hope doing this route. Unfortunately when i tried to contact the CB after my first claim was settled they refused to discuss the complaint saying it had been passed to legal who will be dealing with it from now on.
Re: Urgent Attention Please Read - Claims in Scotland
Seems like the establishment are siding with the banks now!. Maybe the Sheriffs and judges are getting higher bank charges than us! lol. C'mon let's be serious, how long did you think they would let us minions get away with raiding their coffers, even though it's LEGALLY our money?. If you poke a Crocodile often enough It will bite back. You just have to get a bit braver, or a bit smarter. I'm going for the braver part myself. Smarter usually comes after first aid.
Re: Urgent Attention Please Read - Claims in Scotland
Sorry to butt in, I think the answer is brazenly obvious to all those in Scotland who are considering suing for over 1.5k, maybe it is a wise idea for a group of you to get together and appoint a lawyer. If you win in court you will get their fees, and if the bank decide to settle the lawyer will include his/hers fees in the settlement.
Really this could work well for all involved, if all CAG members in Scotland used the same law firm, a decent agreement could be worked out (it is the lose arrangement you have to worry about, as it not really your concern how mush the banks have to pay them) and if it did ever come to court that firm would be experts by that time.
If you did go as a group it would be wise to have an agreed lose fee, ie if the claim should be lost you only owe the lawyer £250 or no win, now fee, but be carefull here as these can be tricky, if you did go down that road, you have to make sure you got 100% of the claim and not have to buy insurance.
Originally Posted by cascade
Seems like the establishment are siding with the banks now!. Maybe the Sheriffs and judges are getting higher bank charges than us! lol. C'mon let's be serious, how long did you think they would let us minions get away with raiding their coffers, even though it's LEGALLY our money?. If you poke a Crocodile often enough It will bite back. You just have to get a bit braver, or a bit smarter. I'm going for the braver part myself. Smarter usually comes after first aid.
I think the courts are right in doing this, we are knowingly trying to bend the rules, they are not saying not to claim but to do it correctly.
Re: Urgent Attention Please Read - Claims in Scotland
I'm going to be in touch with fos tomorrow, I'll ask about this scenario and let everyone know what they say. Bigmac's case was kicked out because it broke the rules, not because the charges were deemed to be fair.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
Re: Urgent Attention Please Read - Claims in Scotland
That is the point Robertxc and they have unlawfully taken money from me for years and now use the law to stop paying it back, (The corporate way) as cascade said they would eventually get their way and this looks like the start of it.
Now the waiting game to see what costs, i would rather have known how much there and then as its the not knowing thats worse.
Re: Urgent Attention Please Read - Claims in Scotland
Another point this action i raised was because they refused to settle since JUNE 06 and i had exhausted every avenue before taking the legal route.
I believe they have known this all along and have waited until the situation came about then played their ACE card.
Urgent Attention Please Read - Claims in Scotland
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SUCCESSESS
CURRENT CLAIMS
Originally Posted by caro
