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)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

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.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



+ Reply to Thread
Page 1 of 2
1 2 LastLast
Results 1 to 20 of 21
  1. #1
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Hello CAGicon,
    Firstly, hats off to all involved with this site. It has always disgusted me that institutions with such power can make huge profits from the people who can least afford it.
    I have, on many occasions, had my already chronic situation made far worse by these vultures.Being skint can be expensive. Now the tables seem to be turning and many people are recieving life changing sums of money thanks to you.
    Well here is my situation.
    I have two current accounts and one credit card account with the clydesdale bank in scotland. I sent away asking for six years worth of statements at the end of january and have recieved only the credit card and secondary account statements. Already the charges tot up to over a £1000. My main account is where the fun begins, i expect the charges to be about £3000 going back six years and double that if i go back a few more years.
    I intend to go for contractual interesticon and have an address in london to use.
    By the way I rang the AQU in leeds yesterday to ask for more than six years statements and mentioned s.32, the guy i spoke to asked if i had been on this site and also said he had visited the site in the morning.

    Similar Threads:

  2. #2
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    now for the questions.
    Should i treat each account seperately and start the ball rolling with my (credit card £200) and (secondary account £1000) or wait for the statements for my main account and do them all as one case?
    Has anyone recieved older statements (past six years) from the clydesdale?
    Can anyone help me with a letter informing them that i still await the six years and could they extend that to twelve years of statements under s.32 etc etc.
    thanks in advance for any advice, help etc.


  3. #3
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Did you specifically ask for 6 yearsicon of statements, or did you send a standard SARicon which doesn't limit how far you go back.

    Personally I received statement in 2006 going back to 1998 when I first had the misfortune to deal with Yorkshire Bankicon.

    There is a lot of additional reading at the head of this forum in stickys and for Clydesdale you don't need to worry about S32. In all honesty, I think your best option will be to exhaust the banks complaints procedure and then make your claim via the Financial Ombudsmanicon Service rather than the court if you are in Scotland, although Debt-Mountain, whose thread I know you've read is trying the collection centre in Leeds. He is the first I've heard of doing this so we await the outcome with interesticon.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  4. #4
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Hi caro,
    Yes i used the money saving expert (before i found CAGicon) standard request asking for six years specific to certain accounts. I have rang them and they do have older statements but want £5 a pop for them. I also remembered i had a credit card 1998-2000 which had loads of charges on it. I am tempted to fork out the £5 charges but ask only for statements with charges on them.


  5. #5
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Just do a standard SARicon off this site and you should get everything for a tenner. If your 40 days aren't up yet, maybe you could just write with an amendmenticon to the original, and if you're feeling kind give them a bit of extra time.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  6. #6
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    a wee update.
    After many phonecalls i recieved statements for my main account going back to mid 1999. the charges add up to £2500. when looking over the statements i noticed i had yet another account for all my so's and dd's.
    so that is two credit cards and two secondary accounts as well as my main account, all riddled with nasty/lovely charges.
    Questions:
    Is it worth chasing statements from a time before i was 18, can you be charged prior to this?
    If they dont comply with my revised S.A.R - (Subject access requesticon) and i have to take them to court to retrieve statements should i take them to an english court, bearing in mind i intend to take them to an english court with my main claim? I live in scotland by the way.


  7. #7
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    In theory under 18's cannot be charged. But theory and practice aren't necessarily the same thing. Some banks have been know to charge under 18's.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  8. #8
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Am still waiting for older statements from closed accounts and intend to lump them all together in one big claim.
    This Contractual interest - Precedent - LOST seems to blow the CI idea.
    Am now considering still going for CI in the prelim letter to guarantee progression through the stages and safeguard the s.69 8% interest.
    If they paid straight away I could lose out on loads of interest.


  9. #9
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Well i have sent two letters, recorded delivery, and had many phonecalls asking for statements relating to other accounts not listed in my orignal S.A.R. and no joy.
    I have decided to do another S.A.R but have a problem, I dont have the account numbers for the accounts i want statements for. One is a mastercard from 1998 and the other a secondery account from 1998 to 2001. The secondery account has loads of direct debits from my main account but is only listed as AC/NO2 in statements.
    Leeds AQU have told me to get the AC/NO2 account number from my branch and my branch are saying they cannot get it for me.
    How can I retrieve this unknown account numbers?


  10. #10
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    That is the banks problem, not yours. If you give them your name and address, and any changes of address while you dealt with them, they should be able to find them. If you had all the info you wouldn't need to do a S.A.R - (Subject access requesticon). Just send the basic SARicon from this site, and don't put any limits on the info you want. You want everything they hold about you and your accounts.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  11. #11
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    I got a response from my second S.A.R - (Subject access requesticon) sent 25/07/2007, today. It basically says I can only claim for five years and so they will only be sending six years worth of statements, unless I write to confirm that I want older ones.

    It also states that there is no specific mention of manual intervention within the Data Protection Act and so they are under no obligation to record or provide this. Also, they are under no obligation to provide terms and conditionsicon as the data protection act covers personal dataicon only.

    A bit of a no brainer really, will send a letter (recorded delivery) confirming that I do require the data and that the 40 day clock is ticking.

    Should I mention that my claim will be in an english court and I will be invoking S.32? Also, is there any point pursuing the terms and conditionsicon or arguing for manual intervention info in the letter I send?


  12. #12
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Don't bother getting into it. Just get the SARicon sorted for now. You've already told them what you want, which is everything. You'll unlikely to get more than statements.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  13. #13
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Bloody Clydesdale!!!!!!!!

    I rang today to let them know the 40 days are up and to expect a letter informing them of a complaint to the fosicon, and court intention.

    I had to relay messages through my branch because the AQU phone is off line. I was told that the six years worth of statements for the two accounts (I requested????) were ready to send. These are the statements i already have.

    I clearly stated that I wanted statements for ALL of my accounts on my S.A.R. I sent a letter recorded delivery to confirm that i did want older statements, in response to their attempt to dissuade me.

    I intend to take them to court in England when reclaiming the charges. Will my English claim be affected if I take them to court in Scotland for D.P.A non compliance? Also will the dreaded stay affect D.P.A non compliance cases.


  14. #14
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Any advice or opinions appreciated. Will my English court claim be affected if I take them to court in Scotland for D.P.A non compliance? Also, is the dreaded stay affecting D.P.A non compliance cases?


  15. #15
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    It's a totally separate issue so I don't think it should be a problem. The DP Act is nothing to do with the test case.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  16. #16
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Thanks caro, you are never far.

    Have just read that the Scottish small claimicon limit is being raised to £3000 and also they are not staying claims. Fantastic news. I may need to rethink my plan.

    I seem to recall people in Scotland having there cases thrown out for trying to do multiple claims, to get past the £750 limit. Would the courts throw out multiple claims if the account numbers were different for each claim?


  17. #17
    Site Team caro has disabled reputation caro's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Mar 2006
    Posts
    25,133
    Blog Entries
    1

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    I think it would be very risky to try multiple claims against Clydesdale as they were the bank getting second and subsequent claims successfully thrown out. I know there was talk of the small claimicon limit in Scotland increasing but I don't know when or if that is going to happen.

    Fed up with bank charges?
    Email your MP TODAY!!!

    Sign the Petition

    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.

    END LEGAL LOAN SHARKING
    SIGN THE PETITION TODAY



    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.

  18. #18
    Site Team The Consumer Action Group BankFodder has disabled reputation BankFodder's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Jan 2006
    I am in
    Please consider making a donation if we have helped you. Thanks
    Posts
    14,859
    Blog Entries
    11

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    I've responded to you. If you don't see my email then check your spam foilder

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  19. #19
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    mystery1 Informative mystery1 Informative

    Follow Real_CAG on Twitter

    Cagger since
    Aug 2009
    Posts
    266

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    Quote Originally Posted by caro View Post
    I think it would be very risky to try multiple claims against Clydesdale as they were the bank getting second and subsequent claims successfully thrown out. I know there was talk of the small claimicon limit in Scotland increasing but I don't know when or if that is going to happen.
    Scottish Government: Web page currently unavailable.

    Small claims limit increased

    12/09/2007

    A fourfold increase in the limit for small claims cases will benefit many more people throughout Scotland.

    Justice Secretary Kenny MacAskill today announced that from next January someone taking a small claims action in the sheriff court will be able to do so up to a maximum of £3,000. The previous limit was £750. This will mean that cases such as disputes about houshold goods and bank charges could be dealt with in the relatively simple, quick and easy to use small claims procedures of the sheriff court.

    In addition, all personal injury cases are to be removed from the small claims procedure to enable anyone pursuing such a claim to obtain the necessary medical evidence and legal representation required.

    Mr MacAskill also announced a number of other changes to sheriff court jurisdiction limits as follows:

    Summary cause actions - Over £3,000 up to £5,000 (previously over £750 up to £1,500)

    Ordinary cause rules will apply in cases over £5,000

    Privative limit (any cases below this figure must be raised in the sheriff court) - £5,000 (previously £1,500).

    Edit :- Link does work.

    M1


  20. #20
    Basic Account Holder
    Help the CAG!!
    Download our toolbar
    Dr Hunter Novitiate Dr Hunter's Avatar

    Follow Real_CAG on Twitter

    Cagger since
    Apr 2007
    Posts
    71

    Default Re: Dr Hunter vs Clydes(over 6 yrs using eng crt)

    I have decided to get the ball rolling with this and am keen to test the water with my secondary account which has the usual suspects of charges totting up to around £800.
    If all goes according to plan I will be taking the Clydesdale to an english court using a friends address.
    I have dug out all of my old stuff and although I have a complete set of statements the rest is a bit patchy.
    Does anyone have any of the following I could use:
    old Clydesdale current account terms and conditionsicon (around 2004 would be perfect)
    any of the old penalty/charge letters (again from around 2004 would be perfect)
    Thanks very much for anything you can come up with



Browsealoud
Video Tour



Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE