Hi All,

I am new to this, but wrote to my branch initially, asking for a breakdown of charges for the past 6 years, I got a three page standard letter back, blah blah blah.

I then wrote again stating that I still wanted the information, i faxed it, posted it and phoned to confirm delivery.

I then got a letter from CB asking for £10, which I have now posted. One I get thism, i will add everything up and send the letter requesting full refund.

I give them 14 days to respond, is that right ? then i go online to start the legal claim ?

Cheers

Stefan

Hi, they have 40 days in which to respond to your DPA Request and send your statements etc. Once you have received these you need to send the 'preliminary request for refund letter', which gives them 14 days to respond. If they don't respond, or respond basically telling you to go away, you then send the Letter Before Action. The LBA gives them another 14 days to comply to your request for refund. If you don't get the satisfactory response you want after this letter, that is the time you file your moneyclaim. Hope this makes sense PJ

p.s have a good read round the FAQ's, it'll help explain things more clearly.

Cheers PJ,

Will hold out until after the 40 days then.

Stef

Hi Guys

Sent my prelim letter to my branch, posted it on 17th. before i posted it i faxed it to my local branch (as i will with all my letter) and the confirmed receipt the same day.

I will give them until the 31st then send my LBA.

Happy Days

Cool, all going according to the Masterplan so far!

Keep it up!

Got the usual "sod off" letter today, surprised they did'nt take the full 14 Days.

Some lady called Alison Gilroy in Glasgow.

LBA already written, will fax and post tomorrow.

Posting to the branch and cc to Alison in Glasgow.

not giving up......!

Faxed over my LBA today to both the branch and Glasgow.

Then posted first class.

I got an answer phone message from the branch saying that all they will do is forward this on to Glasgow, even though I stated on the letter that I had already done this. She said for any future letters, please send to Glasgow as it is out of the branches hands.

My question being, should I ignore this at the MCOL point (in 14 days = yippee..!) and submit the branch address as if i put in Glasgow, i dont want to get treated as a Scottish Claim.

Regards

Stefan

Send everything to the branch. They won't be able to deal with it themselves, but they will pass it on.

Hi All,

Just to keep you updated, my LBA deadline passed, nothing from them.

I have done my MCOL today, just over £1200 including the court fee and interest. I did forget to add back on my £10 SAR cheque, but if I get back what I am owed then I dont mind, I am not greedy, unlike the YB

I am not sure if you mods need this but my claim number is 6QZ54440

Will keep everybody upto speed

Just a note regarding my other claim. I am making one against a catalogue, its only £50, but its my £50. They sent me a stroppy letter saying the OFT said nothing about them and that the £12 is only guidence, but as a matter of goodwill they are prepared to offer the difference between the £12 and the £25 they charged me. Of course I said no, and if you show me that your charges are a fair description of the costs you incur then I will be happy to forget the whole thing - LBA sent, lets see shall we........

Stef

Hi All,

I need some help please.

My LBA date passed on the 9th, so yesterday i did my MCOL, it was accepted and the bank should get the summonds tomorrow.

However, today I have received a letter from Neil McKirdy, stating all the usual crap, counterclaim etc etc etc. But he has enclosed a cheque for £500 in full settlement. Now i dont want to accept this amount, and my summonds issued has been done for the full amount, what do i do ?

The letter states:

However, the bank would like to resolve this matter with you without the expense of a court action. I therefore enclose a cheque in the sum of £500.50, representing half of the charges debited to your account. This cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this.

Help please ?? do i send the cheque back, or cash it and write back saying thanks but i am carrying on, can i change my summonds now ?

i am truly stuck

Stef

personally, I'd write back saying something along the lines of thanks for your cheque, but you don't accept it as full and final settlement and that you won't cash it until you receive the remainder, see you in court etc. Stick to your guns - they will pay it all out because they just don't want to go to court!

ok pj, will do that.

I have spoken to MCOL and they say its not a problem. I can just amend it when i seek judgement to say what I have received etc etc.

I wont cash it yet then.

Thanks mate

If the court say you can change the amount later, and you haven't written yet, you could say thanks and I will pursue the rest in court. Don't worry about their conditions as they are in no position to dictate terms.

This was my response:

Neil McKirdy

Customer Relations Manager

Customer Relations (Box 14)

Clydesdale Bank Exchange

20 Waterloo Street

Glasgow

G2 6DB

Dear Neil,

ACCOUNT NUMBER: ********

Thank you for your letter dated 15th August relating to the penalty charges applied to my account. Unfortunately I have already started legal proceedings against Yorkshire Bank through the small claims court. I set a clear deadline of 14 days from my Letter Before Action; I had confirmation from both the branch and Glasgow that my letter had been received. I extended the deadline by a further 7 days to give you the benefit of more time. I eventually started legal action on the 16th August 2006.

I accept your cheque of £500.50 as a partial payment, but I will continue with legal proceedings until I receive a further payment of £751.92, which will be the full amount as requested on my claim form. I will not cash the cheque until the remainder is forthcoming.

I hope you find this notification in writing satisfactory and I feel disappointed that it had to result in this action being taken. I look forward to hearing from you in the very near future.

Yours faithfully,

Hopefully this is ok as I posted it earlier today...!!

fingers crossed

Absolutely fine. Well done.

ok, quick update. Nothing from YB since last post.

They have acknowledged my claim and have 28 days from when i served it to come back to me.

If i dont hear from them can i go for judgement ? and i assume its from the date of the claim, they dont get an extra 5 days added on like the initial 14 do they ?

Just a quick update.

I have a copy of the acknowledgement today.

It states they are intending to defend the claim in full. No suprise really, its what i expected as they have done this with everybody else so far (excludig you dan) so I am not worried.

I expect they will drag it out as long as possible, never mind, more interest for me.

Well, another update.

The gits have put in the defence on the deadline day for moneyclaim.

Gutted, it seems other banks are understanding they wont win and paying up, why are these so hard faced.

I am assuming that I await the court paperwork and a date. Am i right in saying that in most cases once the AQ goes back the YB are paying up before the actual court date ?

I am expecting I will get the hassle regarding joint account as it was only one claimant.

tick tock tick tock - i continue to wait for YB to get their **** together.

Hi All,

I actually had the defence on my doorstep when I got home today.

They are claiming firstly that it should be to "Clydesdale" and not the Yorkshire, and secondly that my account is in joint names but the claim is in one, therefore it should be struck out under CPR 3.4(2).

Seen all this before so not worried.

My questions are:

1. Do I just wait now until i receive the relevant paperwork from the court, there is nothing for me to do ?

2. Would it be worth my while, writing to Kirstie Ross (YB) and thanking her for the defence, and just stating that I will not be intimidated, that the issue with the one claimant is because MCOL does not allow 2 claimants.

That I will be happy for this to progress to court, and I am looking forward to the YB stating thier actual costs were as they state the costs past on to me were a fair pre-estimate.

I know it might not be the done thing, but I am willing to try it if it means they stop fannying about and realise we will not be moved.

I am also a little confused regarding the bit in her letter that states "The charges that amounted to the sum of £795.00" but in my last letter from Niel McKirdy were he enclosed a cheque states "I therefore enclose a cheque in the sum of £500.50, representing half of the charges debited to your account"

I would raise that with her as well.

I basically want to show her that we are not ignorant idiots, and we will fight.

Do YB even understand what they are doing themselves, I doubt it.

I would appreciate any come back on this as I am gagging to write to her

Stef

You have put it in the courts hands now so leave it to them. Your time will come.

You have put it in the courts hands now so leave it to them. Your time will come.

Caro is right, just let it run. They will know you aren't going to be messed around when you keep on with the claim and don't budge. Then they'll pay you.

Cheers norvernrob and caro.

I have had my AQ yesterday and I filled it out last night and sent it recorded delivery today to the Nottingham Court. I will just continue to wait. Its just annoying that YB can keep taking the p**s this way by holding everything up.

Its just annoying that YB can keep taking the p**s this way by holding everything up.

Tell me about it!

Hi Caro,

I read through a post earlier today saying that some courts are 5 weeks behind with the AQ, I phoned nottingham, they said that at present all AQ's are dealt with within 5 days, however he noted the defendent and said that the YB will probably not submit their AQ until right before the deadline of October 7th.

Hopefully by October 12th (ish) i should have an idea of how this will progress.

Stand Firm everybody

Stef

Hi Everybody,

Ok I have been away for 10 days, but I got back to find 2 letters on my doorstep stating that I had not applied as joint claimants and they will be applying to have it struck out. I did note this on my AQ when returning it to the court, stating that the MCOL route does not give you the option for a second claimant. I have also written today to the Court Manager stating this, also stating that any debts/overdrafts acrrued would be treated as joint several liability so why not money they owe me. I have also asked for my wife to be added as a second claimant if this is deemed necessary by the district judge.

I will email the YB solicitor to confirm I have now done this.

Will keep you all posted