hi all. not sure if this is the right place to post this.

I'm acting on behalf of my mum who's living in scotland. she's had issues with clydesdale & after I told her about claiming, agreed to give it a go. to date:

june 27 rqstd & rec'd copies of bank statements from last 6 years ( 10quid charge)we find that she's owed 988.08 (incl.charges) over last 6 years

oct 25 sent prelim letter asking for repayment

oct 31 standard reply from neil mckirdy advising bank wouldn't oblige & threatening to counterclaim if things go that far

nov 16 I've just sent my mum the lba to be posted to the glasgow office dated 18th

But is it true that she can only claim as far back as 5 years? that's what I'm reading on moneysaving expert. I've been keeping uptodate on all the emails on the Clydesdale/Yorkshire forum & I'm aware that they're one of the harder nuts to crack but as far as I'm concerned my mum's worth it

West Yorks Red

yeah i think 5 years is right. Also i think there may be a limit of £750 as well. Not 100% sure so you might want to check that as well..

Hi Josamolly, thanks for that. yeah, I did have a look & I think that 750 quid is the max limit that can be claimed for through the small claims court. but if it's five years, then I'll need to double check the statements again.

West Yorks Red

You can claim back 6 years, after which it becomes statute barred.

The limit in Scotland is £750 so split it up and make two claims.

Don't put them through at the same time to prevent them from being linked by the court.

Good luck.

cheers Rooster, that's helped me. I'll call my mum tomorrow & advise her to just post the lba to HQ in Glasgow, recorded delivery. then I'll start reading up on the claims as, judging by the other posts I've seen, I could be in for a long fight - but it'll be worth it. about time my mum got some good news

called my mum on Sunday night, told her to send the letter by recorded delivery, so waiting for their response now. in meantime, going to check up on the claims & procedures.

West Yorks Red

Hi all on here. my mother called me on tuesday.received a reply from Neil McKirdy @ Glasgow HQ again after they'd received the LBA. Change of tone in the letter now. They are now going to "reopen the file and review". I don't think they've placed a timescale on how lon g it will take, simply that it will be as thorough as possible & they'll contact her as soon as they can. stalling tactics? do i go for the jugular & download an F1 from the site or do I send a letter 1st advising I will be doing so?

My best advice (as i don't know much of scottish law) is to start a thread or even possibly request this one be moved out of the welcome forum into the scottish forums.

ok Cheddar, thanks, where do I post the request?

my mum received a reply from bank (Mr Neil Mckirdy) complete change of tone compared to last reply when he said bank would counterclaim if we went ahead.

"..and as requested I have reopened the complaint and a further review is being undertaken. My understanding of the further issues you have raised are as follows:

initial complaint not fully investigated

no refund of charges levied to the account

he goes on to say he hopes to repsond to the complaint shortly & write to mum as soon as possible once he's had the opportunity to rev iew the above (yeah, right)

& love this part " Please be sure that every effort is being made to nring your complaint to a satisfactory conclusion"

doesn't make any difference. still filing for claim on Friday. thing is, I've been reading many of the posts relating to Clydesdale & the Scottish claims system. as I've given my mums address ( Scottish) in all correspondence, this will mean I file it through the Scottish claims system? using the N1 form in templates & is it best to go through small claims (i.e. 750 quid max per claim) of use the summary claims as I'm claiming 988.08 quid for my mum?

incidentally, watched the money programme on BBC2 tonight, things seem to be picking up, the banks don't seem to have a leg to stand on (or is this overoptimistic)

anyone help me out on this one?

HI mods, can you pop this thread into either Clydesdale or Scotland forum as I'm hoping someone more clued up about this process can help me. I need to start the claim process on behalf of my mum, who lives in Scotland, against the Clydesdale bank. I've been corresponding with the bank on behalf of my mum, but using her name & address as the correspondence. If I make the claim through the Scottish system, I believe it'll be better if I go through the summary claims court, but if the bank decide to defend & it DOES go as far as the courts, I may have to travel up there (I'm living in Yorkshire) as I'm not putting my mum through that hassle. BUt, would it be possible (& easier) for me to claim through the English courts as I live in England & the Clydesdale is part of the Yorkshire, which are both owned by an Australian financial house. which is better?

can anyone help me out here?

West Yorks Red

Hi Watson.

I'll get this thread moved for you.

Regards, Rooster.

well, got some good news this w/end. my mum called, received a cheque & letter from the bank. cheque NOT the full amt though. part settlement. so at least they admit they're in the wrong, altough the letter is the standard fare: "not our fault..." blah blah; " your responsibilty". the cheque is for 405.50 & they say that if she banks it they will consider this as her acceptance of case being closed. I DONT THINK SO! I'm going to file a claim this w/end for the rest of the outstanding (+ 8% judicial int.) & find that letter in the templates about non-acceptance of part settlement. I've told my mum to hang on to the cheque but no bank it. She says she's going to frame it

It's good news though. not quite there, but almost. how is everyone else doing?

HI everyone, I'm still hoping that someone can help me with this, re: my last message. I think that as the Clydesdale & Yorkshire are owned by the same Finance lot, I can make a claim through the English courts instead of the Scottish. (I live in England & my mum lives in Scotland) I've downloaded some claims forms but not completed as I'm not 100% certain I could do this, if that is, the bank decides to take it to court. & can I still do this as it's about 3 weeks since the bank made this offer & I've not replied to their offer. is it best to reply 1st advising we've refused & are taking them for the full amt?

am grateful for any help.

West Yorks Red

not had much chance to do anything the last week, been snowed in with work & off sick, trying to catch up now.

In light of the bank's offer of 405.50, which is less than half the amount we're claiming 988.08. I intend to reply to the bank, advising them that we accept their offer ONLY as partial settlement & intend to pursue the full amt. I'll then fill in the claims forms. this is the letter I intend sending, in addition, naming myself as my mum's legal rep.

another thing, if the bank defend this, & I can't get to the courts in Elgin (mums' nearest) can she appoint a free legal rep?

Response to settlement offer

Dear Mr McKirdy

Thank you for your letter dated 04/12/2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £988.08.

I will accept the sum offered only as part settlement and on the clear understanding that, as the settlement offer does not meet the full repayment figure of £988.08 as clearly stated in the Preliminary and Letter Before Action letters respectfully, I now intend to pursue recovery of the remainder, with a Sheriff County Court claim if necessary.

My letter before action sent previously indicated that you had until 05/12/2006 to respond before Court action commenced and there would be no extension to this timescale. This has now expired and I intend to pursue the recovery of the remainder of these monies.

In addition, I have appointed the following person to act as legal representative on my behalf. Please direct any future correspondence to him

Fraser Watson

23 Well Grove

Hove Edge

Brighouse

West Yorkshire

HD6 2LT

West Yorks Red

NB Just realised, do I also add the judicial interest to this letter as well? works out @ 489.32 total claim 1477.40 & also, what do I enter in sect. 4 of Summary Claims Summons; claim (form of decree or other sought) is it just the summons for payment of money? also think I'll need to get legal rep as I've been reading on many other threads that Clydesdale have a habit of defending in court before offering full s/ment.

What's everyone else's take on this?

have sent off the Summary Claims Form to my mum's local court in Scotland. They should have it by tomorrow. I've sent it by recorded delivery. Also sent a "thanks for the partial settlement cheque but no thanks & see you in court" letter to the bank & advised my mum to enclose the cheque with it. full amt claiming for is 1,489.89 (incl 8%) as well as the 39 quid for the cost of the fee. watch this space...

Moderator, for some reason this thread is now on RBS forum, should it not be in Clydesdale Bank?

Mum received confirmation from Sheriff Court of their receipt of the Summary Cause Summons. They've advised her that the Summons must now be taken to a solicitor or Sheriff Officer to enable them to serve it to the bank. They then say:

" Form 1 must then be returned to this office prior to the return date."

"Thereafter, you must contact this office the day after the Return date to enquire if the Defender has admitted the claim and lodged any offer for payment or if the Defender has lodged any Notice of Intention to Defend the action and to appear at Court." this is because they say that the Summary Cause Register must be minuted at least 2 days before the Prelim Hearing Date & that "Failure to do so may result in your claim being dismissed."

This will be done tomorrow. Getting excited now, I smell blood & don't wanna let go

West Yorks Red

update on this claim now is that I used a local solicitor to deliver the summary summons to the bank. I received a reply advising that the last date that the bank had to reply was 12th June. I contacted the Sheriff Court today who advised that the bank had replied & have stated their intention to appear to defend this action. The hearing is set for 19th June. I'm now trying to contact a local solicitor to try & get legal aid for my mum for this, if not, I'll go through our local solicitor (because it's a small village, he's known my mum from his schoolboy days). As far as I'm concerned, as the bank originally offered the partial settlement, this is proof of their knowledge that these charges set ARE illegal, unfair & do not truthfully represent the real cost of administering them.

West Yorks Red

by the ways, mods, I'm still on the RBS thread when I'm dealing with the Clydesdale. Can you move me back into the Clydesdale forum please?

my mum sent down the banks defence:

1) The contractual relationship between the Pursuer and the Defender was governed by the Bank's standard Terms and Conditions.

2) Those Terms and Conditions provided that charges would be applied to the Account if the Pursuer went over her authorised overdraft limit, and for returning items unpaid due to insufficient funds being in the account.

3) It is the Defender's position that the charges were service charges debited in accordance with the applicable Terms and Conditions in place with the Pursuer.

4)Esto, there has been a breach of contract, which is denied, the charges are not unconscionable nor extravagant and are therefore liquidated damages, rather than a penalty.

5) It is denied the charges constitute a contractual penalty of fine.

6)It is denied the charges represent an unfair penalty charge in terms of the Unfair Terms in Consumer Contact Regulations 1999. Paragraph 1 (e) of schedule 2 of the Unfair Terms in Consumer Contract Regulations 1999 provides that a term requiring any consumer who fails to fulfill his obligation to pay a disproportionately high sum in compensation may be regarded as unfair. The Charges are not compensation, but rather a fee for the service provided by the Defender in extending facilities to the Pursuer, all envisaged by the agreement between the Defender and the Pursuer.

7) The Terms and Conditions are fair having regard to: 1) the cost to the Defender of maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits, and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible; 2) the increased risk of loss to the Defender arising from such unauthorised transactions and the associated costs of enforcement and recovery systems; and 3) the need to operate standard procedures and to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case.

8) The terms and conditions complied with all relevant requirments of the Banking Code as the Banking Code was in force from time to time.

9) The charges from 19th October 2000 to October 2001 are time barred under the Prescription and Limitation(Scotland) Act 1973.

in a nutshell.

West Yorks Red

Mum visited court this morning. time set was for 10am, other cases overran a little & she was finally on at 10:25. Well, we won, of sorts, the judge ruled that she would be awarded 800 quid (less than the actual amt of just under 1500) mum said there were a few other cases waiting to be heard, some similar to hers. she got the impression the judge had sat through quite a few of these & was beginning to get fed up. When he advised her of the sum, she said his attitude seemed to be 'take it or leave it' she was fuming with the bank, wanted to rip their heads of. She's quite happy, but would have preferred the full settlement. She doesn't know if the costs are included in the sum.

She was advised that she should receive this settlement in about 4 weeks. The bank, she said, even had the audacity to claim they'd already sent her this cheque!

What she intends doing now is to leave the account open with a quid in it, so that it costs them more to run it than's in there.

Still, she's glad it's over.

Anyone else fighting Clydesdale/Yorkshire - they play dirty. keep at it. To all those who have enabled me to claw back this money on behalf of my mum - thankyou. Could'nt have done it without all the advice & guidance.

West Yorks Red