Letter received 2nd December offering settlement of the capital sum! I returned the letter accepting the settlement. As part of the terms I dictated to them (see my post of Nov 14th), I should have received payment prior to today! I'm fizzing mad as they appear to be playing silly buggers yet again! I'm seriously tempted to contact Neil McKirdy (customer relations) & tell them that settlement prior to court action is now not an option, and that I'll see them in court on the 18th!!! Would somebody please tell me to take a deep breath? Or should I push back as hard as they seem to be doing?

Phew!!! Thanks for that. I kinda thought that if I demonstrated that if I was willing to settle, the bank would see the light & just cough up. Hope I made it clear to them that I was perfectly prepared to follow it through though

Oops!! Too late I replied to their letter stating that I would be prepared 'in principle' to settle prior to court action. I've asked them to settle the total sum of charges (£1094) and remove all default notices applied as a result of them, but offered (in good faith) to waive the interest & expenses. If this is'nt acceptable to them, it's off to court we go!!! I did state that the letter was written 'without prejudice', so that should ensure that it's a 'between me and them' matter at present. I'll let you all know what their response is...........

They've offered to settle! £744 to drop the action (which is the capital amount I'm claiming for. No offer of expenses or interest though) Not sure what to do & could do with some reassurance. I've considered settling, but as I have a further claim (for around £350) I would'nt want to predjudice it. I'm of a mind to write back telling them I will settle all claims (without prejudice to future action) fo the full amount I intend to claim (£1096, plus 8% interest and expenses of £39) What would you guys/gals recommend I do?

I've got a hearing date!!! News came on Friday........Return date, 12th December, Hearing date 18th Should I expect a letter from the bank before then, do you think? Starting to prepare my case already. NOT going to be caught out by any fly lawyer if it comes to appearing in court!!!!!

I don't think he actually went to court They just rolled over & paid out when the summons was served on them!!! I'm pretty sure the banks now they're on a sticky wicket, & the recent upsurge in consumer awareness (and justifiable fury!!!) is going to eventually result in a test case. In the meantime however, I think they're of the view that the majority of their customers are'nt aware that a course of redress exists (or if they are, they view it as too much trouble)

Thanks Vikki Best of luck with your claim!!! Another friend of a friend has just received his first £750 from TSB, so it's looking as though things are on the up!!! Hope it works out for you & I'll keep posting progress reports as and when things develop

Thanks Mairi! Had a rethink though & resubmitted the forms as a Small Claim for £744 plus interest. Posted the forms back last Friday, so should hear something pretty soon I hope

Phoned the Court on Friday! Forms have'nt been processed yet so still waiting! Has anyone had any experience of claiming using the Summary Cause forms as opposed to Small Claims? Read on another thread that this procedure was intended for lawyers, but it's what the clerk at the court advised me to do as the claim is over £750. Slightly worried that this may incentivise the bank to lodge a defence

Hope so. I'll let you all know when I do hear Thanks for your support Stu

Lol....I just might be!!! Have'nt heard back yet. They should've received the papers last Tuesday, so I'm on the edge of my seat!!! Great news about your claim, hope mine goes the same way

Hi, Thanks for that. Tell them to get knotted, it would've cost me about £185 too!!!!!! I can give you a copy of the letter they sent me if you like? It clearly states that the required information is available for the £10 fee. They MUST comply with the DPA letter!!! If they keep up this ridiculous demand, threaten to report them to the Information Commissioner! If you're in Scotland though, you can only claim back 5 years. Give me a day or so, I'll get the letter scanned in & I can e-mail it to you? Just send me a PM if you'd like a copy

Yep....Yorkshire Bank & Clydesdale are part of the Bank of Australia Group!!! Go figure, huh? :-/ Lol

That should be ok in my case....I'm fighting the Clydesdale!!! Would love to be a fly on the wall when Customer Services in Glasgow get ANOTHER summons!!! Lol

Just been on the phone to A A Hutton in Dundee! Apparently, once the papers are returned to you from the court, you can send them to the Sherrif Officers along with a fee of £15.46 to have them served via registered post. The bank MUST have recived the summons within 21 days from the hearing date, so we need to make sure they're posted in good time. If the bank refuses to accept the summons, it will have to be served by hand which I think it where the £30-ish fee comes into play? Good luck

Hi All, Thought I'd start a new thread re Clydesdale! Story so far......... 26th May....sent prelim letter. Got standard reply telling me 'sorry you're not happy. Please s*d off!! HAve a free complaints leaflet!' 11th June....LBA sent. Absolutely no reply (even though I asked them to treat the second letter as an appeal!) 23rd September......Summary Cause forms sent by registered post to Dundee Sherrif Court claiming £1024 plus interest! Now awaiting the next stage. Would anyone disagree that the delay between sending the LBA and submitting the court summons can be construed as a reasonable period during which the bank could reply? Must admit, I'm starting to get a little bit nervous Mods, please feel free to move this if I've accidentally posted in the wrong place!

I've just issued court documents against the Clydesdale for £1024 plus interest at 8%. I used the Summary Cause forms instead of the Small Claims. Just have to hang fire & see what happens next. Here's hoping they just pay up!!! Good luck All

Yep, they're going to send all required copies to me 'in due course'. The micro-fische angle is (as you say) 'pants' as the DPA considers micro-fische files to be 'part of a relevant filing system' Did'nt really hold out much hope regarding the legal issues, but would'nt it be nice!!?? Actually made a mistake & sent of the initial letter asking for repayment before I had the details from the DPA letter. Received the standard reply saying 'sorry you're not happy, now sod off', then sent a second asking for them to further explain their position. I guess those letters would count as 'reasonable correspondance' & I should jsut go ahead with court action as soon as I calculate the amount owed?

I received my letter on Friday confirming that the bank wil provide 'copy statements' for the £10 fee paid!!! With that in mind (and I ain't complaining!!!) I'm just wondering if this backdown can be used against them? I refer to the initial reponse from the banks informing us that copy statements would be provided at a cost of £5 per sheet!? Could'nt this be used as further proof that the banks are acting illegally (or at least immorally!!) if they are being forced by the DPA to provide the same info for a £10 statutory fee? I'm also wondering about the differences between 'legally unenforceable' and 'illegal'. Surely, if any institution or person removes property without the weight of law behind them, and without the knowledge or consent of the party to whom the property belongs (i.e we customers and our money!!!) then that would be a criminal offence....i.e theft!? Just looking for another angle & would be interested to hear other's views.

Fantastic news!!! Well done! I sent my DPA letter to the Clydesdale a fortnight ago & have'nt had a response yet (they've got until the 26th). Finger's crossed. I reckon they've taken a couple of thousand at least over the last few years. Good to know you managed to force them onto the ropes. Here's hoping they'll just pay up in future & crawl back under their rock to lick their wounds!!!

I'll definately keep you posted as to progress!!!!

So what's the state of play with this shower now? I'm just about to post of my DPA prior to the LBA! It's the Clydesdale I'm taking on. Any tips most welcome!!! Cheers S

Many thanks to you both. Just been reading all about JMio's problems with this shower & am starting to get a wee bit apprehensive though. Determined to see it through in any case. This lot have taken us for idiots for WAY too long...........time to bite back hard!!!!! People power

Hi Everybody, Been a member for a few weeks now but this is my first post. Been looking into taking on the Clydesdale Bank to get my money back (which will be quite a sum, I imagine!!). Anyhoo, I just wanted to say 'Hi' & I'll let you know how it goes. DPA letter to go off this weekend!!! Wish me luck