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mel5

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About mel5

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  1. When I contacted the FOS recently I was told that they hadn't heard back from CB but they would contact me as soon as they did. I haven't even got to the point of asking for interest but I want it. This has been going on since April 2006 (pity the interest couldn't be applied from then). I keep watching George's thread hoping he gets a result. It's a bit wearing waiting and waiting. You feel it is never going to end. Mel5
  2. I've been corresponding with Rachel Scott of the FOS who because my 2nd claim was dismissed like yours and CB are saying as far as they are concerned the matter is closed. She is asking for more information to substantiate the FOS taking it any further. I have already explained that CB won on a point of law (not because the proved their charges were lawful). Should I send her a copy of Court of Session's opinion re res judicata. Mel 5
  3. Hi George I've been waiting to hear about costs too since my 2nd claim was thrown out at the end of March. So I take it they aren't going to pursue me for them. That's a relief as I had decided to go to jail before they would get any more money out of me. Mel5
  4. Clydesdale Bank Please add Stirling court to those who are not accepting second claims Mel
  5. Hi all Been to court today and as expected case was thrown out and expenses awarded to Clydesdale. (Don't know how much yet) Financial Ombudsman here we come! Mel
  6. Sorry to be the bearer of further bad news but I was to have a meeting with a lawyer this afternoon. I eventually got a copy of the defence 2 days after my hearing (I had to phone the court to arrange this - the staff were extremely helpful and had a photocopy ready for me to pick up). I then passed this on to the lawyer early last Friday and he got back to be yesterday afternoon as arranged. He told me that it would not be necessary for me to have an appointment because in his opinion the case is going to be thrown out at the hearing next Tuesday 13th. He didn't tell me anything
  7. Latest update: Was at court on Tuesday 27th for 2nd prelim hearing. Did not go well. It was a different sheriff and she was unwilling to make a decision so late in the debate and said that it should have been heard again by the original sheriff. She asked if I was unable to argue against the point of law that CB's solicitor had put forward. I had to say that I wasn't as I had not received a copy of the defence. To cut a long story short she has continued the case until the 13th March when the original sheriff will be available. But she did impress on me that I had better come p
  8. I have just had a private message stating that Clydesdale used the same argument in an Edinburgh court and that the Sheriff agreed to throwing out the case as "incompetent". If this happens to me when I return to court on 27th March does that mean that it is all over and that I can't put in another claim. Is the Clydesdale going to get away with only paying out £750 of a claim of over £3k? What argument can I use against the sheriff if he proposes that my 2nd claim should be thrown out? Help, please Mel
  9. Hi George Haven’t been on-line for a while as I was waiting for 27th Jan hearing on small claim No 2 vs Clydesdale Bank. Expected it to be same as last time “our charges are fair blah de blah “ and was shocked and totally unprepared for the defence Clydesdale’s solicitor used. Her defence was that my claim should be thrown out as it was “incompetent” for the following reasons: 1. because I had known at the outset that the amount I would be claiming was approx £3k I should have claimed the whole lot in one go. 2. I was therefore abusing the small claim system and as o
  10. Hello All Haven’t been on-line for a while as I was waiting for 27th Jan hearing on small claim No 2 vs Clydesdale Bank. Thought it would be same as last time as they had offered a settlement but as it didn’t include interest or expenses I turned it down. So a 2 minute appearance with a date set for proof hearing was on the cards. But that wasn’t the case. I knew that they had registered a defence but again expected it to be same as last time that the charges the bank was making were fair blah de blah. You could have knocked me down with a feather when I heard what the
  11. Hi George 1. Yes it included the £39 for raising the action plus 8% interest daily for the period that the small claim was served until the date of payment. 2. If when you sent in your request for payment and LBA it was for the full amount of your claim (not just £750 limit of small claim) then you skip these steps and go straight for your 2nd claim of £750. Mine has already gone and am waiting for a court date. But as the courts are getting flooded with claims I don't expect it to be very soon. I don't know if now that they have paid one (but not admitting liability of c
  12. Thanks George To clarify It was my first claim of £750 to be settled (unfortunately) so the next one is for the same account with Clydesdale. Poppy I confirmed it with Robert that if your LBA was for the full amount of your claim (say £3K) you can skip steps 1-3 and go straight to lodging another small claim for £750. Hope this clarifies - it's a bit early in the morning for me. Mel5
  13. Thanks SR Thought I would let everybody get over the London expedition first. Received a cheque for the full amount by recorded delivery on Thursday 30th. Wasn’t sure whether I needed to go to court on Friday 1st or not but decided to go. Just as well as Clydesdale was represented and informed the sheriff that I had in fact received a cheque in settlement as an ex gratia payment and in no way did the bank admit liability. Sheriff asked me to confirm this and I said yes but that I wanted a continuance until the cheque cleared. He was a bit surprised by this request but grant
  14. Went to court on Tuesday 21st for preliminary hearing and Lloyds had a solicitor there. Got another date in February 2007 for hearing evidence. There goes the kids' Christmas. However Didn't check my account until this morning and surprise, surprise I was £972 richer. So it's a Merry Christmas all round inc CAG. And the next small claim in the pipeline asap. Would a moderator please put this in litigations concluded for me. Thanks for all your help. Digger
  15. Thought this might be of interest. This is a copy of Lloyds defence which I received on Fri 20th against my credit card small claims action which comes to court (Scottish) on 5th December. The Defendant Lloyds TSB plc (“the Bank”) is a Bank whose registered office is 25 Gresham Street, London EC2V 7HN. It is admitted that the Claimant has been a Credit Card holder of the Bank at all material times. The Defendant will object that the Particulars of Claim in this action disclose no reasonable cause of action against the Defendant and makes no allegations against the Defendant as t
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