This topic was closed on 11 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 09 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/06/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Well done Mel - I was watching your thread with interest and that is a great result. Nice for Christmas time!

Hi Mel5 I was just wondering how you got on with your Hearing - any update? SR7133

Hoogie Who are the witnesses they are putting forward and do you know their positions within the Clydesdale Bank?

Pitsfordpirate Apologies for not responding sooner but in relation to my subsequent claims my new thread is here - getting there slowly but surely http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/27700-sr7133-clydesdale-bank-pre.html

Received a letter offering the full amount of charges but no court costs or expenses & had to respond by 24th November if I wished to accept. I didn't , so I then received their defence - just the usual which has been mentioned here previously - conditions etc etc. Funnily enough no response from Mr King but I have now written to them rejecting their offer and will wait & see what happens. A bit disappointed really as I was looking forward to a better defence and a response from Mr King.

Sherlock No I was no longer with them whem I made the claim Best of luck

That's the letter off to Mr King , Cydesdale Bank's General Manager, Operations outlining my case and advising him that I intend to use him as a witness in my claim. He can either appear voluntarily or I will have him cited him as a witness. If he cannot make it on the day of the Hearing I have advised him that I will ask for an adjournent to a date when he is able to appear. I await his response!

Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification. I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to

What will be your arguement against their defence? I have Preliminary Hearing on Monday and am likely to receive the same defence with a full Hearing probably next month and it would be useful to have a consistent approach.

Contacted the Sheriff Clerk and CB have advised that they intend to defend the action and will be represented at the Preliminary Hearing on 13th November - here we go again!!!

Letter received from CB acknowledging the return of their "offer" cheque and stating that the Small Claims Action takes precedence over the Bank's complaint process. Further correspondence will originate from the Bank's legal department. I get the feeling that the Customer Relations Department was unaware of the legal action until I told them! Return Date for the Small Claims Action is today so I will wait and find out what their legal department intend doing & if they are lodging a defence.

I am likely to receive a similar defence early next month - I take it that your argument will basically be that the charges are unfair under the UTCC, that they are a penalty rather than a "fee" and that the Bank should provide details of their true charging costs?