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 provide details of charges prior to June 2005. The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs. A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this. I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness. Does anyone see any problems with this course of action?

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?

I think that the key decision is whether it should be a policy maker or someone who knows the practical details surrounding the charging regime. If it is a policy maker then to go too high in the organisation may be seen as being mischevious while the practical individual may know how the system operates but may not have the ability or authority to explain "why" the charging regime operates as it does. The trick will be to identify the correct person at the most appropriate level. I still think that Mr King or Mr Thorburn might be the right level and perhaps Mr Thorburn could come along to the court and sign a few notes for me!

Highly unlikely that they will go all the way but what may have happened at the court was that the Bank has counterclaimed against you. I would speak to the Sheriff Clerk and ask what occurred at the Prelminary Hearing and what is required by you if a counterclaim has been lodged. I went through exactly the same process and they settled before the full Hearing Date - it may be right up to the wire but they will settle. You will get loads of support and advice/guidance in this forum so don't panic. Keep us updated with developments. Best of luck.

I was having a look at the CB website and there are a couple of Senior Executives who might just fit the bill: Glenn King, General Manager, Operations - Glenn King - General Manager, Operations or David Thorburn , Chief Operating Officer, Clydesdale & Yorkshire Bank David Thorburn Chief Operating Officer, Clydesdale Bank Both have responsibilites for "operations" and Mr King specifically for customer processing operations. Now they might be worth suggesting as potential witnesses at the Hearing!

Thanks Robertxc - I recall reading it but couldn't remember where. I am sure that the need to summons a CB witness is unlikely but if there was an individual who could be identified as an "expert" in the charging regime then that could be useful in the future should CB decide to give their defence a run in court.

I think the suggestion is interesting but in reality there is little prospect of this happening - there is comment in another thread where a Sheriff agreed to Clydesdale Bank witnesses being summoned but NOT the Chairman/CEO. What is needed is someone within the organisation who has the responsibility for making or implementing the charging policy - the key is to identify that person and get him/her into court.

Who would you suggest would be a suitable person within the Clydesdale organisation to call then? I thought of Neil McKirdy because he responds in letters with the same information put forward by the Clydesdale in their defence in court therefore either he knows this information or is getting briefed. Either way if he is writing it then he has to take some responsibility for the detail and anyway it might be interesting at the preliminary hearing to suggest him as my witness.

Received letter today from Neil McKirdy, Customer Relations Manager, along with a cheque for £1276.75 to "resolve this matter without the disproportionate expense of court action". (The original claim is for £1789.50 and I have already started a Small Claims action.) One condition was that if the cheque was cashed then that would be taken as acceptance of the offer. Wrote back, declining the offer & enclosing their cheque & advised them that due to interest & court costs the amount being reclaimed was now £1934.01. Also reminded them of the court timescales and that I would be attending the preliminary hearing on 13th November and that is was my view that I had a good prospect of winning. I will wait & see what happens next. I was thinking about calling an official from the Clydesdale Bank as a witness for the full hearing to explain their charging regime and I am considering citing Mr McKirdy as he is the person who instigates responses on the Bank's behalf and should therefor be in a position to explain the charging details to the court. I'll raise this at the Preliminary Hearing if it gets that far.

Hi Tommy In relation to the 2nd part of your question, it is better to break your claims to below £750 as there are issues regarding expenses if you go outwith the small claims procedures. Small Claims expenses are capped at £75 (I think) but can be significantly greater if you go into the higher courts with larger amounts. Best of luck SR7133

Extremely interesting developments - the defence they put forward in court is almost identical to what they said in their reply letter rejecting my claim for repaying my charges. I have a Preliminary Hearing on 13th November 2006 and will be ready for this defence. When it comes to witnesses from the Clydesdale Bank I would be very interested as to who you are thinking about citing - I had thought about this eventuality but never got beyond this as they went & settled. I think that at some point they are going to give a claim a "run" in court but not sure if they will if it means putting CB employees in the witness box. SR7133

Thanks Robertxc I was using the advice given in the following thread which indicates that you can claim up to £750 in charges - interest & court costs are on top of this. I was thinking of starting a thread on this in the "Scotland" section so that we can get the definitive position. Any views? SR7133 http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/14833-mel5-clydesdale.html