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alangardner

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Everything posted by alangardner

  1. Hi, From what I can find on the site with my limited patience, I can only find a 'particulars of claim' template that totals around 1800 characters, albeit a very good one. When I have tried to file a claim with MCOL, they have a maximum of 1080 characters and a 24 line limit. I have summarised the main points and a copied version of my claim is below - the line limit is 24, but there are a few characters left. Please advise what you think, although it has worked once already Claimant had account-******** with Defendant-opened around August1999,closed around May2006.Whilst Account was open, Defendant debited charges to Account (purported breaches of contract on part of Claimant)+interest on charges once applied. Claimant understands that Defendant contends; charges were debited in accordance with terms of contract between itself and Claimant.Claimant contends that:The charges debited are punitive in nature;not genuine pre-estimate of cost incurred;exceed any alleged/actual loss to Defendant(any breach of contract);are not intended to represent loss,but to unduly enrich Defendant.Contractual provision that permits Defendant to levy such charges unenforceable by virtue of Unfair Contract Terms in Consumer Contracts Regulations (1999),Unfair Contract Terms Act1977+common law.Claimant claims:the return of the amounts debited-£***+any interest charged thereon;Court costs;£10 Data Protection Act fee;Interest pursuant to S.69 County Courts Act.
  2. Hi, From what I can find on the site with my limited patience, I can only find a 'particulars of claim' template that totals around 1800 characters, albeit a very good one. When I have tried to file a claim with MCOL, they have a maximum of 1080 characters and a 24 line limit. I have summarised the main points and a copied version of my claim is below - the line limit is 24, but there are a few characters left. Please advise what you think, although it has worked once already Claimant had account-******** with Defendant-opened around August1999,closed around May2006.Whilst Account was open, Defendant debited charges to Account (purported breaches of contract on part of Claimant)+interest on charges once applied. Claimant understands that Defendant contends; charges were debited in accordance with terms of contract between itself and Claimant.Claimant contends that:The charges debited are punitive in nature;not genuine pre-estimate of cost incurred;exceed any alleged/actual loss to Defendant(any breach of contract);are not intended to represent loss,but to unduly enrich Defendant.Contractual provision that permits Defendant to levy such charges unenforceable by virtue of Unfair Contract Terms in Consumer Contracts Regulations (1999),Unfair Contract Terms Act1977+common law.Claimant claims:the return of the amounts debited-£***+any interest charged thereon;Court costs;£10 Data Protection Act fee;Interest pursuant to S.69 County Courts Act.
  3. How did you get on with this? Any news? It seems the CB take it all the way - am I right?
  4. How are you getting on with this? Have you got a list of charges yet? I also hate their guts and got the '£5 per statement' response.
  5. I've sent them a letter in response to their £5 per statement 'bullplop' comment but it's on another link under 'clydesdale bank financial sevices anyone?' - on page 1 of the 'other' banks.
  6. Here is the letter I sent to the Clydesdale after they refused to supply me with info prior to July 2005: ................. I am writing in reference to your letter dated 12th April 2006, reference stated above. This is my second request for a complete list of transactions and charges, not necessarily ‘statements’, as you misinterpreted from my previous letter, relating to my bank account since the 6th of April 2000. Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 in relation to all transactions and charges relating to my above noted account since the 6th April 2000. The date of my first correspondence, which requested information from the 6th April 2000, is 6 calendar years before the 6th April 2006, which was when the first letter regarding this issue was sent. Your declaration of “statement information that we hold prior to July 2005 is, however, outside of the scope of the Data Protection Act 1998 and need not be provided by the Bank” (paragraph 3, reference **) is a misinterpretation of the law on the Bank’s behalf. I have already enclosed a cheque in favour of your bank for the sum of £10 with respect to the maximum statutory fee for processing this request, as you have acknowledged in your reply to my first letter regarding this matter. As the misinterpretation of my first letter and the Data Protection Act 1998 was an error on the Bank’s behalf, I do not feel there is any reason for me to allow the Bank more time to respond to my initial request. I look forward to your response within the maximum 40-day time limit under the 1998 Act, from the date 6th April 2006. The deadline is therefore 16th May 2006 for you to respond with all the information I have requested. I will remind you that I am requesting a complete list of transactions and charges, or, alternatively, a complete set of bank statements for that period. If the Bank fails to respond by the 40-day period, I will lodge a complaint with the Information Commissioner, and seek financial award as a result of distress and inconvenience. Yours faithfully **** *******
  7. They are barstools. Sorry for butting in, but both of you seem at the same point, if not a little behind me in the process of negotiating with Clydesdale. I have an overdraft with the shysters, for which I have had for 6 years. I got an account after moving to Scotland 8 years ago. After finishing 6 years of university study, I come across this. Boy, they will pay. Anyway, after many £25 charges for going 3p over my limit for which they charged me in interest for that month's overdraft, (on a student account may I add, unlike the RBS and Bank Of Scotland who are interest free) I sent the DPA letter. Here is their response (the meat of it anyway): "The statement information that we hold prior to July 2005 is, however, outside the scope of the DPA 1998 and need not be provided by the Bank in response to your request. Copies of such statements are, however, available at a charge of £5 per statement." So, i'm going to threaten them with a letter saying I will go to the information commissioner if they don't give me the info. Section 7(1) of the DPA says so - and I don't think I would have found that out for a while, other than going to the govern law website so thanks to the other member on this thread! It will take a while, but keep the faith. 1 more thing - I put a cheque in my Clydesdale account about 1 week ago, and the person who wrote me the cheque stopped it. Guess what - the Clydesdale charged ME £6 for their admin costs. I'm going to try and get that 1 back over the phone, if not, they can provide a breakdown for their costs ;-)
  8. Looks great - but I have one question about the interest: I am unsure about how to calculate the list of charges in the following scenario: They charge £18 for a late payment fee or such like, and then I phone them up to ask for a refund - they say no, but agree to refund half. That is refunded 2 days later. On the spreadsheet, do I say they charged me £9, or do I complete 2 seperate spreadsheets, one of which says the actual charges, and on another a list of the part refunds, then deduct one from the other?
  9. After sending the £10 DPA request for statements I got the same reply of £5 per statement prior to 2005 June, but saying their reply is bullplop and not suggesting anything else is no help. Should we write saying 'your reply is bullplop, therefore I want the statements'? Or, pay £5 each for the statements and add them to our bill? Why is it that it is only Clydesdale that are trying this on? There is no template in the library for this response.
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