AC2007 v Clydesdale Bank

[AC2007]

I am just about to write to the Clydesdale Bank regarding refunding charges applied to my accounts and I want to make sure I get the wording correct right from the start. I intend to reclaim charges going back more than 6 years as I have the statements to back up my claim. At present I recon that CB owe me the following amounts;

 

Personal account from 03/05/00 to present £3,549.00 + interest of £1,411.19 = £4,960.19

Business Account from 06/08/99 to 13/11/03 £11,154.00 + interest of £5,123.84 = £16,277.84

Business Account from 03/05/06 to present £305.00 + interest of £20.18 = £325.18

 

That is a total of £21,563.21

 

Should I write 3 separate letters or one combined, I was going to write;

 

Dear Sir or Madam,

 

 

Sort Code XX-XX-XX Account # XXXXXXXX

 

Sort Code XX-XX-XX Account # XXXXXXXX

 

Sort Code XX-XX-XX Account # XXXXXXXX

 

 

 

 

 

 

 

I am writing to request that you repay all the default charges that have been applied to my accounts. I do not believe these charges reflect the true cost to Clydesdale Bankof going into unauthorised overdraft.

 

The charges total £15,008.00, plus as I believe I have been unlawfully deprived of the money, I have calculated £6,555.21interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £21,563.21. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

 

Yours faithfully,

 

AC2007

 

 

Any help on whether to write one letter or three, and alternative wording would be most appreciated.

 

I am also writing to BOS reclaiming £28,208.93

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/117791-ac2007-bank-scotland.html

 

 

 

 

 

Wish me luck.

[Bigmac versus]

Hi AC2007 and welcome before you get stuck in and send something you later regret you would be wise to spend a couple of days reading up the FAQ,s and other peoples threads similar to your own.

As a pointer you need to seperate personal and business claims so you need at least 2 letters, i would seperate them all.

Dont claim interest at this stage.

Which part of the UK are you from?

[AC2007]

Hi AC2007 and welcome before you get stuck in and send something you later regret you would be wise to spend a couple of days reading up the FAQ,s and other peoples threads similar to your own.

As a pointer you need to seperate personal and business claims so you need at least 2 letters, i would seperate them all.

Dont claim interest at this stage.

Which part of the UK are you from?

 

I am from Ayrshire.

Why should i not mention interest?

[Bigmac versus]

If you refuse an offer from them as it didnt have interest and started any other action againt them (FOS, LEGAL) then it could harm your case as they have offered the full amount you are entitled to at that time.

Interest can only be awarded by a sheriff or after they have refused to settle.

By the way im in Ayrshire also.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

 

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

[AC2007]

I have been told by Trading Standards that because of the amounts involved, I will not be able to go through the small claims court and will have to go to the court of session, which is quite frightening. I just want to make sure that I get it right and the case is not thrown out on a technicality

[Bigmac versus]

Yes and that is why you should consider the FOS as Ordinary Action carries lots of risks.

[Bigmac versus]

The problem with the FOS is that all cases they are handling are on hold until Jan/Feb due to this test case but going OA i would never advise.

[Bigmac versus]

I do see your personal account would be around £3000 for the last 6 years and that the small claims in Scotland will be upped from £750 to £3000 come Jan.

[AC2007]

Do you think I should just write to the banks for each seperate account, stating the amount of charges that I wish to reclaim, without interest and then wait for the outcome of the test case.

[Bigmac versus]

The way i would go about it would be to seperate all 3 claims and go for 5 years worth of charges (for the moment) as per Limitation Act in Scotland sending Prelims and then following up with LBA's then in Jan start Small Claim for personal account, the other two business ones i would use the FOS.

[AC2007]

The way i would go about it would be to seperate all 3 claims and go for 5 years worth of charges (for the moment) as per Limitation Act in Scotland sending Prelims and then following up with LBA's then in Jan start Small Claim for personal account, the other two business ones i would use the FOS.

 

 

Does the limitation act mean that you can't claim back more than 5 years or you can't request information going back mor than 5 years?

If I cant claim more than 5 years my overall claim drops from £49,000 to around £12,000:eek:

[Bigmac versus]

Limitation Act in Scotland is 5 years

SAR letter asks for all your banking history not just 5 or 6 years although the banks may only want to give 5 or 6 years, beware of that trick.

There are thoughts claiming further back using 20 year limitation in Scotland but if it is possible you could do this at a later stage.

[AC2007]

Bigmac,

The only reason I wish to claim further back is because i have read on this site that as long as you can prove the charges were applied, you can claim back further. I don't want to claim for only 5 years and then discover I can't claim back the extra years.

Because of the amounts involved is it worth going through a solicitor?

[Bigmac versus]

I know what you are saying thats why its best to read up all options before deciding, i have provided a link for you to read up on 20 year.

 

http://www.consumeractiongroup.co.uk/forum/scotland/68143-20-year-claim-limit.html

[AC2007]

Because of the amount involved and the fact that I am going back more than 6 years in Scotland, is it worth approaching a no win no fee solicitor, as I have seen some of them advertise for 20%

[Bigmac versus]

Ambulance chasers NOPE, if that was the way you wanted to go then why not let the FOS deal with it, they wont charge you, no appearance in court and your case will be dealt with proffesionally.

[AC2007]

Ambulance chasers NOPE, if that was the way you wanted to go then why not let the FOS deal with it, they wont charge you, no appearance in court and your case will be dealt with proffesionally.

So I should just get my letters into the bank to state my claim (without interest) then wait for the outcome of the test case and go through the FOS:grin:

[Bigmac versus]

If you are going over the 5/6 years then i dont think the FOS will help you

however if you werent then i would file Small claim in Jan when the Limit goes up to £3grand for your personal and fire the other two into the FOS as soon as the bank refuse to settle them and you have that in writing.

[AC2007]

I have now sent the following letters, wish me luck.

 

Clydesdale Bank PLC

Charges Section

Third Floor

Brunswick Point

Wade Lane

Leeds

LS2 8NQ

Dear Sir or Madam,

Sort Code XXXXXX Account # XXXXXXXX

Sort Code XXXXXX Account # XXXXXXXX

I am writing to request that you repay all the default charges that have been applied to my accounts. I do not believe these charges reflect the true cost to Clydesdale Bank of going into unauthorised overdraft.

 

The charges total £11,459.00, plus as I believe I have been unlawfully deprived of the money, I have calculated £5,211.02interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £16,670.02. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

This claim supersedes any previous claims.

Yours faithfully,

Dear Sir or Madam,

Sort Code XXXXXX Account # XXXXXX

I am writing to request that you repay all the default charges that have been applied to my accounts. I do not believe these charges reflect the true cost to Clydesdale Bank of going into unauthorised overdraft.

 

The charges total £3,549.00, plus as I believe I have been unlawfully deprived of the money, I have calculated £1,488.97interest at the statutory rate, the amount the court will award.

 

I therefore ask that you repay me the full amount of £5,037.97. I have attached a full schedule of the charges and interest with this document.

I look forward for a full response to this letter within 14 days.

This claim supersedes any previous claims.

Yours faithfully,

AC 2007

Wish me luck

[Bigmac versus]

Progress, keep with it.

[AC2007]

Thanks for all the support

[AC2007]

UPDATE 30/11/07

 

Today recieved letter from CB regarding personal accounts stating the usual blah,blah,blah about the test case and that my complaint has been registered and stored. (don't you just love computer generated letters).

Do I send them an LBA or should I now just wait for the outcome of the test case?

[AC2007]

UPDATE 30/11/07

 

Today I received a letter from those nice people;) at CB regarding reclaiming charges for my business accounts.

 

They stated that:

 

You sought to rely on the following legislation as a basis for your claim:

 

1. Section 4 of the Unfair Contracts Terms Act 1977 (“UCTA”)

2. Para 8 and schedule 2(i)(e) of the Unfair Terms in Consumer Contract Regulations 1999 (“the regulations”); and

3. Section 15 of the Supply of Goods and Services Act 182 (“SGSA”)

 

 

Now looking at the letter I sent them (above post) I can not see any mention of legislation:o so can only assume that the nice people at CB;) have made a wrong assumption.(poor dears must be so stressed by all the nasty people from CAG ganging up on them:-x ), and I was going to send the following LBA.

 

 

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: xxxxxxxxx

vvvvvvvv

 

I am somewhat bewildered by your letter of 26th November stating that I was seeking to reclaim charges on the above accounts relying on as you state:

 

Section 4 of the Unfair Contracts Terms Act 1977 (“UCTA”)

Para 8 and schedule 2(i)(e) of the Unfair Terms in Consumer Contract Regulations 1999 (“the regulations”); and

Section 15 of the Supply of Goods and Services Act 182 (“SGSA”)

 

I never mentioned any legislation so can only put it down to assumption on your part.

 

I understand that the regime of fees which you have been applying to my business account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated the account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £11,459.00 plus £5,211.02 in interest as detailed in the full schedule which was sent to you with my previous letter. Total £16,670.02

 

 

I require repayment of this money. If you do not return it to me in full within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

 

 

AC2007

 

 

I am missing anything or should anything be added?

 

TIA as always.

AC2007

[Bigmac versus]

Looks fine to me.

No surprises there regarding CB.

[AC2007]

BigMac,

 

Correct me if I am wrong, but as far as the business accounts are concerned they are not affected by the test case, so after 14 days I should start proceedings?