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Bank Fodder suggested I post this in Scottish Forum

 

 

Hi

Although this is my first post I have been following your instructions and have at long last got my bank statements from the Clydesdale at the end of last week. This is the diary of my actions:

 

18/04/06 My first letter was sent to my branch

19/04/06 Got a phone call back saying that I wasn't entitled to this information under the DP act and they were returning my £10 PO. I asked for this info to be given to me in letter form.

04/05/06 received a response from Fiona @ Network Support (I felt Fiona was an old friend from reading your posts) with statements from July 2005 & saying the usual - it would cost £5 per statement for the rest.

16/05/06 sent off the 2nd library letter giving them 7 days to produce the rest of the information or I would take them to court.

18/05/06 received letter from Anne Findlay of Network Support with the following:

 

"The information you requested falls outside the scope of the DP Act as our records prior to July 2005 are only accessible via a combination of electronic and manual means. The latter is not referenced by criteria relating to individuals, but rather branches of the Clydesdale Bank. We therefore consider that this does not constitute a relevant filing system, as defined in Section 1 (1) of the Act and that this information is outside it's scope.

 

We hope that this satisfactorily clarifies our reasoning in this matter. If you require any further assistance please contact your branch."

 

30/05/06 My Reply

 

I am in receipt of your letter dated 18 May 2005 and find the contents totally unacceptable.

 

I have friends and colleagues who have accounts with the Yorkshire Bank and they have received this information back to 2000 for the fee of £10. As Yorkshire and Clydesdale both belong to the National Australia Bank it appears that the customers of the Clydedale Bank are being descriminated against.

 

Furthermore as Microfiche does not fall under the Data Protection Act if you do not comply with my request as outlined in my letter of 18 April 2006 within 7 days I will be referring the case to the Information Commissioner and taking legal action for non compliance of the Data Protection Act.

 

06/06/06 Response from dear old Fiona to the effect that since their letter of 4th May the Bank had amended its systems to provide this info to customers. (Surprise, surprise) and confirming that copies of my bank statements would be following.

 

28/06/06 Statements arrived.

 

I have filled in spread sheet and going back 5 years (Scotland) it amounts to just under £4000 (including interest). This is as far as I've got. Will need to study next step.

 

It's been a struggle to get this far but it will be worth it. Clydesdale must be the worst bank ever to get info from.

 

I could not have done it without your help. Thanks.

 

Will keep you postefd.

 

Mel5

 

**** MOD - Thread Moved into correct Forum **** JM

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Hi Mel,

 

Good luck - keep us posted

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Sent off my request for payment charges with spreadsheet (amounting to £3386.80 on 5th July. Traced the recorded delivery - signed for on the 6th. Just have to wait now till the 20th. Fingers crossed.

 

mel 5

 

Have just received statements from TSB Visa. Have a query? Can I include interest charges as well as late charges and admin fees. I have checked the FAQs but I can't see anything about it. But I could be having a senior moment. Can anyone help?

 

(I'm not sure I am asking in the right place?)

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Interest Charges can be claimed, but it's a complicated process.

 

Vampires has created a spreadsheet to work this out (in the library).

 

You'd be best to open up a 2nd thread under the Lloyds TSB Section for this other claim though!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Re letter requesting payment of charges dated 6th July have received a letter from Brian Durrand, Customer Relations Officer in response. 2 pages of blah de blah how they have done nothing wrong etc.

 

Getting LBA letter for posting on Friday 21st (their 14 days will be up onf 20th)

 

Has anyone got this far with the Clydesdale?

 

mel5

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Yes, I got the same letter from Biran Durrand today. Seems that the LBA only re-iterates the preliminary request though...

I've opened a new account in preparation of them closing me down...

Gee

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It's all pretty standard stuff so far - don't worry too much about it.

 

Just stick to your timetable, and follow the steps on here & you'll be fine.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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HI Mel,

You are so right about the clydesdale,i just recieved a letter today from them informing me that they have just recieved an instruction from my branch to collect 6 years of bank statements and have 40 days from recieving payment to do this,i sent my dpa request to them 26th june..:mad: :mad:

 

Good luck with your claim,will start my own thread for my claim shortly

 

Cheers

Stewart

:D

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  • 2 weeks later...

Sent off my LBA 21st July which was delivered on the 24th. I'm now studying small claims procedure to be ready for 7th August. Could someone confirm whether the £750 is inclding the 8% interest or is the interest over and above the £750.

 

Thanks

 

By the way has anyone had any dealings with Black Horse? Sent off DPA letter to Cardiff on 5th May - no response. Sent reminder letter on 14th July - no response. Thought I might have more luck with their local office in Falkirk. Sent off copies of letters sent to Cardiff and asked for a response within 7 days or I would proceed with getting an injuction to force their compliance. Was this OK?

 

Will also complete ICO form . Any other suggestions?

 

Mel5

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The £750 is the claim (charges etc) Interest can be added later if you get judgement (I think)

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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The £750 is the claim (charges etc) Interest can be added later if you get judgement (I think)

 

Dave

 

Correct - Claim for up to £750 of charges, then (assuming you win of course) the additional 8% interest can be added afterwards, along with the Court Fee.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Thanks davefirewalker and JMio.

 

Have downloaded forms to study. Look fairly straightforward but if I get stuck you'll be hearing from me.

 

Mel5

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  • 2 weeks later...

Have delivered Small Claims form to Sheriff Court today for the first £750 (£732.48 to be exact). Another hurdle crossed. The next 5 times are going to be a dawdle - by the time I'm finished I'll be on first name terms with the Court staff.

 

Just have to wait for the next step now.

 

Anybody else got this length???

 

Mel5

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I sent in a small claim form with a cheque for the wrong amount (genuine mistake) so they returned everything. Then I realised that the schedule I had sent did not include the 8% interest. When I send it back should I include the whole spreadsheet showing the 8% ?

Mel5

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Mel5 - Yes I took Clydesdale Bank to Court & last week they agreed to full amount + interest + expenses. They did have a solicitor in Court for the Preliminary Hearing and subsequently offered a defence but after one offer which I rejected, they did pay up one week prior to Full Hearing.

 

Just hang in there you will win!

 

See my thread for more information- http://www.consumeractiongroup.co.uk/forum/other-institutions/6536-clydesdale-bank.html

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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19.08.06:

 

Received notification of a court date

 

10th October 2006.

Return date 3rd October 2006.

Small Claim No: SA238/06

 

This is for the first £750 + interest etc.

 

Can feel the butterflies already.

 

Mel5

 

Could a moderator please post this in the correct litigation thread

 

Thanks

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  • 1 month later...
  • 2 weeks later...

Phoned the Sheriff court today to see if Clydesdale had offered a defence as I am in Court on Tuesday (10th). Guess what - they had. According to the clerk I spoke to this was the first time a bank had defended. All the other cases that he knew of had gone through without being defended. Talk about luck. He reckons that they are probably going to make mine a test case. Double lucky!!!

 

However when I got home there was a letter from the Clydesdale offering without admitting liability £732.48 in "full and final settlement". Funnily enough the amount is exactly what my first small claim amounted to (excluding interest). But as I am claiming £3410.91 in total (exc interest) I will not be accepting.

 

Does this mean that they are in fact not intending to turn up on Tuesday? The thing is it doesn't give me time to send off a "refusal of offer" letter. What do I do now?

 

Do I inform the Court of their offer before or on Tuesday?

 

Someone help please?

 

mel5

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Inform the court as soon as you can and ask how you should proceed. I am not familiar with the Scottish legal system so do not know the implications of this for you. I suggest that you fax a refusal letter to YB and the court so that they know that this is not acceptable as full and final settlement.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The same thing happened to me (although they offered interest & court costs in their offer) and I phoned the Sheriff Clerk at the court and told them what had happened and asked what I should do. They told me that the Clydesdale had already advised them and that they would appear at the Hearing and complete the process that the claim had been resolved - no further action was required on my part.

 

Caro is absolutely right - get in touch with the Sheriff Clerk & explain your position.

 

Is there a fax or email address on the CB letter where you could send your refusal or I suppose you just give them a phone and tell them - they will give you back your interest & court costs.

 

Best of luck!

  • Haha 1

Royal Bank of Scotland - Settled - Full Amount

GE Money - Settled - Full Amount

Tesco Personal Finance - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Settled - Full Amount + Interest + Court Costs

Clydesdale Bank - Pre June 2005 Charges - Settled - Full Amount

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However when I got home there was a letter from the Clydesdale offering without admitting liability £732.48 in "full and final settlement". Funnily enough the amount is exactly what my first small claim amounted to (excluding interest). But as I am claiming £3410.91 in total (exc interest) I will not be accepting.

 

mel5

Surely you are not claiming the £3k plus in this claim. I thought the limit in Scotland was £750. How much is this actual claim. If this claim is under the £750 then it would only be full and final settlement of the amount in this particular claim, but I don't believe that it would stop you claiming for other charges. Do not accept any conditions the bank try to impose.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Mel if they pay what they have offered without the interest and costs then they will in my opinion continue the process of court claims that you started untill your paid in full, this would be because they could hold on to your money without paying int or costs, whereas if you insist on interest and costs this could only benefit them to pay in full before action, hope this helps.

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