claiming in scotland

[jay6664]

hi ive sent in my prelim letter on 4/7/06 claiming for £2821 from the clydesdale bank. but im not sure what to do about the £750 limit for claiming in scotland.

should i

 

A:make 4 claims all at once or

 

B:make 4 claims one after another in the small claims court

cheers

[o0oliambeeo0o]

Hi Jay, from what I have read in other peoples threads you should make one claim at a time, the reason being if you have the four going at the same time the bank can have them added together which would then take you out of the small claim.

 

Again this is only what I have read, the decision is yours

[jay6664]

cheers i think thats the best idea. just need to wait and see what their reply is to my prelim letter

[JMio]

Good luck!

 

Dont' expect too much from either your Prelim or LBA, as they've pretty much been ignoring everyone else's LBA's!

 

There's a growing number of us now that are about to begin Court Action against the Clydesdale, so keep an eye on this forum & see how it all pans out.

 

Most of all, stick to your guns & keep us updated.

[jay6664]

Hi all received a letter from clydesdale bank toay 15/07/2006 here it is

 

Dear Mr Hunter

 

I refer to your letter dated.4/7/06. I note from your letter that you feel excessive charges were applied to your bank account during the last six years.

During this time, the relationship between you and the Bank was governed by the Bank's standard terms and conditions. Those terms and conditions provided that:

 

(1) free banking is available while your account remains in credit or within an

agreed overdraft limit

(2) you must obtain the Bank's agreement before overdrawing on your account

 

(3) if the Bank made payments from the Account or paid cheques which were

guaranteed by the associated cheque guarantee card when there were

insufficient funds available, any overdraft created or any overdraft which

exceeded an agreed overdrafflTrnit would be unauthorised;

(4) if you drew cheques or authorised or made payments without sufficient money

available in your account, taking account of any overdraft limit and allowing for

uncleared cheques, the Bank might return the payments and make a charge for

doing so;

(5) charges and interest applicable to the Account were published in the form of

tariffs and up-to-date tariffs were available in branches and from time to time

enclosed with bank statements;

(6) where appropriate, written details of overdraft charges and debit interest

incurred on the account during the previous charging period (i.e., the previous

month) would be sent to you at least 14 days before the charges and interest

were deducted from your account;

(7) if the account had an unauthorised overdraft, additional charges might be levied

which would be debited to the account on the day on which the unauthorised

overdraft was created;

(8) if the Bank increased a charge for a basic account service, the Bank would give

you at least 30 days' notice.

 

I would note that the Terms and Conditions complied with all relevant requirements of the Banking Code.

You are responsible for the running of your account, and for ensuring that sufficient funds are in your account to meet the standing orders, direct debits and cheques which you have created or drawn on the account. As stated in the Terms and Conditions governing your account with the Bank, you are aware that charges will be incurred if insufficient funds are in your account on the dates the payments you have instructed are debited. The charges applied to your account were applied in accordance with the Terms and Conditions, as a result of your operation of the account.

Further, the terms and conditions were fair having regard to the following matters:

 

(a) the cost to the Bank of maintaining administrative systems relating to

unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque

and debit cards for the purpose of keeping the level of overdrawing under

review and controlled as far as possible;

(b) the increased risk of loss to the Bank arising from such unauthorised

transactions and the associated cost of enforcement and recovery systems;

© the need to operate standard procedures and to set standard charges in order

to avoid the substantial costs of individual assessment in relation to each

particular case.

Taking all of the above into account and having regard to the information that you have given, I am not prepared to refund the charges on your account.

If you have any additional information that you wish to provide please let me know.

Please find enclosed a copy of the Bank's "Addressing your Complaint" leaflet which advises you to write to the Bank's Customer Relations Manager should you remain dissatisfied with this response. You should write to the Bank's Customer Relations Manager within eight weeks of the date of this letter otherwise the Bank will regard the complaint as closed. Should the Bank be eventually unable to resolve matters for you, you may be able to progress matters to the Financial Ombudsman Service.

Yours sincerely

 

Alison Gilmour

Manager

 

i will still be sending off my LBA on tuesday 18th but will now send a copy to both the bank manager and the customer relations manager.i think this is just a letter trying to scare me off as if they had actualy read the letter i sent them they would have seen im only claiming for charges for the past 5 years not 6 as their letter states. ill keep you all informed as to any oter developments. cheers

[JMio]

That's their standard response - don't let them put you off!

[andy_h_arch]

Thanks jay6664 for keeping me up-to-date

 

Got my letter this morning - a bit down as I was foolishly hoping all was well with the world and they are sorry for their mistake !!!

 

Will now have to pick myself up and keep going.

 

How do you plan to deal with the small claims (scotland) I have tried to register but due to not having and English postal address i can not do it online. Do you just walk into the local sheriff court and hand over a form?

 

Thanks again

 

Andy_H

[jay6664]

hi andy im just going to print off the court forms (the links at the top of the scotland forum) fill in the details, it shows you how where you get the link.and i think your right you need to hand them in to the court (or post them)

because im in scotland im just going to split my large claim £2821 into 4 smaller claims each under £750 and serve these one at a time hope this helps

Jay

[jay6664]

forgot to say my LBA was sent off this morning to bank manager and customer relations manager. ill wait and see who gets their fob off letter to me first.

Jay

[artiblink]

Hi, this is my first post - am glad I found this site, and your post. I received an identical letter from Clydesdale today, and was wondering whether to give up or not, but reading further, will definitely be taking it further. I have only been dealing with the branch until now (they ignored my first request for refund of £547) so feel I will redo the letters to head office (seen a few names kicking about for contacts). Will read no with interrest. Thanks!

[jay6664]

hi all im now ready to take my claim form into the court on wednesday 9/8/2006

for the first of my claims (4 in all to keep within £750 limit)

my question is: is the claim form in the scottish forum by scotia ok to use (adjusted for my details ) or is there anything else i should be putting on my claim form??

cheers Jay

[jay6664]

well thats the small claim papers handed in this morning ill just need to wait and see what happens next.

scarry stuff this court buisness

[kev.s]

i'm con fused a bit, can o only claim £750? if not what need i do if the charges are more than that? i want to send my prelim letter away next week so just want to clear a few points. do i send my letter to head office, branch or both? does it matter if i have changed address? although my accounthas always been the same although it is now closed..thanks

[DougieM]

You can only claim £750 or less in the small claims but you can claim above that figure under a different form of small claim under Scottish law. Access www.scotscourts.gov.uk for furher info on this

[jay6664]

Hi Kev

You can claim every penny that they have taken from you. all you do is when sending in your prelim letter and letter before action put in the full ammount that they took from you but when it comes to the actual small claims process you need to split the claim into ammounts of less than £750 (ie. my claim is £2821 but im claiming for 4 ammounts of less than £750).hope this helps.

[jay6664]

Just an update to let everyone know my return date for the clydesdale to respond to my court action is 27/09/2006 with a hearing date for the 04/10/2006.

Just counting the days now till i get my sweet sweet cash

Jay

[caro]

Got everything crossed for you jay.

[jay6664]

Hi everyone, I've put in my claim to the courts and need to call them between the 27/9 and the 04/10 to see if the bank are putting in a defence (hopefully not!!) but if they do I need to go to court on the 04/10!!!

Can anyone tell me what I would need to take to the court?

So far the only things I will be taking are my statements, letters I've sent to the bank and received from them and a copy of there T&C's.

cheers

[caro]

How about a copy of any Acts that you have quoted in your claim with the relevant sections highlighted. They can be found in the forum statutes library.

[jay6664]

hi all little help needed i won first claim £730 but on putting in my claim for the seccond amount £735 thier lawyer has put in (to court) an incidental aplication stating that these issues were dealt with in the first claim and that the judge should dissmiss the case from court any help would be great

cheers

[caro]

Presumably the original claim was for different charges, so you just need to point this out to the judge. I am not familiar with the Scottish system, but presumably you could write to the judge pointing this out.

[jay6664]

cheers caro they were for different charges as i stated in the schedule of charges a copy of which they recieved ill write my letter to the judge right away

[mackie68]

hi,

im due to contact court tomorrow on 2 seperate claims, as the return date is then,

what happens now ?