Clydesdale Finance PLC

[octron32]

First thanks Sophie-Jane for your help.

[caro]

if you are still here after all that I will keep this thread update with my progress.

 

Just about. If you get queries as you go along keep them short or people might give up. Does you good to get it off your chest now and again though.

[octron32]

I know will keep shorter in the future.

 

steve:lol:

[caro]

I know will keep shorter in the future.

 

steve:lol:

 

Much better.

[lookinforinfo]

Octron it would bug me knowing that Abbey thought I had cancelled a d/d when I hadn't. I am aware that you will get the money back in time, but if you could get to the bottom of the cancellation sooner, you get some of your money back sooner.

Grovelling apologies are nice too.

You can write to them asking when it was cancelled and by whom. Copy of letter

or transcript of phone call required. It was probably someone with the same name as you who cancelled.

[octron32]

hi, lookinforinfo sorry if i didnt make clear enough

[octron32]

Just a quick question if you have a CCJ against can interest be then added at a later date??

[octron32]

edited too long

[caro]

I get your point, but frankly I would do a SAR first, so that you have firm evidence that the money really has gone to them from your salary, and you are not working on suppositions. It is especially important to be in possession of all the relevant facts if you are going to report them. Also can you elaborate on the criminal offence. My understanding that the charges are unlawful under civil rather than criminal law, although I am not an expert. Be very sure that your letter is factually correct or you will not be taken seriously.

[octron32]

hi caro

 

i rang the company today and asked why i was being charged for interest

[Robertxc]

Hello octron32,

 

First off, my knowledge of the way the military deals with this stuff could be written on the back of a postage stamp, and my knowledge of CCJs is fairly limited too (they don't exist in Scotland).

 

However, my initial thought, based on your last post, would be that if the CCJ says that you have to pay £X, then that is all you have to pay. If they try to come back for more, I would tell them to Foxtrot Oscar. They can hardly go back to the court to complain that you're refusing to pay more than the amount of the CCJ...

[alanfromderby]

It is possible to take out a County Court claim for part of a debt. Often loan companies will do this in a way to test the waters. It also means that they can go into Small Claims track, at a much reduced cost, where the actual loan may be for much more.

 

Don't forget that we are adopting a similar position where a user has a large claim, and wants to break it down to avoid potential cost implications.

 

It is vital to get hold of the original documents, and a complete list of transactions from the inception of the loan. Only then can you assess what is happening.

[octron32]

i have sent a sra request anyway and told them that still stands at the moment.

[octron32]

Morning all

 

received this today after asking for letter charges back

 

letter in full

[Sophie-Jane]

Accept it as PART Payment Only

 

Re your letter dated (DATE), I am only going to accept the Goodwill gesture of £XXX as part payment only of the £XXX that has been unlawfully charged against my account which I hold at present.

At present calculate that you have taken £XXX.XX plus £XX.XX which you have charged me in overdraft interest (8%APR) for the sum which you have taken. Total £XXX.XX

Unless you can provide accurate breakdown of these charges levied against my Account, I will not accept any Charges levied against my account, at present or in the future.

 

I require repayment in full of this money (credited to the existing balance). If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus all my costs and without further notice.

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

Yours faithfully,

[octron32]

thanks for the pms sophie jane

 

wow thats a lot better than what i was going to send just remind me never to get on the bad side of you

 

thanks for all the advice lba being sent sd in the morning.

 

steve

[Sophie-Jane]

thanks for the pms sophie jane

 

You are welcome

 

wow thats a lot better than what i was going to send just remind me never to get on the bad side of you

 

Hey, Its this site that has given me the Guts to fight back, for once in my life, NO one will walk over little ol me

 

thanks for all the advice lba being sent sd in the morning.

steve

 

No excuses, Last night would of been better, Ok still would not be sent until today

[octron32]

morning all.

 

i have here the timeline i am running and having read quite a few threads can someone have a look and make sure its running right i.e. have given a reasonable amount of time in case it goes to court.

[octron32]

so got my final no letter so to be fair and to give them no where to turn will be sending this tommorow what do you think?

[caro]

You have already told them you will take them to court in your LBA and although I can see where you are coming from, I think you may appear to them to be wimping out, so they will not worry. It is over 2 weeks since you sent your LBA and they have not paid up so I would suggest you do as you have already told them you will.

 

If you must send it I don't see the need for an extra 2 weeks and I would let them do their own research and not provide copies of the acts, and I see no need to resend copies of letters that they already have. Did they ever give you this much time and information when they were charging you? I somehow doubt it and they have had a reasonable time to comply.

 

Show them you mean what you say.

[octron32]

hi caro

 

thanks for the response.

[caro]

Fair enough but I would still just give them until the 6th. Let them sweat!

[octron32]

i won

 

[caro]

If you had asked for it in the first place then yes, but you said in one of your letters that you would claim interest if you went to court, so I think it would be pushing it to go back and ask now. They wouldn't want to go to court over it, but I don't really think you should. If you have and others to claim then work out the interest on the charges and include that with your claim.

[octron32]

thanks caro i thought it would be cheeky, funny but very cheeky. i have got what i wanted so will leave it. i actually won twice my missus bet me 50pence that there was no way they would give me back the money.

 

she hasnt give me it yet so have sent lba.