george mcm vs Clydesdale bank

[Bigmac versus]

After reading a lot of posts and getting the information required I sent my DPA with £10 to the clydesdale head office on the 1st july truly expecting no end of hassle due to what I have previously read. Within one week I got a reply saying they dont have to provide proof of manual intervention under the DPA but will provide all statements required. Then on the 25th July I got all my statements, now ready to ask for my money back, (over £2000) will send this during next week, and eagerly await there reply.

[Bigmac versus]

Quick update folks, asked for my money back oh so nicely and guess what, they havent done anything wrong and wont be returning any charges.

So now sent my LBA dated 16th Aug. Dont mind the wait, lets see how they like the boot on the other foot now.

[davg]

Hi George, I've just sent my prelim letter last week too, prepared for usual bull in reply but we've just got to be patient and follow the procedure until they get the message we mean business...

 

Keep us updated, cheers

 

davg

[Bigmac versus]

Got a reply today saying they have reopened my complaint and a further review is being undertaken saying they will respond within 28 days from when they received my LBA dated 15th August.

sent prelim letter-----bank said done nothing wrong

sent LBA ------------bank now want 28 days to reply

They will get 14 days like the prelim letter gave them, they now have 7 days left.

[Bigmac versus]

Had your usual weve done nothing wrong letter in reply to your prelim yet Davg?

[davg]

Hi George, no reply as yet, just the investigation letter, LBA wil be sent Wednesday as per schedule.

 

cheers davg

[Bigmac versus]

Strange that sometimes they are different ways to dealing with us.

LBA date runs out Tues 29th, dont expect a reply before then so i think a visit to the courts will be in order.

[JMio]

Good man! Good luck

[Bigmac versus]

Been following your thread with great interest JMio. OK no reply and 28 days was up yesterday so have forms to fill in but unsure what to write in box NAME AND ADDRESS OF PERSON AGAINST WHOM CLAIM MADE (DEFENDER) i know its the bank but WHO, shall that be the customer relations managers at the head offices or the manager at my local branch, cant find any references to this question, will check again.

Any advise would be gratefully appreciated.

[Bigmac versus]

Ok now have court papers filled out and will be handing them in tomm,

prelim letter sent 6th Aug,

lba sent 16th Aug

court papers handed in 6th Sept.

[Piggy bank]

Hi George

 

Well done on the court papers and good luck

 

I'll be following your progress since I'm so closely behind you. My LBA with the Clydesdale runs out in 2 weeks, after which I'll be filing court papers with Edinburgh sheriff court.

 

What address did you end up using?

[Bigmac versus]

Hi Piggy bank, filed papers today and court clerk couldnt have been more helpfull, even saying make sure they pay the 39 quid costs when they phone you! she also said date would be Nov but they will pay up before that as they have done so all the time, and are getting quicker with it now.

Could this be the crumbling of the Clydesdale bank defences at last.

 

Piggy bank------------Address as St Vincent Place, Glasgow.

[davg]

Hi George, hope everything goes well for you, were the forms easy enough to fill in ?

Not really had a chance to view them yet but will do so soon. I would love to actually go to court and win against this shower George, they have bullied me big time over the years...payback time awaits.

 

keep in touch

 

davg

[Piggy bank]

Thanks George. Would hope to get a date before November, but either way will hang in there. You do the same

[HRB]

George, Was your claim over £750 and if so did you do multiple Small Claims actions ?

HRB

[Bigmac versus]

Yes HRB it is over 750, will do multiple claims if i need to, more money that way with interest but they hopefully will pay up once they know you aint stopping till its all payed back.

[Bigmac versus]

This shower will try everything in the book to stall, i sent my claim on 6th september, came back to me this morning saying the names on it differ, when i went through it i had mr & mrs g mcmenamin then later had mr & mrs mcmenamin, my mistake, seems feeble but sod em, i will alter and send back, unfortunately it tooks nearly 3 weeks before i got it back.

[Bigmac versus]

Sent new LBA claiming contractual interest 3rd october at unauthorised rate.

b

[Bigmac versus]

New LBA was sent 03/10/06 due to contractual interest, received a reply from CB today 11/10/06 apologising as it has been 8 weeks since i complained and get this quote

" WE HOPE TO BE IN A POSITION TO ADVISE YOU OF OUR FINDINGS WITHIN THE NEXT FOUR WEEKS. IF WE ARE UNABLE TO DO SO, WE WILL PROVIDE YOU WITH AN UPDATE AT THAT TIME"

 

12 weeks and no findings, stalling me thinks, interest grows.

Anyway this time assuming i can fill in the court papers correctly they will only get the 28 days as advised. Court papers due 1st November and im looking forward to court.

[mel5]

Mel vs Clydesdale bank

 

My Court Hearing was yesterday. I found out on Friday that they had entered a defence. Also on Friday I had been offered a settlement £735 but as this did not include interest or costs and was to be in full and final settlement I declined. My total claim is for approx. £3910 plus interest and costs.

 

They had a solicitor in court with their defence which was much the same as the contents of the bank's letter that they send you refusing payment. The sheriff asked him to elaborate on the points made in the defence but was told that he would need more time.

 

So there is to be another hearing on 1st December.

 

We were out of court within 10 minutes. (A sleepless night for nothing).

 

I am told that the ball in now in Clydesdale's court so it's a waiting game again.

 

Mel

[HRB]

Clydesdale Bank.

I hit them with 7 small claims (on my personal account) covering different periods and they have intimated that they will defend the actions but they have asked the court to "conjoin" the actions and have further asked that the "conjoined actions" be remitted to the Ordinary Roll under rul 15(1) of the Small Claims Rules 2002.

My interpretation of this is that they want to have the hearing for the total amount covered by the small claims actions but I am unsure what they mean by asking for the action to be be transferred to the Ordinary Roll.

Rule 15(1) of the Small Claims Rules refers specifically to the transfer of a claim to another court??

Anybody any thoughts or experience of this type of defence?

HRB

[o0oliambeeo0o]

Hi HRB,

 

What they are doing is taking your case out of the small claims and into the ordinary cause track due to the amount being claimed, ideally you should have done one small claim at a time in chunks of £750.00.

 

The ordinary cause leaves you open to paying expenses in the event you lose and the rules are alot more complicated. If you go here :Ordinary Cause Rules it explains it all in detail.

 

I am going through the summary cause at the moment with LTSB.

 

Regards

o0oLiamBeeo0o

[Bigmac versus]

These peeps are tough to crack eh, they need more time to collect further information, they have had over 10 weeks to investigate due to me sending 2nd prelim, lba with contractual interest, times running out for CB and this neil mckirdy, be at court next week and hope to get my day to make them all out for what they are EDITBAR-STEWARDS.

 

 

**Moderator Note: Edited due to libelous content.

[Woodmill100]

Oooh Mel, well done for taking it as far as you have - I hope you kick their backsides! I am sending off my initial data protection letter on Monday with my £10 so I will see how it goes. Quick question, do I send this to my branch or to head office?

 

Best of luck on 1 December - are you the first person to take them as far?

[Bigmac versus]

Woodmill100 if you send to local they will only forward it to head office, so to save time ive sent to head office, hope this helps.