george mcm vs Clydesdale bank

[Piggy bank]

Hi George

 

Thanks for the update on the costs. As you know, my case was thrown out of court before yours, and I never heard back from them about the costs. I guess this must be the reason for me as well than, that they haven't decided to pursue the costs. I suppose doing this wouldve been an even bigger public relations disaster from their part...

[Bigmac versus]

Hi Henk yes you are right it would not look good on them but that never stoppped them before.

[mel5]

Hi George

 

I've been waiting to hear about costs too since my 2nd claim was thrown out at the end of March. So I take it they aren't going to pursue me for them. That's a relief as I had decided to go to jail before they would get any more money out of me.

 

Mel5

[PitmanTheBRAIN]

My 40 days after sending the DPA Letter is almost up! 3 days left, i have just recieved a letter saying...

 

Dear (me)

 

Re: Data Protection Act 1998 - Data Subject Access Request

 

I Refer to our previous correspondence Acknowledgeing receipt of your request for details of charges and/or statements relating to your bank account(s).

 

Within the terms of the Data Protection Act 1998 we have 40 days in which to provide you with the information we hold. The end of this period has almost been reached, However, Due to the high Volume of requests we have recieved in relation to this high profile issue, i regret that we are not yet able to provide you with the information requested.

 

Whilst you are within your rights to refer the matter to the Information Commissioner at the end of the the 40 day period, I confirm that we shall provide you with the information as soon as we possibly can.I thank you for your patience and understanding in this matter.

 

Yours Sincerely

 

Advice Quality unit - Charges Section

 

where do i go from here? do i send a letter before action when the 40day period is up??? xx

 

 

Please get back to me when u can!! xx

[debt_mountain]

My 40 days after sending the DPA Letter is almost up! 3 days left, i have just recieved a letter saying...

 

Dear (me)

 

Re: Data Protection Act 1998 - Data Subject Access Request

 

I Refer to our previous correspondence Acknowledgeing receipt of your request for details of charges and/or statements relating to your bank account(s).

 

Within the terms of the Data Protection Act 1998 we have 40 days in which to provide you with the information we hold. The end of this period has almost been reached, However, Due to the high Volume of requests we have recieved in relation to this high profile issue, i regret that we are not yet able to provide you with the information requested.

 

Whilst you are within your rights to refer the matter to the Information Commissioner at the end of the the 40 day period, I confirm that we shall provide you with the information as soon as we possibly can.I thank you for your patience and understanding in this matter.

 

Yours Sincerely

 

Advice Quality unit - Charges Section

 

where do i go from here? do i send a letter before action when the 40day period is up??? xx

 

 

Please get back to me when u can!! xx

 

If it was me, I would not bother with the ICO at thos stge (I am using them for another reason and they ain;t quick). I would create a realistic estimate of my charges and start the process of Prelim and then LBA and hopefully by that time the true SAr data will arrive and for the claim form you can use the correct information.

 

I have read that the 6 years limitation starts from the date of the court action so if they were to delat things then anything at the start of the 6 year eriod will start to drop off.

 

Just my view. I hve now done about 8 claims with different institutions and this is how I would proceed, I am sure others will come along with other ideas.

 

Sorry but the ICO and chocolate tea pots are related.

[PitmanTheBRAIN]

Thanx for getting back to me so soon

 

i have most of the originals of my charges and interest charges but only for a year 1995, dont think my charges went on for more than 2 years? how do i total all them up? what exactly is it that im adding up? and whats the best letter to send first?

 

thanx for your time again, hope to hear from u soon xx

[Bigmac versus]

Hi all a little update

12/03/07 sent complaint to FOS

30/03/07 confirmation from FOS

01/05/07 Called FOS to find out what was happening and was told they are waiting on the CB replying to their request for my details of claim, now when i called exactly 1 month was told the same.

So for the moment it is still the waiting game.

Sending the FOS (CYN) DVD

[Bigmac versus]

Ok as my second case was thrown out due to the first case being settled i went through the FOS as i was effectively barred from further action.

Not according to this i aint as i was settled out of court.

 

 

Lets see what happens next now.

 

res judicata need not apply to cases that have been paid out without going to court i.e dismissed etc. read this

http://www.scotcourts.gov.uk/opinions/C42014(B)98.html

 

Upon showing this at Edinburgh sheriff court they now will accept second claims, also for res judicata to apply each case needs to be the same. so why not use just the case law the first time and then the second claim to feature solely on UTCC's.

 

 

 

Refused a second claim after first one was settled without court appearance then the above should be interesting for you or you were thinking of raising a second claim as you had been settled without appearing at court but due to the likelyhood of it not being accepted you have delayed any action then how does this sound now.

[caro]

Don't give up Bigmac!

[Mr&Mrs B]

This is good news for us. We are looking to proceed with a second action against IF. Our first case was settled before being heard and was subsequently dismissed. We intended to go ahead but we were pretty worried about it. Because HBOS are struggling to keep up with the complaints at the moment we were going to chance our arm a bit but were aware it was risky. This fills me with a little bit of hope.

 

Thanks for this and good luck with your claim. We're also chasing the Clydesdale so hope it all goes well for you too.

[mel5]

I've been corresponding with Rachel Scott of the FOS who because my 2nd claim was dismissed like yours and CB are saying as far as they are concerned the matter is closed. She is asking for more information to substantiate the FOS taking it any further.

 

I have already explained that CB won on a point of law (not because the proved their charges were lawful).

 

Should I send her a copy of Court of Session's opinion re res judicata.

 

Mel 5

[poltmcm]

in my opinion yes i would, as the case in it's entirety was not heard and was therefore dismissed due to CB paying out.

This would also allow it to go through court again, for a second claim. you would need to push for a full proof hearing against CB to get it through to them we are not giving up and they will not want a judgement on either the case law or the UTCC's

[Bigmac versus]

Hi all, i agree with poltmcm my only concern would be that the FOS wont get involved in disputing the courts decision regardless of what evidence is presented but it has got to be worth a shot, maybe if the 2nd case that was thrown out could be overturned then that would help make the FOS decide, however if they dont favour us Mel i personally will go for MCOL and see what happens, with nearly £3000+interest at stake i will not give in easily and demand to have my day, reap what you sow CB.

I will get my money back, every penny.

[caro]

Go George! Go George! Go George! And you too Mel

 

And all the rest of you of course, but these two have had a tough time with CB and it's just great to see that their spirit is in tact and they are still in there fighting, which will help others who follow them no end.

 

Keep up the pressure.

[PitmanTheBRAIN]

hey guys!!! EVENTUALLY!!! i have recieved my statements/charges!!! whoopie!!! it totaled up to £1642.54, whats my nest step now?? send them another prelum letter x im in scotland!! help me!! xx he he he xx

 

Caroline xx

[Bigmac versus]

Ok the FOS have now received my file from the CB and they have now requested the bank to pay back all the default charges in their entireity or explain their costs, spoke to the adjudicator who agreed in regards to the 2nd case (shouldnt have been thrown out) but will await the CB response to this request, i also said i wouldnt be happy unless i got the interest due on that amount also as this has been ongoing since June 06 so if they dont pay the interest they have gained by holding my money back from me over that timescale.

Will be sending in some more info to support my claim in anticipation that the CB claim the courts have rule on this as the adjudicator said that decision was on the action not the charges.

CB can delay as much as they want the end is the same.

[lol114]

Hi Bigmac

 

I am so pleased you have recieved some good news from the FOS, if anyone deserves it you do!

 

 

linda

[bandonbhoy]

congrats george. you have been put thru mill, but hopefully you will get your return soon.any chance of follow uparticle in the herald?

[Guest res judicata]

well big mac, i see my link provided has brought some success to you and i beleive CB will not be able to argue with the FOS because they will run the risk of the FOS opening their books so to speak. i am well chuffed we have worked together to at least open the gates for the claimants again. well done m8

[Bigmac versus]

Well lets hope the FOS have more success over the CB than the court action has, until the money is paid back i wont take anything for granted, interesting to note that the FOS adjudicator has requested the CB to pay up without any res judicata needing sent and yet Mel who is in the exact same position as me has to provide more documentation to support her claim, hope Mel gets whats due soon and i have advised her to use my REF NO with the FOS so as to find out why there is any difference in the claims because we cant see anything.

[Guest res judicata]

hmm true, there is some interesting conflict there. i can see they must be misinterpretation's of the rules/codes of practice/policy for each case.

 

it will be interesting to see the outcome or if CB the most aggressive bank will give in rather than open their books. i suppose it is a waiting game for now however it would be interesting to see which way the FOS actually decide to go..........i will subscribe to this thread to keep updated.

[Bigmac versus]

The res judicata has certainly helped blow any hope that CB had of dismissing any further 2nd actions raised when an out of court settlement was raised for the first claim and i wonder if the FOS will decide over this even though the second case was dismissed, the adjudicator i spoke to agreed with my thoughts and as id said earlier has requested the CB to pay 100% back or explain their charges, knowing the CB as we do i dont expect anything from them now.

[Guest res judicata]

yes the res judicata ruling has, however for people reading this it must be done in a certain way, for it to be achievable.

 

first claim - case law only

 

second claim UTCC's only

 

but yes i can see the CB backing down on this one because as per watchdog interveiw the head of the FOS did state he would instigate a investigation if ever the bank refused the FOS request. so yes i can see you getting all of your money back. as per my previous post it is a waiting game for now, which i'm sure we don't mind a bit too much;) as long as it goes the right way

[Dusary]

What is "UTCC's", please?

[PitmanTheBRAIN]

the bank just tried to fob me off with a check for £"00 are they joking? spokr to the FOS they told me t send it back with a letter of complaint, so hopefully they will be able to fish out the whole lot from the clydesdale bank and get it in my account for the summer!!

 

godd job FOS I recomend them to anyone!! x