davg v clydesdale

[davg]

Hi everyone, I have been with the clydesdale almost 17 years and have decided after viewing this site to have a go at getting these charges back. I've recently received my statements for my current account and a mastercard. I'll hopefully be claiming back about £1500. I am in the middle of doing my schedule of charges and was wondering if anyone could advise me on the service charges levied (the maintenance charge you get the following month for being over your overdraft limit) as I read on the FAQ's that if you agree as part of the T&C's then you cannot claim these back however after checking back over the statements found that the service charge increased a lot if you went over your limit as a posed to staying within your limit e.g. £8.50 - £22.50. Just think that this is unnecessary as they have already charged me already for example a returned standin order or direct debit. Sorry for going on a bit but would like to complete this schedule asap, any help would be much appreciated and good luck with all your claims.

 

davg

[davg]

Hello again, quick update. Sent prelim letter with schedule of charges to local branch and received letter back from manager saying they need time to investigate the charges so once the 14 days are up LBA going pronto !

 

Cheers davg

[Bigmac versus]

Keep at em davg, never said would investigate mine just reitterated that they had done nothing wrong,YEAH RIGHT just pay it back.

[davg]

Hello again, received sod off letter from branch manager saying charges were fair and reflected banks costs to maintain administrative systems blah blah...

 

Will be sending LBA off asap. I was wondering if I should send two LBA's (one to branch manager and one to customer relations) ?

 

good luck everyone

 

davg

[Bigmac versus]

I sent one and to head office Glasgow, local branches only forward them there anyway, I suppose it would be good to wipe the smirk off tha BANKERS face at my local mind you!, keep me posted, cheers George.

[davg]

Hello again, quick update, sent LBA two weeks ago and after the first week received a reply from Hilary McGuiness saying will re-open complaint and would need another 4 weeks to investigate...chancers. I've stuck to my schedule so their time is up now, file court papers on Friday afternoon so no going back now.

 

Good luck everyone

 

davg

[Bigmac versus]

Hi Davg remember and make the 8% interest as part of your claim (750) on top of that you claim the costs £39.

[davg]

Cheers George, thanx for that, will change my schedule of charges spreadsheet accordingly.

 

good luck and keep in touch

 

davg

[davg]

Hello again, had a five week disruption in my claim due to work commitments so never managed to get my court papers filed but on Friday received a cheque from CB for more than half of what I'm claiming in a bid to "resolve the matter without the disproportionate expense of court action".

 

I didn't expect an offer at LBA stage but they have had an extra five weeks to "investigate the matter".

 

I fully intend to go for the whole claim amount so can anyone advise me whether to keep the cheque as a part settlement and go get the rest via court ? or do I send it back telling them I'm going for the full sum owed plus interest plus costs.

 

Should I give them 7 days to respond ?

 

Cheers and good luck everyone

 

davg

[hoogie32]

Davg

 

Look at my thread Hoogie32 v Clydesdale.

 

Im just printing the letter out now to send back to them - They have offered me £929 against £3553.00 -

 

No way

[Bigmac versus]

Hi Davyg got cheque last week less than half and letter saying for goodwill gesture, my arse. Sent refusal of offer template saying would accept cheque as part payment sent back today.

[davg]

Hi Hoogie, thanx for that, will read your thread right away.

 

Hi George, good to see your still battling away against big Neil and his cronies, just gie us our money back chief !

 

davg

[davg]

Just an update to say I've sent the settlement cheque back to Neil McKirdy with a letter stating I would pursue them for the whole claim + interest + costs in 7 days if no reply.

 

It was quite a hard decision to make as I have a 3 yaear old and 11 month old twins who would have got a really great xmas but I believe in my rights and won't settle for a penny less than I'm due.

 

Just hope that by sending the cheque back so close to xmas time (fat chance) will hammer home the message that I intend to go the whole way to get back what is my money. Here's hoping anyway.

 

Good luck everyone

davg

[caro]

You've done the right thing. Your little ones are young enough to be caught up in the magic of Christmas without the need for lots of expensive presents. Take it from one who knows, this will change!

[Bigmac versus]

Yes it will, lol.

[Dread]

Davg,

 

have a look at my thread 'Clydesdale bank obstructive behaviour'. I think in order that everyone is seen to exhaust every avenue before referring the matter to court, and in the light of comments made by the chairman of the FOS we really should be highlighting our intention of reporting these delaying tactics to the OFTand the FOS who have both stated their intention of, respectivly, legal action against the credit card companies who don't comply with the £12 limit quickly and a ruling to compell banks to deal with consumers without obstruction, Clydesdale and Yorkshire Bank are doing everything they can to obstruct all claims.

 

The point of all this is that the Banks ought to be more concerned with a prosecution from the OFT and a ruling from the FOS (which incidentally mentioned the customers that haven't claimed being paid back) to stop being obstructive which is much more financial damaging than a few persistant blighters taking them to court occassionally. Before you send in your court papers write to your bank with the text on my thread (or similar) and then should they still refuse to cooperate, go to the FOS web site, fill out the complaint form and send it off. This may take slightly longer but it will build complaints that the FOS needs to act.

 

Finally, when you go to court you look good as you have been seen to have attempted to keep the incident out of court and done everything possible to resolve the matter. And remember, there is also a risk that they will take somone on in court one day and win which would be a disaster for all of us so treat court as the very last resort, not the first.

[Robertxc]

Just an update to say I've sent the settlement cheque back to Neil McKirdy with a letter stating I would pursue them for the whole claim + interest + costs in 7 days if no reply.

 

It was quite a hard decision to make as I have a 3 yaear old and 11 month old twins who would have got a really great xmas but I believe in my rights and won't settle for a penny less than I'm due.

 

Just hope that by sending the cheque back so close to xmas time (fat chance) will hammer home the message that I intend to go the whole way to get back what is my money. Here's hoping anyway.

 

Good luck everyone

davg

brave move. Good luck.

[caro]

Davg,

 

have a look at my thread 'Clydesdale bank obstructive behaviour'. I think in order that everyone is seen to exhaust every avenue before referring the matter to court, and in the light of comments made by the chairman of the FOS we really should be highlighting our intention of reporting these delaying tactics to the OFTand the FOS who have both stated their intention of, respectivly, legal action against the credit card companies who don't comply with the £12 limit quickly and a ruling to compell banks to deal with consumers without obstruction, Clydesdale and Yorkshire Bank are doing everything they can to obstruct all claims.

 

The point of all this is that the Banks ought to be more concerned with a prosecution from the OFT and a ruling from the FOS (which incidentally mentioned the customers that haven't claimed being paid back) to stop being obstructive which is much more financial damaging than a few persistant blighters taking them to court occassionally. Before you send in your court papers write to your bank with the text on my thread (or similar) and then should they still refuse to cooperate, go to the FOS web site, fill out the complaint form and send it off. This may take slightly longer but it will build complaints that the FOS needs to act.

 

Finally, when you go to court you look good as you have been seen to have attempted to keep the incident out of court and done everything possible to resolve the matter. And remember, there is also a risk that they will take somone on in court one day and win which would be a disaster for all of us so treat court as the very last resort, not the first.

 

 

We welcome the day that they take someone on in court as the law is on our side. It's the banks avoiding court appearances not us. There would be no problem proving the banks to be in the wrong. Ask yourself why they aren't going to court, because they could very quickly put a stop to all these claims if they just stood up in court and proved us all wrong. That's the point. They won't do it.

 

The trouble is the FOS and OFT will take even longer, which is why the process adopted by this site is to allow 28 days before resorting to court, which so far has proved perfectly acceptable to the courts.

 

Please familiarise yourself with the FAQ's and step by step instructions on this site, which set out a tried and tested successful process, as do our template letters. Owing to the differences in the Scottish legal system, the Govan website does provide useful information too, but the basic process we suggest works in Scotland too. Robertxc, one of our own moderators is claiming against Clydesdale in Scotland, and is very familiar with the legal system there so support is available from this site too.

 

There have been in excess of 4,000 successful claims (and those are just the ones we know about) using the methods here, and we have over 90,000 members, many with multiple claims. I consider that to be more than a few persistent blighters taking them to court occasionally. Please do a bit more reading so that you will understand our process and the legal arguments to support our claims.

[Dread]

Caro,

 

rather than hijack this thread please have a look at my thread 'Clydesdale bank obstructive behaviour' for a response to this.

[caro]

Done

[Bigmac versus]

davg, hi there was wondering whats the latest with you?

[davg]

Went to court on thursday with papers and spreadsheet filled in but was informed by the clerk that I would have to word the claim(section4 from form 1 of the small claim summons) differently if i was to to include the 8% interest from the date the charges were brought about, not from the date of service (which would be when the summons would be served). Can anyone help me with the wording of this ? I have looked at loads of threads to see if anyone has also had this problem but i can't find any unfortunately.

The clerk actually said she had never seen anyone going for 8% interest from the date the charges were brought about ontop of the judicial interest which i was a wee bit alarmed about. Hope someone can help me here, thanks.

 

davg

[Bigmac versus]

Davg i myself filled in that section albeit i claimed contractual interest at 29.25%, if this is any use to you pm me and i will send u copy m8.

[davg]

Cheers George, i've managed to come up with something that incorporates the charges and interest at 8% that comes up below the £750 limit so should be ok now. Just worded it a wee bit differently so the judge knows that it's not judicial interest i've included. Thanks again mate.

 

davg

[Bigmac versus]

looks spot on, go get em.