Piggy Bank v Clydesdale

[Piggy bank]

Hello all

 

My history with Clydesdale bank so far:

1. Sent Data Access request 3 August.
   
2. Received acknowledgement on 9 August from D Neal Stewart in 'Network Support', stating that they will send the requested information.
   
3. Received duplicate statements during the following weeks.
   
4. Sent off my initial approach for repayment on the 21st of August, giving 14 days for reply/refund (or more likely their standard reply).

Adding up all the charges over the years was a bit of a shocker! Am claiming a total of £2,436.66 plus interest, which by the date of dispatch of my letter amounted to a total sum of over £3000!

 

With the way the Clydesdale has treated me over the years, and the magnitude of the sum in question, I will have no hesitation whatsoever to force them to appear in court to explain the legality of these charges and repay them to me...

 

 

[davg]

Hi piggy bank and good luck with your claim.

 

davg

[pjdudley69]

Welcome to the site piggy. You'll no doubt find that they'll cough up before it gets to that stage, however if you read around the threads in here, you'll notice that you can expect them to submit a defence, counterclaim and mess you around alot before they do actually pay out. DO NOT let it deter you - we're steadily getting the better of them!

 

Best of luck

 

PJ x

[caro]

I will have no hesitation whatsoever to force them to appear in court to explain the legality of these charges and repay them to me...

I admire your spirit and will be there to see it if you actually get them there. It will be a first if you manage it, but please go for it.

[Piggy bank]

I admire your spirit and will be there to see it if you actually get them there. It will be a first if you manage it, but please go for it.

Thanks Caro. Well, I agree they're more likely to stall me there all the way, but I'm ready for them

[SR7133]

Piggy bank

 

I recently took on the Clydesdale and they did eventually settle for the full amount - see my thread -

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/6536-clydesdale-bank.html

 

It took a bit of time and a court appearance but just stick with it and you'll get there in the end.

 

Best of luck!

[Piggy bank]

Thanks for your encouragement SR7133. Am in Scotland as well, and am hoping for a similar outcome

 

If not, I'm not scared to mput my case in front of a judge and present my case. Looking forward to it actually....

 

Will keep everyone posted of course!

[Bigmac versus]

Hello Piggy bank and good luck to you, clydesdale will throw everything at you including the kitchen sink to deter you but stick with it and justice will prevail.

[Piggy bank]

Update:

 

Sent LBA 5 September and set up parachute account. Intend to file a court claim the 20th of September.

[Piggy bank]

Update:

 

received standard letter from Hilary McGuinness quoting the terms and conditions and threatening to countersue.

 

Unintimidated by this, my court claim is still on track.

[Bigmac versus]

Yes they will not settle until they have to pay interest after going to court, strange that as it actually cost them more that way,

Remember to add your interest as part of your £750 claim, i am following your thread with interest and am myself at this stage.

[Piggy bank]

I put a claim in with Edinburgh Sheriff Court today regarding another claim I have with Cahoot/Abbey. Will go back next week to file my (first) Clydesdale claim. Will keep you posted George.

 

And yes, I did put my interest in with my claim, and intend to do the same for my Clydesdale claim. It did cause some confusion with the clerks, but once I explained that I claimed 8% on every charge from the time of charge itself, that this would not get me over the £750 mark, and that the calculations were attached in the separate spreadsheet, all seemed ok.

[Piggy bank]

Received standard letter last week with offer of settlement, and with joint minutes to be returned to bank so they can inform sheriff that there is a settlement.

 

Suggested settlement sum was the total of all the charges claimed, but seeing that the sum did not include the interest on the money I claimed nor the court costs, I wrote them a letter yesterday rejecting their offer.

[caro]

Quite right too. Don't settle for less than you should.

[Bigmac versus]

Getting there Piggy bank well done.

[Piggy bank]

Thanks guys.

 

George, have you filed your claim in court yet?

[Bigmac versus]

Will be handed in this Friday morning claiming contractual interest, first claim was returned to me 6 weeks ago due to incorrect data and didnt include contractual so was a little lucky, i hope.

[Piggy bank]

That might be lucky indeed George. :)I did receive a second offer last week, which included the interest I had calculated and added to the claim as well.

 

But seeing that the claim did not include costs, I have replied that I do not consider it a satisfactory settlement:)

 

Am awaiting their response, but seeing that this week is my return date and next week the preliminary hearing, I hope for resolution of this one soon. In fact, I might have to pop round the courts on friday as well. Will find out tomorrow if they managed to put in a defence in the mean time.

[Dread]

Piggy, I like you was shocked to find Clydesdale Bank had charged me about £2,500 over the past 6 years so I sent them all the stuff I had to, was messed about and am now at the stage of taking them to court. My problem is I cant find any way of doing that for more than £750, I called the courts and was told I have to have a solicitor issue an 'Initial writ' if the amount is over £1,500. How have you managed it?

[Piggy bank]

Dread. Depends on whether you're in England or not. It looks like you are, so I would have a closer read of some of the information on the site relating to the procedure in England. I'm more up to speed with the scottish procedure, but do know that in England the small claims limit is higher then the Scottish £750, so I see no reason why you would have to engage a solicitor.

[caro]

Piggy, I like you was shocked to find Clydesdale Bank had charged me about £2,500 over the past 6 years so I sent them all the stuff I had to, was messed about and am now at the stage of taking them to court. My problem is I cant find any way of doing that for more than £750, I called the courts and was told I have to have a solicitor issue an 'Initial writ' if the amount is over £1,500. How have you managed it?

Hi Dread

 

It looks like you may have fallen into the trap of dealing with an address in Scotland rather than England. It would help if you could start a thread explaining exactly what you have done to date and we will try to help.

[Dread]

Piggy, you have raised a really good point, I am in England but does anyone know if I can make a small claim in an English court against a Scottish company, I thought I would have to apply to a Scottish court, or am I being incredibly thick? It would be so much easier if I could.

[Dread]

Caro, OK, here goes, I joined Clydesdale Bank in 1976 whilst living in Scotland. I moved down to England in 1988 but maintained my wife and my joint account which moved from Kirkintilloch to Gourouck then to Renfrew. So far I have sent them (I'm now dealing with Neil McKirdy) the data protection letter and had the predictable obstructive letter stating they would only supply statements from 2005, I wrote to the ICO and they contacted the bank (twice) compelling them to send the statements. Usual letter from the bank saying they didn't understand the Data Protection Act (What again!). I then sent the bank the first letter thats published on the Govan Law Centre web site, received threatening reply, then wrote the second letter giving them seven days whereupon I received a letter from Neil McKirdy that they would take 28 days to consider the matter again. I now have to get the matter into one court or another and as you can see I'm now struggling, it would delight me if I could compell a bank officer to travel down to Kent to provide evidence as to why they are making illegal bank charges. Thanks for any help you can offer.

[caro]

I thought the issue of not supplying DP information was resolved after the ICO told Clydesdale that they had to comply months ago. Are you still having problems with this?

 

Dread please start your own thread so your progress isn't mixed up with Piggys.

[caro]

That might be lucky indeed George. :)I did receive a second offer last week, which included the interest I had calculated and added to the claim as well.

 

But seeing that the claim did not include costs, I have replied that I do not consider it a satisfactory settlement:)

 

Am awaiting their response, but seeing that this week is my return date and next week the preliminary hearing, I hope for resolution of this one soon. In fact, I might have to pop round the courts on friday as well. Will find out tomorrow if they managed to put in a defence in the mean time.

 

Roberts thread might give you an idea of what to expect.

 

If you click on "search" and then "advanced search", put in the name "Robertxc", make sure it says "threads started by", and click on the YB/CB forum. You will see a thread with Court Update in the title. Sorry I can't just put a link in for you at the moment.