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    • Just an update for all. I received about a letter every other week, increasing in threat levels. Then I hadn't had one for a about two weeks, then Saturday received a carbon copy of the very first letter they sent me in February. Made me laugh, rinse and repeat. 
    • So, your response was not received by the SCP as you did not send it with a valid stamp. Therefore, from my two option in post #14, the first option is the only one available to you, but you do not have the option of asking to be sentenced at the fixed penalty level as the reason the SCP did not receive your response was down to you. Here's a reminder of what to do: Respond to the SJPN by pleading “Not Guilty” to both charges. In the “Reasons for pleading Not Guilty” box state that you are willing to plead guilty to the speeding charge providing, and only providing, the “Fail to Provide Driver's Details" (FtP) charge is dropped. This is a tried and tested method to deal with your problem and is almost always successful. Before the pandemic it was necessary to attend court to do this "deal" because it needs the agreement of the police prosecutor.. During the pandemic courts made every effort to have as few  people as possible attend and they began doing this deal under the "Single Justice" procedure without the defendant's attendance. Some courts have carried this procedure on whilst others have reverted to a personal attendance being necessary. If you are required to attend, your case will be taken out of the SJ procedure and you will be given a date for a hearing in the normal Magistrates' Court. If that is the way they do it in the area involved you will have to attend, see the prosecutor and offer your "deal" in person. 
    • what device are you using? copy all the questions then come here to this thread and paste them. then answer each question click on red give answers here. when done  hit submit reply bottom right.  
    • No because it's locked. You need to copy the relevant part of the questionnaire and paste it into this thread. That way you can overwrite. HB
    • Hi  I'm not able to overwrite the red writing to give answers on the questionnaire.
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Dan v Clydesdale Bank-


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Hullo,

 

I'm about to start proceeedings...I sent away for all my bank records, and received them. There is one question I have to ask before I send them a notice of reclamation. Occasionally my bank would charge me £25 or £33 in overdraft fees...but much more frequently they would charge £22.50 for 'fees' which were not strictly identified as an 'overdraft fee', but would only occur if I exceeded my overdraft. Is this fee reclaimable also? It would make a significant difference.

 

-Dan

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If it is not a service fee, which I don't believe it is claim it. Don't forget the daily fees as well if you have them.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Claim it - they only occur when you go overdrawn, thus (in my view of course) they're a penalty for being overdrawn.

 

Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 2 weeks later...

Hi All

 

Can someone help me with this query. I have a Clydesdale account i have my statements and intend to claim the charges back which amount to approx £ 3,000.00.

 

My query is do i have to issue this in Scotland as their registered office is in Scotland and any correspondence has been with them in head office in Scotland. I also believe that if i do have to issue in Scotland and it is defended i have a very long journey to undertake.

 

Can someone with superior knowledge advise me accordingly. Many thanks

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Hi All

 

Can someone help me with this query. I have a Clydesdale account i have my statements and intend to claim the charges back which amount to approx £ 3,000.00.

 

My query is do i have to issue this in Scotland as their registered office is in Scotland and any correspondence has been with them in head office in Scotland. I also believe that if i do have to issue in Scotland and it is defended i have a very long journey to undertake.

 

Can someone with superior knowledge advise me accordingly. Many thanks

 

Just put your branch address.

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It might be advisable to send an LBA to the branch first as it should really have gone to an English address in the first place, but just give them another 7 days or so if you do this.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

Okay time for an update!

 

On November 14th I sent Clydesdale a letter announcing my intention to begin action. They sent me a three-page letter saying that basically they were all very nice charges that I had agreed to and that I really shouldn't ask for all that money back, and that if they didn't hear from me again they'd assume the issue was dropped.

 

I've just calculated my interest and the claim is up to almost £1500! Unbelievable how much they have taken from me, and I've never been more than £10 over my limit.

 

I've just written the second letter (notice before action) and will send it off on Monday.

 

-Dan

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HI Dan, go for it. I'm fighting Clydesdale on behalf of my mum who lives in Scotland. we got the standard letter also after giving them the prelim letter, then we sent the lba & their tune had changed, sayding they were going to "reopen the complaint & review" & just this week they've sent a cheque for just under half the amt owed saying they consider the complaint closed. well, we're claiming the lot, aroung 1100 quid including the 8% interest @ claim stage.

 

good luck & keep us updated.

 

West Yorks Red

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  • 4 weeks later...

Hello sorry for the delay. I waited for the limit and have prepared my MCOL ready for action. I called Neil McKurdy before submitting it and spoke to someone at Clydesdale called Louise, who said they hadn't seen the second letter (it was still at my branch in London!) and could I please fax it to them. I did so and Louise said they needed some time to look the case over. It has now been a week- should I proceed with the MCOL, or call them again?

 

Before I do, I have some questions as I am a little hazy on what happens once I make the submission:

 

1. Once the MCOL is submitted, how long does it take to receive a response and book a court date?

2. There seems to be no option on the form to submit my schedule of charges- how is this submitted?

3. Is it possible to process a claim from outside the country? Do I need to be physically present to process a claim?

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You can start MCOL now.YB then have 14 days to respond to the court and then a further 14 days to settle or enter a defence,toal 28 days.Once they enter a defence the case will be transferred to your local court.Then it will depend on how busy your court is as to when you get a court date.Once you have filed and got your claim number,you can then send a schedule of your charges plus interest to the court at Northampton.Send them two copies one of which they will forward tp YB, but to be on the safe side send one to YB as well registerd or recorded.Then they cant threaten to strike out saying they didnt get your schedule.No you dont have to be present to submit your claim to MCOL.Hope this helps

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