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Stewart v Clydesdale Bank Urgent Advice Needed


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HI Folks,

1st Post for the clydesdale,i have been posting a thread in the RBS Forum

.Sent Prelim Letter along with list of charges £1941 to my branch on the 30/08/2006 recieved this letter on 07/09/2006.Have abbrev some bits so i dont send you all off to sleep..

Could do with some urgent advice as i am not sure how to proceed

 

Cheers

Stewart

 

 

Dear Mr Nicol

I refer to your letter dated 30 August 2006.I note from your letter that you feel excessive charges were applied to your account during the past 6 years.

 

During this time,the relationship between you and the bank was governed by the banks standard terms and conditions.Those terms and conditions provided :

 

1 charges for unpaid items and irregular borrowing would not apply while your account operated in credit or within an agreed overdraft limit.

 

2 must obtain banks agreement before overdrawing on your account

 

3 cheque card misuse

 

4 draw cheques without sufficient funds in account

 

5 charges and interest applicable to the account were published in the form of tariffs and up to date tariffs were available in branches and from time to time enclosed with statements.

 

6 where appropriate,written details of overdraft charges and debit interest incurred on the account during the previous charging period)(i.e,the previous month)would be sent to you at least 14 days before the charges and interest were deducted from your account.

 

7 If the bank increased a charge for service,the bank would give 14 days notice.

I would note that the tems and conditions complied with all relevent requirement of the banking code.

 

You are responsible for the running of your account,and for ensuring that sufficient funds are in you account to meet the standing arders,direct debits and cheques which you have created or drawn on the account.As stated in the rterms and conditions governing your account with the bank,you are aware that charges will be incurred if insufficient funds are in your account on the dates the payments you have instructed are debited.The charges applied to your account were applied in accordance with the rterms and conditions,as a result of your operation of the account.

Further,the terms and conditions were fairhaving regard to the following matters

 

a cost of bank maintanence admin systems in relation to unpaid cheques,card abuse,unauthorised overdrafts etc

 

b increased risk of loss for the bank

 

c the need to set standard charges bla bla bla

 

Taking all the above into account,I am not prepared to refund any charges.I have enclosed a copy of our internal complaints handeling which you can write to or the financial ombudsman service

 

If you do not respond within 8 weeks your complaint will be considered closed.

 

Please note that you should proceed straight to cout action against the Bank in respect of this matter,the Bank reserves the right to lodge a counter claim against you for damages suffered as a result of the breach by you of your contract with the bank

 

Yours Sincerely

Hilary McGuinness

Customer Relation Officer

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:D

HI Folks,

1st Post for the clydesdale,i have been posting a thread in the RBS Forum

.Sent Prelim Letter along with list of charges £1941 to my branch on the 30/08/2006 recieved this letter on 07/09/2006.Have abbrev some bits so i dont send you all off to sleep..

Could do with some urgent advice as i am not sure how to proceed

 

Cheers

Stewart

 

 

Dear Mr Nicol

I refer to your letter dated 30 August 2006.I note from your letter that you feel excessive charges were applied to your account during the past 6 years.

 

During this time,the relationship between you and the bank was governed by the banks standard terms and conditions.Those terms and conditions provided :

 

1 charges for unpaid items and irregular borrowing would not apply while your account operated in credit or within an agreed overdraft limit.

 

2 must obtain banks agreement before overdrawing on your account

 

3 cheque card misuse

 

4 draw cheques without sufficient funds in account

 

5 charges and interest applicable to the account were published in the form of tariffs and up to date tariffs were available in branches and from time to time enclosed with statements.

 

6 where appropriate,written details of overdraft charges and debit interest incurred on the account during the previous charging period)(i.e,the previous month)would be sent to you at least 14 days before the charges and interest were deducted from your account.

 

7 If the bank increased a charge for service,the bank would give 14 days notice.

I would note that the tems and conditions complied with all relevent requirement of the banking code.

 

You are responsible for the running of your account,and for ensuring that sufficient funds are in you account to meet the standing arders,direct debits and cheques which you have created or drawn on the account.As stated in the rterms and conditions governing your account with the bank,you are aware that charges will be incurred if insufficient funds are in your account on the dates the payments you have instructed are debited.The charges applied to your account were applied in accordance with the rterms and conditions,as a result of your operation of the account.

Further,the terms and conditions were fairhaving regard to the following matters

 

a cost of bank maintanence admin systems in relation to unpaid cheques,card abuse,unauthorised overdrafts etc

 

b increased risk of loss for the bank

 

c the need to set standard charges bla bla bla

 

Taking all the above into account,I am not prepared to refund any charges.I have enclosed a copy of our internal complaints handeling which you can write to or the financial ombudsman service

 

If you do not respond within 8 weeks your complaint will be considered closed.

 

Please note that you should proceed straight to cout action against the Bank in respect of this matter,the Bank reserves the right to lodge a counter claim against you for damages suffered as a result of the breach by you of your contract with the bank

 

Yours Sincerely

Hilary McGuinness

Customer Relation Officer

 

hi it reads like a standard foboff letter to me. Ensure you read the FAQ they will guide you through the process. have you submitted a DPA request? if not do so then send the prelim letter. :D

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Hi Stewart. I received exactly the same letter from Ms McGuinness yesterday. The threat of a counterclaim is just meant to scare you and has no legal basis.

 

This appears to be the standard letter they send after people's Letter Before Action. If this letter was sent to you as a response to your initial approach for repayment letter, I would say that it has saved you 14 days' waiting time, because even if you were to send another Letter Before Action, you would get exactly the same standard response.

 

Just proceed to court. It's what I intend to do next week.

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Thanks for the prompt advice,i had sent the dpa and got my statements,this was a reply to my initial letter,which i sent with the spreadsheet of charges,should i not send my LBA first though,rather than than going straight to court.

I know that this may lead to another fob off but will follow the protocall of claiming,i am just worried that if it goes to court then it may go against me if i do not go through the entire proccess.

Hope i am not being to thick here guys,apologies if i am:-?

 

Cheers again

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I am in the same position as you. Got the same letter today. I am going to do an LBA as this appears to be the standard process. I realise that this may just be an aditional unecessry step but I don't want to miss any thing out, in case comes back and bites me on the a**

Yorkshire Bank: Claim for £4777.85! :o MCOL sent 03/10/06

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I also got the same letter but when sent my LBA on the 8th August I got a letter dated the 15th August saying that the bank need to make investigations into the points I have raised and that I will be contacted as soon as they are complete. Though I haven't heard anything to date.

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Hi Judi 24 and laaljocky,

thanks for your info,we all seem to be at the same place,i am sending my LBA tommorrow,seems like they want to play the big bad bank and think no one will stand up to them,well i will be sticking strictly to the deadlines and see how long it takes them to give in.At times like this i wonder why i ever dealt with them at all,anyway good luck with your claims keep me posted and i will do the same.

 

 

Cheers

Stewart

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hi stewart i also recieved the same letter ive sent off my lba yesterday then waiting fourteen days which will give me time to swat on all the court threads for some info keep me posted on how u get on...........................good lick

:o:p ker7085

963.00 pre lim sent 28/08/06 sod off sent back 04/9/06

lba sending 9/09/06

mcol to be filed 23/09/06:-x

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Well I sent a claim of 3500 today so Im fully expecting to get the same letter.

 

Will keep you all posted.

 

Regards

 

Craig.

Yorkshire Bank Plc £3553.77 Prelim letter sent 14/9/06 LBA sent 22/9/06, MCOL Sent 10/10/06 MCOL Notice of Issue Rcvd 12/10/06, MCOL Acknowledged 17/10/06, £929.00 Offer Rcvd, 03/11/06 - Rejected, 09/11/06 YB Defended, 10/11/06 Transferred to Local Court, AQ Returned;) 30/11/06 Copy of Banks AQ Received, 1 month extra asked for by Clydesdale, 09/01/07 £2140.00 Offer Rcvd, 09/01/07 - Rejected, 11/11/07 Allocation To Small Claims Track, Court Date Set - 05/03/07, 15/01/07 £2590.00 Offer Rcvd, 15/11/07 - Rejected, 07/02/07 £3773.77 Offer Rcvd (FULL), 12/02/07 - Accepted, 21/02/07 - Chq Received for FULL AMOUNT. :)

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Craig - please start your own thread so's not to hijack others!

 

Thanks

 

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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Just to warn you that they do counterclaims against some people and not others, but if you get one the same as mine it is nothing to worry about. Six year olds could have done better with their feeble defence and counterclaim.

 

Defence - it is fair

Counterclaim - if you get your money back from us we want it back again

 

Nothing to worry about.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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One point though try to stick to the timetable if you rush things the judge may think that you havent been playing fair.

 

Give them 14 days (LBA) + 14 days (reconsider) then court

 

Dave

** We would not seek a battle as we are, yet as we are, we say we will not shun it. (Henry V) **

 

see you stand like greyhounds in the slips,

Straining upon the start. The game's afoot:

Follow your spirit; and, upon this charge

Cry 'God for Harry! England and Saint George!'

:D If you think I have helped, informed, or amused you do the clickey scaley thing !! :D

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