Hoogie32 v Clydesdale Bank (Yorkshire) ***WON***

[hoogie32]

Well I have had to re register as my original login will not send me the password when requested to my email address.

 

However after months of being on here and watching the threads and claims increase, and all the excellent help from people such as Trundlecat etc, I have now submitted my claim of £3553.77 :-o .

 

My statements (4 years worth) came all nicely packed in an envelope for me and not copies either - All Originals, so after 2 weeks of Data Entry (at work ) off it went.

 

It bothers me how I have been ripped off so much over the years and must congratulate people on here for such a fantastic website.

 

One thing I am concerned over is that Clydesdale seem to be responding with the same "get lost we are within our rights" letter, once I receive that, can I expect help with action to that, as I read so many different responses on what to do.

 

I hope this is not too much to ask, and I thank you all once again. Also if I do get a decent pay out, Ill buy you a beer**

 

**Dependant on numbers under 2

 

 

Hoogie.

[caro]

Just follow the step by step instructions and ignore their letters trying to fob you off or intimidate you.

[hoogie32]

Not heard anything yet.....

[caro]

Early days yet. You will need to get used to waiting on their responses, but stick to your own timetable.

[beatsurrender]

is it best to send my prelim letters or any correspondence to my branch or is it best to send it to yorkshire bank head office ? an address wud be of gr8 help

[ozzywizard]

Beat, your banking branch is best. Probably best if you keep your questions to your thread so you have a record of answers you can easily find, also makes the person whose thread this is think they have had a response.

[hoogie32]

Beep Beep Everyone!!

 

Well 7 days after issuing my prelim claim of £3553.77, I have today received the following letter as expected.

 

Dear Mr Hoogie32

 

I refer to your letter dated 14th September 2006. I note from your letter that yoyu feel excessive charges were applied to your bank account during the last four 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 that:

 

(1) Free banking is available while your account remains in credit or within the the agreed overdraft limit.

 

(2) You must obtain the Bank's agreement before overdrawing on your account.

 

(3) If the Bank made payments from the Account or paid cheques which were guaranteed by the associated cheque guarantee card when there were insufficient funds available, any overdraft created or any overdraft which exceeded an agreed overdraft limit would be unauthorised.

 

(4) If you drew cheques or unauthorised or made payments withour sufficient money available in your account, taking account of any overdraft limit and allowing uncleared cheques, the Bank might return the payments and make a charge for doing so.

 

(5) Charges and interest applicable to the account were published in the form of tariffs and up to date tarriffs were available in branches and from time to time enclosed with bank 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 account had an unauthorised overdraft, additional charges might be levied which would be debited to the account on the day which the unauthorised overdraft was created.

 

(8) If the bank increased a charge for a basic account services, the Bank would give you at least 30 days notice.

 

I would note that the Terms and Conditions complied with all the relevant requirements of the Banking Code.

 

You are responsible for the running of your account, and for ensuring that sufficient funds are in your account to meet the standing orders, direct debits and cheques which you have created or drawn on the account. As stated in the Terms and Conditions governing your account with the Bank, you are aware that charges willbe 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 terms and conditions, as a result of your operation of the account.

Further. The terms and conditions were fair having regard to the follwing matters:

 

(a) the cost to the bank maintaining administrative systems relating to unauthorised overdrafts, unpaid cheques and direct debits and abuse of cheque and debit cards for the purpose of keeping the level of overdrawing under review and controlled as far as possible.

 

(b) The increased risk of loss to the Bank arising from such unauthorised transactions and the associated costs of enforcement and recovery systems.

 

© The need to operate standard procedures and to set standard charges in order to avoid the substantial costs of individual assessment in relation to each particular case.

 

Taking all of the above into account and having regard to the information you have given, I am not prepared to refund the charges on your account.

 

I have enclosed for your information a copy of our Internal Complaint Handling Procedures. These procedures confirm how to pursue your comaplint if you remain dissatisfied witht this response and how to refer your complaint to the Financial Ombudsman Service if we cannot resolve the matter.

 

If we do not receive a response from you within eight weeks of the date of this letter, you complaint will be considered closed.

 

If you have any additional information that you wish to provide please let me know.

 

Yours Sincerely

 

Mrs S J Wane

Manager

So there we go peeps, as expected the same letter as everyone else.

Is it LBA time?

[hoogie32]

anyone?

[caro]

Yep

[hoogie32]

Apologies for troubling you.

 

I have just received the standard fob off letter after sending my prelim approach, now i thought I had to submit the LBA next. However when i read the lba it starts off with "I am disappointed you failed to respond"

 

Is this correct? - or do i need to modify it?

 

Many Thanks

 

Craig

[caro]

You could add the word "positively"

[hoogie32]

You could add the word "positively"

 

Thanks Caro.

 

LBA gone now - Recorded delivery.

 

[hoogie32]

Still waiting.

 

[ozzywizard]

They got 14 days, hey your at same stage as me with YB. Lets keep an eye on each other. lol.

[hoogie32]

yeah no problem Ozzy.

 

Ironically I phoned up my bank yesterday to see if a transfer of funds to my wifes account had taken place. They couldnt have been more helpful, they were yes sir no sir, which is very rare for my bank.

 

The computer must have started beeping when I phoned up.

[janzer]

very best of luck hoogie - am in the process of taking YB to court for 674 - have been messing with this since July !!!

[hoogie32]

Excellent. Well my LBA was sent on the 22/9 so 2 weeks from that date is This Friday.

 

2 Days to go by my reckoning.

[hoogie32]

My wife has just phoned me, telling me I have a letter from a Neil McKirdie.

 

It apologises for the delay in response (they are still within time ) but they will ensure they will respond within 28 days

 

Do I go ahead and submit the MCOL now?

[ozzywizard]

No wait till Monday, stick to your schedule giving them the correct time before making the claim with the court looks good to the judge if it goes to court.

Friday is your deadline and Monday is the next working day.

[hoogie32]

Sorted. I cant beleive their stupidity.

[ozzywizard]

Yeah unreal arent they, when you do the MCOL you get to add your 8% interest and fees etc. lol.

[hoogie32]

im just looking now for the forms.

 

[caro]

I hope you have used your branch address, or at least an address in England for your prelim and LBA, and use the same when you claim.

[hoogie32]

Caro

 

Yes all correspodance has gone to my local branch.

[hoogie32]

Quick question.

 

I have copied and pasted the MCOL details - added my details - done interest etc. Now do I need a covering letter with my MCOL or do I just send it to my local branch with another schedule of charges attached?

 

Many Thanks