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

[hoogie32]

Hi Carra

 

Yes I am in England. I think you may need to use the Scottish court though, i dont think they can be crossed over.

 

A moderator may correct me on this.

[watson42]

HI Hoogie, keep at them. I'm figting Clydesdale on behalf of my mum, we received a settlement offer on 16 Dec for half the amount (£405.50) we're chasing (£988.08). What I want to do is to reply saying thanks but no thanks we're taking you for the full amt (+ 8% stat), but as my mum liv es in Scotland & I live in England (Yorkshire) I'd like to make a claim through the English courts as if the Clydesdale DO decide to defend at least I can get there & I don't want mym mum having the hassle of going to her local court in Scotland. So I intend advising the bank that my mum is n ominating me as her legal rep. Can I do this so that I can make the claim in England?

 

West Yorks Red

[moss]

Hi Watson, i would of thought that it depends on were your mum has her account, is the branch in Scotland or England

[watson42]

HI moss, my mum's branch is in Scotland

[hoogie32]

Well as Thailand received today - incidentally - same Branch in Blackpool.

 

Without Prejudice save as to costs

 

We refer to your claim you have raised at Blackpool County Court where we have issued an allocation questionnaire.

 

Our defence made it clear to the court that firstly, the charges have been levied in accordance with the terms and conditions of the account which you accepted when you opened the account. Secondly, that the charges have been levied as a result of your failure to adhere to the limits in place on your account and are therefore for the SERVICE provided by the bank in extending facilities to you. Thirdly, that the charges levied are a genuine pre-estimate of the cost incurred by the bank given the time and resources that are required to deal with such actions by customers. The charges are for the SERVICE the bank has provided to you in extending facilities to you.

 

Your assertion that the charges are a penalty and therefore unenforcable is misconcived; the law of penalties is only an issue in relation to breach of contract. You have not breached your contract with the bank as the terms and conditions provide for the event that you exceed your limit on your account.

 

HOWEVER, the costs of defending this claim will quickly become disproportionate to the sum claimed. For this reason only the Bank is prepared to make the following offer you

 

1) £1920.00 ; and

 

2) £220.00 Court Costs

 

This offer is in full and final settlement. Any liability for tax on the interest awarded is included within the sum offered, and you are obliged to account to HMRC direct for any tax due.

 

In all circumstances the Bank believes the offer to be fair. If you wish to accept please sign and return the enclosed duplicate of this letter, and the Notice of discontinuance which the bank will hold as undelivered until payment of settlement sum has been made to you. Thereafter the Bank will lodge the Notice with the Court.

 

You should take independant legal advice or contact the your local Citizens Advice Bureau if you are unclear on any of the tyerms of this letter ( Its OK I can understand B*ll*cks when I read it)

 

This letter is written only in an attempt to resolve this case without the need to incur further court time. It is therefore without prejudice to the Banks whole rights and pleas and may not be refered to without the banks written consent. Please note however, that should this offer not be accepted by you, the Bank will refer the Court this letter when deciding the costs to be awarded in the case. Your attention is drawn to the comments in this regard in leaflet EX307 issued by Her Majesty's Court Service (entitled 'The Small Claims Track')

 

PP, some clown.

 

 

Ok my claim was for £3668.47 inc Interest.

 

Thats £2672.19 plus interest.

 

So how the hell can YB offer Thailand full plus costs without 8%, then offer me £800 quid less + costs and no interest.

 

What the hell is going on with this bunch of absoloute idiots.

 

Craig

 

Very Very Angry:mad:

[moss]

Hi Hoogie, now I see yours I think they must have cocked up on Thailand’s offer and got their sums wrong again, obviously YB lawyers are not issued with calculators.

Regards Moss

[Thailand]

So how the hell can YB offer Thailand full plus costs without 8%, then offer me £800 quid less + costs and no interest.

 

Because they have no notion of whats going on, they are (IMO) too busy trying to thwart action, they actually forget what the claim is for in the first place. Proof for the 1,000,000th time these outfits rely on templated correspondance to back up thier duplicity. YB actually offered my mum approx £150 more than the claim, there is something wrong with my figures and i'll update when I get home....

 

 

Still mad , but smiling at these jokers:D

[hoogie32]

So Thailand. What are you going to do?

 

You rejecting in full, or accepting and claiming the rest

[Thailand]

Rejecting in full, as they are overpaying mum is tempted but it would still be around £700 short, we can wait a few more months as that would pay off her overdraft. I don't personally think accepting and pursuing the remainder is an option.

 

What are you choosing hoogs?

[hoogie32]

Im going to reject. I want my money back, so they can stick this offer up their arse to be honest, I am prepared to go all the way if thats what needed.

[hoogie32]

Thoughts? - This is getting faxed and also sent Recorded Delivery.

 

YOUR OFFER OF SETTLEMENT

 

Account: ********

Sort Code ********

Claim No: 6QZ72229 in Blackpool County Court

 

 

Thank you for your recent letter dated 9th January, offering £2140.00. I must inform you that I do not find this offer acceptable.

 

As outlined in my earlier correspondence I explained that the charges you have applied to my account are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Further or in the alternative, I believed that your charges are a Penalty. Penalty charges are irrecoverable at common law.

 

As you know i have filed with the county courts, and as a subsequence interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, has been added to the original amount bringing the sum claimed to £3788.47 (inc. Court Costs)

 

I would be willing to withdraw my claim upon receipt of an unconditional full settlement of my claim and will notify the court accordingly at that time, and to stop any further costs being incurred it is in your best interest to refund in full the revised balance forthwith. This letter has been forwarded to you via post as well.

 

Yours Sincerley

 

 

Now the costs were 3688.47 so Ive added the 100 quid to switch it to Blackpool County Court, - Thats right isnt it.

[hoogie32]

Faxed and Sent recorded delivery also.

 

Oh well, ding ding Round 7

[moss]

Sorry i missed your earlier post but it Looks good to me Hoogie. I predict they will go down early in round 8

 

regards Moss

[hoogie32]

Well I hope so.

 

Im still trying to figure out how they come to offering me that figure.

 

[Thailand]

Hoogie, if that account number is real - best to not show it!!

[hoogie32]

Good Point I suppose - The account is closed anyway, but changed just in case. - You sent yours back?

[Thailand]

Going to leave it until mum gets her order, thier without prejudice bull might as well have not been delivered. If we haven't had an order by then i'll send it. I hate YB!

[moss]

I don't think there's any system in how much they offer thy just look at what you wouldn't accept last time, think of a figure at stick it in a template letter and send it of and they must be under pressure in a hurry because they offered Thailand more than the claim.

regards Moss

[Thailand]

Wild stab in the dark, mum mentioned today that the extra £150 odd would represent charges levied since filing - I wonder??

 

EDIT: just checked figures properly and the offer is only £48 more - so it can't be that!

[hoogie32]

Well Well

 

After faxing and sending a rejection to the lovely Clydesdale, todays post brings the following.

 

Notice of Allocation to the Small Claims Track (Hearing)

 

District Judge ****** has considered the statements of case and allocation questionnaire filed and allocated the claim to the Small Claims Track.

 

Before tge claim is listed for hearing, the Judge has ordered that a Preliminary hearing should take place because :

 

Special Directions are needed in this claim to prepare for the final hearing which the judge would prefer to explain to you in person.

 

The prelim hearing will take place at **.** on the * March 2007 at Blackpool County Court.

 

So the question is -- Even though Ive just sent off a rejection, which will get there before Clydesdale get a copy of this hearing, do I just sit tight and wait.

 

It also says I should deliver to every other party and to the court office, copies of ALL documents no later than 14 days before the hearing. Is this meaning I have to send the court ALL documents again? and also do I have to send Clydesdale these documents also.

[moss]

"Well", "Well", Indeed Hoogie.

Sounds to me that the Judge wants you both to send off your court bundles, i.e. all doc's that you will be relying on at trial. then get you both there to give directions, i suspect this is because the court have had enough with the banks defending and never turning up and the judge wants to have a word in person, it would be interesting but i bet the bank will pay you out to avoid this.

 

Regards Moss

[Thailand]

OOooooohh... I don't know much about these hearings - but I agree with Moss they'll pay up. No Stay granted - loverly. Don't worry about sending the rejection - thats fine.

[hoogie32]

Cool - So its just copies of all documents I send to the Court then? Dont have to send it Clydesdale do I - Ive looked in the claiming bank charges guide and cant see anything about sending the bank copies.

[boyfalldown]

I'd be inclinde to send the banks copies. Its likely the judge will order this anyway and it doesn't hert to show hjow reasonable you're being ;-)

 

Hugh

[moss]

Hoogie i think you will need to do 3 sets of your court bundle, send one to the court and one to YB. As there is a lot to print and copy i wouldn't do them just yet as you have a few weeks before they have to be in and YB might settle rather than do a court bundle to send to you, you can download the basic bundle here, there is a list of all doc's that you will need to add to the bundle.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

then just make sure you have everything ready and plenty of ink and paper. Also you might want to copy the Peter McNamara interview on CD which if you do you will have to inform the court that you will be producing a CD as evidence. I still think they will pay up rather than do this.

 

Regards Moss