Quixote versus Clydesdale

[Quixote]

Hi All,

 

Thought I'd start a new thread re Clydesdale!

 

Story so far.........

 

26th May....sent prelim letter. Got standard reply telling me 'sorry you're not happy. Please s*d off!! HAve a free complaints leaflet!'

 

11th June....LBA sent. Absolutely no reply (even though I asked them to treat the second letter as an appeal!)

 

23rd September......Summary Cause forms sent by registered post to Dundee Sherrif Court claiming £1024 plus interest!

 

Now awaiting the next stage. Would anyone disagree that the delay between sending the LBA and submitting the court summons can be construed as a reasonable period during which the bank could reply? Must admit, I'm starting to get a little bit nervous

 

Mods, please feel free to move this if I've accidentally posted in the wrong place!

[crocodiles]

Hi,

 

I hope you get everything you are due from these charlatans.

 

I am at the very start of taking them on.

I visited the bank and requested bank statements going back 6 years and was informed that I would be charged £5 per statement!

that's £360 just to get information that I am entitled to.

I will keep you informed with my progress and will be keeping an eye on how you get on.

 

Best of luck!

[Quixote]

Hi,

 

Thanks for that.

 

Tell them to get knotted, it would've cost me about £185 too!!!!!!

 

I can give you a copy of the letter they sent me if you like? It clearly states that the required information is available for the £10 fee. They MUST comply with the DPA letter!!! If they keep up this ridiculous demand, threaten to report them to the Information Commissioner!

 

If you're in Scotland though, you can only claim back 5 years. Give me a day or so, I'll get the letter scanned in & I can e-mail it to you?

 

Just send me a PM if you'd like a copy

[reidnet]

Hi Quixote,

Have you got a date yet from Dundee Sheriff court ?..Im due there on the 23rd October against TSB..Was due on same date to go against Halifax..But they settled in full.

 

I see your on a hill just outside Dundee, you dont happen to be standing in front Of an Orange Telecom mast and blocking My signal are you?....lol

[Quixote]

Lol....I just might be!!!

 

 

Have'nt heard back yet. They should've received the papers last Tuesday, so I'm on the edge of my seat!!!

 

Great news about your claim, hope mine goes the same way

[bearo]

good luck with it, you will be fine, you should hear something quite soon from the courts.

[Quixote]

Hope so. I'll let you all know when I do hear

 

Thanks for your support

 

Stu

[Quixote]

Phoned the Court on Friday! Forms have'nt been processed yet so still waiting! Has anyone had any experience of claiming using the Summary Cause forms as opposed to Small Claims? Read on another thread that this procedure was intended for lawyers, but it's what the clerk at the court advised me to do as the claim is over £750. Slightly worried that this may incentivise the bank to lodge a defence

[Mairi]

Used Summ cause, won first, waiting on settlement for no2. Not much difference in the 2 actions, sheriff Officer to serve summons and higher costs if you loose, but that ain't going to happen.

You havn't done anything wrong, Ordinary action requires a solicitor but not summ cause.

[Quixote]

Thanks Mairi!

 

Had a rethink though & resubmitted the forms as a Small Claim for £744 plus interest. Posted the forms back last Friday, so should hear something pretty soon I hope

[vikkijeffrey]

Hi Quixote,

 

Just wanted to say good luck with claims.

 

I'm going through small claims route in Dundee Sheriff court too with Barclays( i have thread in scottish section also). In process of first claim, have return date for 30/10/06 and hearing date for 06/11/06. Getting a bit nervous, keep putting off getting court bundle organised!!

 

Summary Cause did sound easier to get it all back at once, but i re-thought too and went small claims route.

 

I will check in to see how your getting on, fingers crossed, not that we'll need it!!

 

Vikki

[Quixote]

Thanks Vikki

 

Best of luck with your claim!!! Another friend of a friend has just received his first £750 from TSB, so it's looking as though things are on the up!!! Hope it works out for you & I'll keep posting progress reports as and when things develop

[vikkijeffrey]

Hi just out of interest, if you know, at what stage did TSB payout? Did your friend submit papers and evidence they were going to use on court day, or did they actually go to court?

 

Thanks Vikki

[Quixote]

I don't think he actually went to court They just rolled over & paid out when the summons was served on them!!! I'm pretty sure the banks now they're on a sticky wicket, & the recent upsurge in consumer awareness (and justifiable fury!!!) is going to eventually result in a test case. In the meantime however, I think they're of the view that the majority of their customers are'nt aware that a course of redress exists (or if they are, they view it as too much trouble)

[Quixote]

I've got a hearing date!!!

 

News came on Friday........Return date, 12th December, Hearing date 18th

 

Should I expect a letter from the bank before then, do you think? Starting to prepare my case already. NOT going to be caught out by any fly lawyer if it comes to appearing in court!!!!!

[Quixote]

They've offered to settle!

 

£744 to drop the action (which is the capital amount I'm claiming for. No offer of expenses or interest though) Not sure what to do & could do with some reassurance. I've considered settling, but as I have a further claim (for around £350) I would'nt want to predjudice it. I'm of a mind to write back telling them I will settle all claims (without prejudice to future action) fo the full amount I intend to claim (£1096, plus 8% interest and expenses of £39) What would you guys/gals recommend I do?

[Piggy bank]

In my case they initially offered a settlement of only the charges, which I then rejected. Subsequently they offered the interest as well (although in my case I added the interest to the claim, which I'm not sure you have done).

 

As for trying to bring the rest of the money into it, I personally would not do that. Stick to doing it one claim at a time. Just be patient and you will also get your other money.

 

You could always give them one last chance after this action has been settled and before you put your court papers in for the next one.

[Quixote]

Oops!! Too late

 

I replied to their letter stating that I would be prepared 'in principle' to settle prior to court action. I've asked them to settle the total sum of charges (£1094) and remove all default notices applied as a result of them, but offered (in good faith) to waive the interest & expenses. If this is'nt acceptable to them, it's off to court we go!!! I did state that the letter was written 'without prejudice', so that should ensure that it's a 'between me and them' matter at present. I'll let you all know what their response is...........

[Piggy bank]

Don't worry Quixote. I think that when it comes to it, you have demonstrated that you are more thn willing to settle. Either way, the charges are unlawful, so the money will be returned to you one way or another

[Quixote]

Phew!!! Thanks for that. I kinda thought that if I demonstrated that if I was willing to settle, the bank would see the light & just cough up. Hope I made it clear to them that I was perfectly prepared to follow it through though

[Quixote]

Letter received 2nd December offering settlement of the capital sum! I returned the letter accepting the settlement. As part of the terms I dictated to them (see my post of Nov 14th), I should have received payment prior to today! I'm fizzing mad as they appear to be playing silly buggers yet again!

 

I'm seriously tempted to contact Neil McKirdy (customer relations) & tell them that settlement prior to court action is now not an option, and that I'll see them in court on the 18th!!!

 

Would somebody please tell me to take a deep breath? Or should I push back as hard as they seem to be doing?

[HRB]

Clydesdale have settled in full re my first claim of over £5000 and I am back in court v. Clydesdale this week with a final claim for £3000 for another account. Would be interested to know how ou get on today - 18th Dec ?

[HRB]

Does anyone know re the legislation which applies in Scotland for claiming charges on business accounts as opposed to personal accounts. Partnerships - not Ltd liability companies.

Does the Unfair Contract Terms Act 1977 apply or is it something else ??