twoofus v YB ***WON***

[hagenuk]

Hi Twoofus

 

I have passed this to Caro, one of our Moderators to take a look at. She is a specialist in YB/CB and has a great deal of experience with them and their tactics.

[JulesTools]

Hi twoofus ,

 

In my own personal opinion Clydesdale/Yorkshire have been getting away with far too much for far too long . I have had several `innocent` mistakes dealing with Miss Ross and her collegues , have been following your claim for waaaaaay too long now .

 

Your comment on your thread about them "looking like bungling idiots" crops up again and again .I don`t honestly believe anyone could be that incompetant and I`m sure it is yet again one of their many stalling / diversionary tactics all designed to bully the claimants into submission.

 

Good luck and keep us posted on your thread

 

Jules

[twoofus]

Thanks Jules, Myself and the Wife have also followed your thread so we've seen what they have been upto with yourselves and thanks for following ours.

 

The point is with regards the 'Scottish legal department' is can we take Miss Ross out of the equasion by demanding within English law that they provide an English contact address for the legal department. I know they would still pass it to Miss Ross but it would take them longer to do therefor giving her less time within the amount of time she legally has to deal with things. Also it would put more pressure on YB's banking infrastructure with them having to pass things around inhouse.

 

They walk on a fine line just about within the laws of the land and use every trick to delay and confuse people, isn't it about time we all started walking this line and play them at there games?

 

Thanks

[caro]

Well there's an interesting twist. More contempt (allegedly) of the court system from YB perhaps. There has been a lot of debate about Scottish claims and the best way to settle them, but this is a new twist, that I for one hadn't considered.

 

One thing that had been considered is that Ms Ross is a member of the Scottish Law Society, and as such (I think I'm right in saying) may not be able to practice in England. This warrants much closer investigation. Thanks for bringing it to everyones attention twoofus, and also for the info on the Clydesdale Data Controller.

 

In case anyone hasn't seen the latest SAR response (from Scotland to England), take a look at this one.

 

http://www.consumeractiongroup.co.uk/forum/post-731288.html

[twoofus]

Hi Caro and thanks for taking the time to look at these 'ideas'.

 

All I can say is it must be of some concern as the court told us with regards our claim that they are sending a letter to Miss Ross telling her that they must provide an English/Welsh address and that they (The court) will not send anything to them in Scotland.

 

As regards the 'Banking code compliance officer' I do have a name and number if you want it or if you think it should be posted.

 

Keep me posted on any development please

 

Many Thanks, again

[caro]

I've emailed you. Thanks

 

Not sure if this is entirely the right place to post this, but it looks interesting and may be worth investigation to understand the complexities of the CB/YB relationship. It explains the Clydesdale Bank trading as Yorkshire Bank on all the defences.

 

National Australia Group Europe Act 2001

[diddled]

As NAGE is located in London and is Clydesdales/Yorkshires holding company, could the London address be used for correspondence and service of claims etc. ?

NATIONAL AUSTRALIA GROUP EUROPE LTD 88 WOOD STREET CITY OF LONDON LONDON EC2V7QQ

[twoofus]

Not sure diddled.

 

We're going to wait and see what responce the court get and if an alternative address in England is then provided.

 

We are also going to send, with a copy of our bundle, a covering letter saying we are not obliged to send you this but in the interests of sorting this claim out without wasting anymore of the courts valuable time and out of curtousy blah blah blah. Then we're going to (on the advice of the court) take a copy of this letter to the court and have it attached to our bundle. Court said it would go favourable with the judge, if they dare turn up that is.

[Bigmac versus]

Very interesting subject this, if indeed this is true then what are the implications for present YB claimants who have been dealing via Miss Ross?

Could anyone who has accepted full and final settlements from Ms Ross and later regretted it who are based in England use this to their benefit?

As Caro said this warrants closer investigation.

[diddled]

I'm wondering what, if any implications there are for Scottish Clydesdale customers, as Clydesdale's holding company NAGE is English?

[Bigmac versus]

The terms and conditions will be based under scottish law.

[caro]

For information before we get too deeply into discussions about how to proceed.

 

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/82045-leeds-aqu-do-check.html

[Sparky 27]

If Y.B gave an english address whats to stop them having their mail re-directed to bypass it?

[BATEYDP]

Read post #4 Sparky. He did mention this.

[caro]

I don't think that solicitors in Scotland can practice in England and visa versa (sp?).

[Bigmac versus]

Got ya Caro

[debt_mountain]

I don't think that solicitors in Scotland can practice in England and visa versa (sp?).

 

You may find that if they were to appear in court in England they would send a local English solicitor. Nothing would stop them doing this? Does Miss Ross travel to any court appearance? Does the fact that a Scottish solicitor is handling the majority of the communications cause the court concerns?

 

So, as with my case, I live in Scotland but took the Leeds collection department to court in England for £7000+ and so far Miss Ross has defended (just the standard defence) and filed an AQ.

 

They obviously can't have my jurisdiction challenged as they are based in Scotland too, so could this be a short term route for Scottish people to use? Means 6 years and £5000 limit.

 

2 can play at there game.

[diddled]

I was thinking on the same lines as you, especially as subsequent claims are being struck out in the Scottish courts

[Dr Hunter]

I am not quite at the same stage but if needs be intend to take the leeds aqu to an english court using an english address. I am fortunate to have friends in london but if i did not, could i use a mailing address or P.O box in england for a claim? If so this maybe worth highlighting in the scottish section and perhaps warrant a sticky as these mailing services can be rented for as little as £20 a month.

[debt_mountain]

I am not quite at the same stage but if needs be intend to take the leeds aqu to an english court using an english address. I am fortunate to have friends in london but if i did not, could i use a mailing address or P.O box in england for a claim? If so this maybe worth highlighting in the scottish section and perhaps warrant a sticky as these mailing services can be rented for as little as £20 a month.

 

You do not need to use an English address initially, only should the court /defendant challenge jurisiction. The defendant will not as they too are using an English address.

 

For 1 of my claims I got an english forwarding address for £50 per annum or £10 per month and 50p per sheet to be scanned and emailed the day it was received.

 

The link to this firm is My UK Mail - Your Own UK Mailing Address, Better than a PO Box! Receive all types of mail at your own UK street address. mail forwarding service, uk mail forwarding service, Your mail is forwarded on to you, international mail forwarding, internation

[hilaryfrances]

I take it you have not heard from the baskets yet? Surely it will not be long now. Good luck Hilary

[twoofus]

No Hilary, still not heard anything. We can but wait:rolleyes:

[twoofus]

Recently there have been a lot of people getting letters from YB stating that they will not be able to meet the 40 days for supply of info due to high volumes and to either report them to the Information Commissioners Office or be patient blah blah blah.

 

Well, at the back end of last year my information failed to materialize at the 40 days allowed under the DPA and when I rang them and asked them they said they had sent it, but they didn't know where it was and they would send me another copy but this could take another 40days. (Obvious delay tactic in my opinion).

 

Anyway I decided to read up on a few things and came across a point in 'The Banking Code' that said basically they will abide by the Data Protection Act. There was also another point that said every Bank that is a member of the code has to have a 'Code compliance officer' who will enforce the code within its bank. Hmmm i thought, could I get hold of this compliance officer and get her to enforce the 'Banking code' and more particularly the DPA side of it.

 

I set about my business and after phoning YB local branch then Leeds I got given a number in Scotland and ended speaking to an operator at Clydedale who put me through to the Code Compliance Officer, I spoke to her and she said it was out of order and she would pursue it when I emailed her the correspondance I had already sent/received off YB i.e. my S.A.R. and their acknowledgement. She gave me her details (see below) and told me to leave it with her. Obviously I thought 'Yeah right' but within a week I had my information and an apology from YB head office in Leeds and £300 refund of charges I had refused to pay (over overdraft limit).

 

I just thought this worked for me so it could work for others?

 

I would personally try the approach of ringing first and asking for the 'Code compliance Officer' just in case she has moved and someone else is in her place but if they play dumb ask for her by name. Tell her they are in breach of the DPA and their own banking code and that she is there to make sure they comply.

 

Also, she was a very nice and helpful lady so please be respectful as we don't want to particularly alienate her.

 

Wendy melvin (Compliance Officer).

0141 248 7070 (Switchboard so ask for Code compliance or Wendy by name).

[email protected]. com

[caro]

Great information thanks twoofus. I'll certainly be giving this a try myself.

[sickotheclydesdalebank]

Hiya,

 

I got the "This will take longer than 40 days" letter so I used the info you gave to go at the Clydesdale Bank. Thanks.

 

Will let you know how I get on!