skennedy75 v Clydesdale Bank

[skennedy75]

Got my court date for the 29th January and they have submitted a defence on the return date of the 22nd January.

 

Just before this CB offered me £512 with all the usuall terms and conditions but I have sent them a letter stating that I would only accept this as part payment and I would be persuing the remainder of the claim in full.

 

We will just have to see what happens on Monday.

[moss]

Skennedy, if you have a cheque i wouldn't cash it because YB will hold you to the "in full and final settlement" condition and try for a strike out of your case if you proceed to claim the rest. Read this post and see the trouble Bran1507 is having

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/60590-problem-clydesdale-bank-please.html

I know it's hard to send cheques back but it's the best way with this lot.

[skennedy75]

Right next instalment of the clydesdale saga......

 

Went to court and there was a local solicitor there and she said they were submitting a defence. I had not seen this and the judge said there had to be a copy to me by the end of the week. (stil not arrived)

 

But I received a letter today offering me £555.26. "This includes your court costs of £39 and interest at 8% per annum on the each (yes it does not make sense) charge from the date of service to date, 38 days (£4.26). In terms of the action you have raised, you have only craved interest from the date of service of the summons on the bank and not the date of the first charge. The daily interest rate on the total charges is therefore 11 pence." Then some crap about tax and surprise surprise a without prejudice sentence at the bottom of the letter.

 

The wording on the court papers is as follows "The pursuer claims the Defender the sum of £511.50 with interest on that sum at a rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action)" The charges are as stated £511 interest amounts to about another 200 quid. They have the spreadsheet. Is the wording of the claim wrong??????

 

The spreadsheet previously used is the one from the library.

 

Can someone help I think they are trying to get me to back down but a bit of advice would be helpfull.

 

Wanting to go the whole way!!! but thinking of taking it so I can start me next claim for £750 from them!!!

[moss]

In your particulars of claim the request for interest should read something like this with the bits in red altered to suit your dates and amounts.

claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 19.9.2000 to 25.5.2006 of £xxx and interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.11p'

[caro]

It does look like you are only claiming interest from the date of service I'm afraid. I think you might be on a sticky wicket with the court if you refuse the settlement. I don't think you could amend the claim at this late stage, so maybe you should put this one down to experience and proceed to the next one. Be careful that you only agree to settle on this claim and it doesn't say anything about other claims.

[skennedy75]

Caro any idea on the wording for the next claim in scotland is it as moss has written above???

 

Think I will accept but with no terms.

 

Thanks for the help.

 

The wording was from the link shown

 

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

 

Is my mistake not including the interest in the amount to be claimed?

[welshlass1]

Sorry, new to this

[skennedy75]

Caro sorry another question do you have a template for accepting. The only thing is that it says full and final settlement of my claim at the bottom of the acceptance letter.

 

Does this mean just this claim or all claims???

[reidnet]

Hi,

It does look like the wording for your claim was wrong and I doubt if you can change it at this late stage. Not good news I know but..maybe just have to put that one down to experience ?.

 

When you accept the amount offered I would use something along these lines..

 

I accept the amount of £xxxxx as full and final settlement for my claim Ref (Insert Summons ref number). I think that would be ok, but maybe others will advise more ?.

 

Ian

[skennedy75]

Do you have sample wording for future claim and also is the total ie the claim include your interest that you should charge from the date of each charge is 400 days at 8% pa.

[davg]

Hi Skennedy, I am in the same position as you regarding accepting settlement for this claim, or for all claims against the bank. I received a letter yesterday offering me the amount claimed + expenses including interest for this claim alone though. I am intending doing another claim for the outstanding charges + interest on the amount asked for in the LBA. I am worried that if I accept the settlemet offer they will strike me out too for any remaining claims.

What Reidnet says should be perfect as we would be only accepting the settlement on that particular claim referred to on the court summons number. I can't see how they could strike you out for this. Good luck and let us know what you decide.

 

davg

[skennedy75]

This is the letter that I am sending off today.

 

2nd February 2007

 

Clydesdale Bank

Legal Services

40 St. Vincent Place

Glasgow

G1 2HL

 

Re: Account number xxxxxxxxx

 

Acceptance of settlement offer.

 

Dear Lyndsey Cullen

 

Thank you for your letter dated 30th January 2007 which I received on 1st February 2007.

 

I accept your offer of £555.26 for my claim ref number SA929/06, with regard “full and final settlement” I am prepared to accept this but only for this particular claim. This therefore will allow me to pursue the remainder of my outstanding charges from 18/9/2003 to 17/10/2005.

 

If payment is not received before the court date set previously of the 12th February I will appear at court to continue the case.

 

I trust this to be satisfactory.

 

 

Yours faithfully

 

 

 

Stephen Kennedy

[davg]

That should do the job Skennedy, will do a similar one now.

Good luck mate.