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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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JMio v Clydesdale Bank - LBA Sent


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Every time I've phoned them recently they've been as nice as anything to me!!

 

Bit of a change from the usual response I got from them over the years. Something between unimportant & what you'd scrape from the bottom of your shoe would come close to how they used to deal with me!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I got my letter today too!!

Again, well past the 40 days - but, I will take great pleasure in ounting up the charges!!

Mo

Well, what do you know...mine arrived today! It seems the Clydesdale have had a kicking from the IC! Awww....shame...

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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Well, what do you know...mine arrived today! It seems the Clydesdale have had a kicking from the IC! Awww....shame...

 

But presumably you still have a claim against them for going over 40 days don't you?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I'm not going to bother with that. Remember, to make a claim, you have to be able to establish a 'liquidated loss'. I have no idea how I would calculate my actual loss from them breaching the 40 days by a couple of weeks.

Robertxc v. Abbey - £3300 Settled in full

Robertxc v. Clydesdale - £750 Settled in full

Nationwide v. Robertxc - £2000 overdraft wiped out, Default removed by order of the sheriff

Robertxc v. Style Card - Default removed by order of the sheriff

Robertxc v. Abbey (1) - Data Protection Act action. £750 compensation

Robertxc v. Abbey (2) - Data Protection Act action. £2000 compensation, default removed

 

The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.

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It WOULD be nice though if there was something that could be done to punish them for their attempts to stall us all wouldn't it?

 

Complaint to the ICO / FSA / Ombudsman perhaps? Would any of these actually make any difference though?

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Could you try for some kind of compensation for this when you get to the Moneyclaim stage I wonder.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Statements for my Current Account arrived this morning, totted them up but I'm a bit confused as to what I can claim back.

 

After any month that a charge was applied, e.g. Recalled Standing Order or Irregular Fee etc, a 'Service Charge' of anything between £15-£30 followed the next month. What is confusing me is that these are all different amounts, £23.32, £17.52 etc...

 

To me it's fairly obvious that they're penalties for going overdrawn / having transactions returned during the previous month but could they come under the guise of charges for providing a service?

 

These 'Service Charges' alone total up to £506.38, on top of the £940 in 'normal' charges on that account.

 

Now more than ever I'd appreciate a bit of advice please!!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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sure the amounts are the amounts of the standing order that were not paid

 

they get taken out

fail

then put back in iirc

 

thats what happens on my egg account

 

dd payment removed

dd failed

charge applied

Halifax Credit Card - £408.16 - Settled in FULL 26/6/06

Halifax Loans - £397.97 - Settled in FULL 25/8/06

GE Money Topman £216.75 - SETTLED IN FULL

Marbles LBA - £475.00 - £250 Offered :rolleyes:

Halifax Current Account LBA - SETTLED IN FULL

Yorkshire Bank Current Accounts £2271.77 - Issued 30/6/06 - Default Judgement Issued - Warrant of Execution Requested

Capital One - LBA - £88 Knocked of Balance

Egg PPI - LBA

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Nah, its not that I don't think. I've only got one Standing Order that comes out of that account, and thats for about £150.00 (Loan Repayment).

 

The 'service' charge only ever occurs whenever they've charged me for something else, like going overdrawn / bouncing a cheque or something like that.

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Might it be that as you have gone over limits, then you get charged for every withdrawal, and pay in? - I am sure I asked about that years ago, and was exceptionally miffed that they charged me for getting my wages paid into the account.

15/6/06 Clydesdale - DAP delivered to branch

23/6/06 - letter received saying they will send statements

14/7/06 - Statements received, calculator ready!

18/7/06 - charges totalled and first prelim letter put through bank's door

12/9/06 lba delivered to bank

26/9/06 - cheque for £371.03 (half) received

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Statements for my Current Account arrived this morning, totted them up but I'm a bit confused as to what I can claim back.

 

After any month that a charge was applied, e.g. Recalled Standing Order or Irregular Fee etc, a 'Service Charge' of anything between £15-£30 followed the next month. What is confusing me is that these are all different amounts, £23.32, £17.52 etc...

 

To me it's fairly obvious that they're penalties for going overdrawn / having transactions returned during the previous month but could they come under the guise of charges for providing a service?

 

These 'Service Charges' alone total up to £506.38, on top of the £940 in 'normal' charges on that account.

 

Now more than ever I'd appreciate a bit of advice please!!

 

Looking to jump on this bandwagon but am also unsure as to what I can claim, same situation as JMio same bank account, can anyone help?

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Hi Hyster. Welcome to the forum. Can't help you with the answer to your problem I'm afraid, because I don't know. Could you just contact the bank and just ask them (you too JMio)?

 

Could you start your own thread Hyster and let us know what you have done so far, and then we can follow your progress and help when we can. Just to clarify, is your account with Clydesdale?

 

Good luck.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Phoned their Customer Service centre, these 'Service Charges' are the sum of a standard Bank Charge, (which, for example is currently £22.50) PLUS the Debit Interest incurred for the period that I had been overdrawn during the previous month.

 

Example, a cheque takes me £10 into an unauthorised overdraft, *BANG - £33.00 charge for that, then the following month, they charge an additional £22.50 for BEING overdrawn, and add on the interest incurred during the that time.

 

I've read that back & I appear to have repeated my 1st sentence, but if it helps to make sense of things then so be it!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Where you have an arranged overdraft you are charged a set fee of £7.50

 

QUOTE " A monthly maintainance fee of £7.50 will be applied to you account whether the account is in credit or overdrawn. In addition, if you exceed your overdraft limit without first obtaining our agreement, a £22.50 monthly unauthorised borrowing fee will be debited to your account, if your account remains irregular for three consecutive business days, we will write to you and you will be charged an irregular borrowing fee of £25.00. If your account is irregular five business days later, we will write again and you will be charged a further irregular borrowing charge of £25.00. This process will continue every five business days until your account is regularised or we agree an alternative repayment option with you"

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So they may have actually helped you as they have given you the interest (for that month at least) on the charges. Very kind of them if I have got it right.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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So they may have actually helped you as they have given you the interest (for that month at least) on the charges. Very kind of them if I have got it right.

 

That's what I'm wondering... I've asked them to send me details of what their charge rates were over the years, i.e. if it's £22.50 now in 2006, what was it in 2005/2004 etc etc.

 

Either way, it'll add the fat end of another £500 onto my claim!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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That's what I'm wondering... I've asked them to send me details of what their charge rates were over the years, i.e. if it's £22.50 now in 2006, what was it in 2005/2004 etc etc.

 

Either way, it'll add the fat end of another £500 onto my claim!

 

And yet I repeatedly see comments that it is not worth claiming the interest. If you have unjustly paid interest then you should claim it back. If they want to query peoples calculations and say they are wrong, the onus must be on them to show they are wrong. ie calculate the correct figures. £500 on your claim must be worth a bit of effort surely. :???:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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And yet I repeatedly see comments that it is not worth claiming the interest. If you have unjustly paid interest then you should claim it back. If they want to query peoples calculations and say they are wrong, the onus must be on them to show they are wrong. ie calculate the correct figures. £500 on your claim must be worth a bit of effort surely. :???:

 

Ahh, sorry - the £500 extra was what turned out to be the combination of a Penalty Charge (a set amount between something like £15 - £22.50) PLUS the Debit Interest on top.

 

I've never actually managed to get my head around the Debit Interest part, but to me, it would appear that this would be something that I can claim back!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Ahh, sorry - the £500 extra was what turned out to be the combination of a Penalty Charge (a set amount between something like £15 - £22.50) PLUS the Debit Interest on top.

 

I've never actually managed to get my head around the Debit Interest part, but to me, it would appear that this would be something that I can claim back!

 

I would agree. Take a look at Vampiress' spreadsheet in the bank templates library, as that does the calculation for you, although maybe Clydesdale have done it for you.:confused:

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Ok, Prelim Letter for £1445.41 going today.

 

This is the big one folks!! The one I've been waiting so so long for!

 

;)

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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On the 1st an 2003 they changed the service charge from 15 GBP to 22.50 GBP without any justification IIRC to merit a raise of 7.50 GBP!!

Clydesdale Bank - Claim issued for £3127 22/05/06 - Court Debt Writ in processing as claim too big for Small claims court

Halifax Bank - Data Protection Act Letter sent 12/04/06 - failed Data Protection Act Reuqest by 30 days now - complaint issued

Halifax CC - DPA Letter sent 12/04/06 - failed DPA Reuqest by 30 days now - complaint issued

Capital One CC - Claim issued for £320 - totally messing me around

Barclaycard -DPA Letter sent 12/04/06

MBNA A&L CC - Full refund of £380 22/06/06

MBNA CC - Full refund of £840.00 22/06/06

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Best of luck, I will be waiting to see how you get on, you seem to be the first to have got this far with the Clydesdale.

 

It will be interesting to see how they respond after their stalling at the beginning of your claim.

15/6/06 Clydesdale - DAP delivered to branch

23/6/06 - letter received saying they will send statements

14/7/06 - Statements received, calculator ready!

18/7/06 - charges totalled and first prelim letter put through bank's door

12/9/06 lba delivered to bank

26/9/06 - cheque for £371.03 (half) received

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Thanks, fingers crossed!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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