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    • you stated :   "I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect".     They were there when I should have had an off peak option, they did not give it me!! I asked for the lower fare. they refused!! And threatened a fine!! ( i did not know the jargon , that is true)  but "lower fare option "  should be o.k for them to understnad should not   when i say to the effect that there was a lower fare option listed on your computer before i left the station  please can i have that. as this higher fare seems far too much is there another option?   But no.   I had full fare or a hefty fine options.   you stated:   "your intended return was off-peak, but you didn't tell them.."   I asked for the lower fare, they refused. repeatedly. They had the option to charge the low fare but absolutely refused and threaten a fine.   I do not have to know any jargon.  I just said it was too much and there was a lower option before i departed why cant I have that? They said no and that I had to pay the high fare.   Which is untrue they should have said that was o.k and gave any restrictions on the ticket!   you stated "this thread is getting boring and repetitive. "   You could help me and the many others  who may read this) who would like advice and offer suggestions of things to ask or mention with the complaint.   What would you say? How can I stop this from happening to others?   I have been told I was right by the staff at the station. So I know I am in the right.   Please can you be a bit more friendly and helpful?  Come on, lets try and do some good here.   I was hoping people might suggest some ideas.   Perhaps we can move onto the questions I should ask or things I should state regards my complaint. with time running out?  If not for me,  for other travellers, who will be going through this same ordeal if we do not help them.   kind regards.          
    • yes because 1000's of people believe a DCA is a bailiff and they are not and that penalty charges are lawful, they are not, so blindly cough up...   worth a few letters / free emails to try it on pays for the staff drinks down the pub that night with free money.   dx  
    • they have already 'outsourced' it ..........to a dca [crs - well that's harlands anyway] watchout for Zinc next.. but don't look at the bottom of the letter as you'll see its the same address again...}   forget about it go enjoy your life.    
    • Hereford Anytime fitness. Nothing on the site explains a contract it's just selling itself. I absolutely have not attended after the initial sign up, except for the first introduction. Is it right that an establishment can bully someone in this manner, especially as they claim to be encouraging & nurturing in the selling point of people’s wellbeing? 
    • Thanks DX,    I will update if they outsource to another company or issue any of proceedings (unlikely I know)    cheers, 
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CerberusSco

Clydesdale - Bank Charges taken from benefits - Reclaim under Hardship - help

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Not sure whether this is the correct section of the forums, but anyway.

 

Has anyone had any dealings with Clydesdale/Yorkshire Bank in reclaiming bank charges under 'Hardship'?

 

I have been receipt of ESA since Nov 2011 and since then I have amassed a total of £375.00 in charges

and when you add 8% interest to those charges of £29.57 it comes to a total of £404.57.

 

I sent them a letter dated 14th November 2013 requesting these charges back

and have had a response today stating the terms & conditions of their current account a

nd as a gesture of goodwill a refund of £50 in bank charges (for Sept & October 2013), which I find a slap in the face.

 

I have sent them an email (which has been confirmed as received over the telephone)

giving them another 14 days to look at their decision again otherwise I will take it to county court.

 

I also stated some BCOBS rules as I found another thread on here regarding them.

 

Is there any other advice that members here could give me or do you think I should just wait for their response to my latest email?

 

Thanks.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Thanks dx100uk, that's the exact thread I was referring to and as such I edited the response to suit my email/letter before action in response to Clydesdale bank.

Edited by CerberusSco

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good the perfect route then.

 

I suspect once you issue papers they'll cough up

 

dx

  • Confused 1

PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Well I've just had a phone call in relation to the email I sent on Wednesday and the arrogant swine that has been dealing with my case has stated that despite the email I have sent, the bank is not going to budge on their gesture of goodwill.

 

Just so we're clear I have uploaded the letter I originally sent and their response.

 

[Attachments are now in post #8 below]

 

So now that I have their final response how do I send them court papers here in Scotland?

 

I'm also assuming it will be a small claims court I take them too.

 

I've also been advised on another forum that taking court action is totally stupid, but do I stand a good chance of getting anything above the measly £50 they have offered as a gesture of goodwill?

 

It seems that Clydesdale are a tough nut to crack. However, there have been a few occasions where they have charged me £25 for being 20p over my overdraft limit. On most occasions it has been a couple of quid, but never anything more. I don't feel their £25 is at all fair.

 

Thanks again

Edited by slick132
removed redundant links

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I have managed to find the forms for a small claims at the Sheriff Court.

 

I am just wondering how best to word the Statement of Claim. Do, I notify the court that the bank has treated me unfairly under BCOBS Rule 5.1.1 R & Rule 5.1.4 G. Should I also mention that bank has failed to take into account my income & expenditure and that following my final letter, they have refused to look at it again?

 

Thanks

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Hi CSco,

 

I think you would be unwise to rush into taking court action before you have firstly explored all relevant or necessary options and, secondly, given the bank notice of intended court action in a LBA as required by the CPR.

 

Can you just confirm a few points :-

 

1. Is there any overdraft (authorised or not) involved on your a/c.

 

2. Have you referred to The Lending Code when writing to the bank.

 

3. Do you think the bank knew, or should have known, that you were suffering hardship.

 

4. Have you sent the bank any I&E summary to prove the hardship you're suffering.

 

:-)

  • Confused 1

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Hi CSco,

 

I think you would be unwise to rush into taking court action before you have firstly explored all relevant or necessary options and, secondly, given the bank notice of intended court action in a LBA as required by the CPR.

 

Can you just confirm a few points :-

 

1. Is there any overdraft (authorised or not) involved on your a/c.

 

2. Have you referred to The Lending Code when writing to the bank.

 

3. Do you think the bank knew, or should have known, that you were suffering hardship.

 

4. Have you sent the bank any I&E summary to prove the hardship you're suffering.

 

:-)

 

Hi

 

Thanks for your reply.

 

1. There is an overdraft on my account of £200

 

2. I only mentioned the following in my first letter: the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’

 

3. Tough one to say, but I can only assume that when I first sent my letter and no doubt looking at the account, they could see that benefits where being paid into my account and the times when charges were occurring month after month.

 

4. No I didn't send an I&E as I thought I would do that later should the bank ask for it. During my telephone conversation with the person who was dealing with my complaint/request I&E didn't even come up, so I think that hasn't been taken fully into consideration.

 

Just a point to note, that I have already issued a LBA, but I am willing to pursue other avenues or approach the bank differently & amicably to resolve this to our satisfaction.

 

I've even politely emailed the CEO to outline my disgust that I don't think I've been treated fairly and the advisor dealing with my complaint hasn't taken everything into consideration.

 

-Edit-

 

I have attached my initial letter and the banks response for convenience. I did link to them earlier in the thread (post #5 if those links can be removed I would be really grateful), but I guess they are better as attachments.

Edited by CerberusSco

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Hi CSco,

 

1. Because of the o/d on the a/c, The Lending Code applies and the bank is duty-bound to offer you assistance.

 

2. Mention of Section 9 of The LC is excellent.

 

3. As per 2, because you referred to s.9 of The LC, the bank were aware of your hardship circumstances.

 

4. I think you need to send the bank an I&E statement, to prove the hardship you're suffering.

 

Re item 4, I think you should send the bank an I&E and give them a final chance to act properly as required by The Lending Code and refund all charges applied since March 2011.

 

If they fail to address the issue properly, then I think you are in a position to use BCOBs to take direct court action.

 

:-)


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Excellent stuff slick132. I'll draft a letter and post it up here as an attachment before I send it off if that's ok.

 

Thanks so much, it really is appreciated.

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Hi CSco,

 

Yup, post it up for comments, no probs.

 

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I also expect to do a wee bit of grovelling and apologising given the hard line stance I have taken with the bank. Oh well, if needs must :-)

 

Thanks again

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I suggest absolutely NO grovelling or apologising - the bank will just see this as weakness.

 

Stick to basic facts.

 

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Ok, my first draft.

 

Dear Sir or Madam,

 

Account number: xxxxxxxx Sort Code: xx-xx-xx

 

I am writing in response to your letter by Iain Gallacher of Customer Engagement, dated 12th December 2013 in which Clydesdale Bank have refused to refund all charges on my account since November 2011. However, the bank did offer to refund £50 of charges as a gesture of goodwill, but I find this unacceptable and urge you to look at the decision again.

 

I believe the fact that I have been incurring bank charges goes contrary to the aims of the Lending Code (Section 9). Personal customers should be considered to be in financial difficulty when income is insufficient to cover reasonable living expenses and meet financial commitments as they become due. My circumstances changed due to a loss of income because I had to leave my full time employment and claim Income Related ESA because of mental health issues. Furthermore, signs or indicators that a personal customer may be at risk of being in financial difficulties may include, regular unarranged overdrafts or excesses on agreed overdraft facilities and high or increasing numbers of unarranged overdraft charges being incurred by the customer

 

Because of the overdraft facility on my account, the lending code applies and therefore Clydesdale Bank is duty bound to offer assistance to myself.

 

I have attached an Income & Expenditure form with this letter and I wish to give Clydesdale Bank a final chance to act properly as required by The Lending Code and refund all charges applied since November 2011.

 

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.

 

Yours faithfully,

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I'd be a bit more assertive :-

 

Dear Sir or Madam,

 

Account number: xxxxxxxx Sort Code: xx-xx-xx

 

I refer to your letter dated 12th December 2013 in which Clydesdale Bank have refused to refund all charges on my account since November 2011. The bank did offer to refund £50 of charges as a gesture of goodwill, but this unacceptable and I suggest you reconsider.

 

You have applied bank charges to my account in a manner that is contrary to the requirements of The Lending Code (Section 9). Personal customers should be considered to be in financial difficulty when income is insufficient to cover reasonable living expenses and meet financial commitments as they become due. My circumstances changed due to a loss of income because I had to leave my full time employment and claim Income Related ESA because of mental health issues.

 

Furthermore, signs or indicators that a personal customer may be at risk of being in financial difficulties may include, regular unarranged overdrafts or excesses on agreed overdraft facilities and high or increasing numbers of unarranged overdraft charges being incurred by the customer

 

Because of the overdraft facility on my account, The Lending Code applies and therefore Clydesdale Bank was, and still is, duty bound to offer assistance to me.

 

I have attached an Income & Expenditure form. I now give Clydesdale Bank a final chance to act properly as required by The Lending Code and refund all charges applied since November 2011.

 

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue the matter in court using the BCOB regulations. I may also refer the matter to The FOS as a formal complaint.

 

Yours faithfully,

 

:-)


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Excellent, thanks.

 

There is something that I do need to mention, which I'll drop you a PM about if that's ok as I don't wish it to be discussed in public.

 

Thanks.

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It was mentioned earlier that the bank will see grovelling and apologising as a weakness.

But conversely a human will see a demanding letter and see you as rude and with an unhealthy sense of self entitlement (like it or not it's human emotion and you can't do a lot to change that - but you can reword your letter).

 

Personally, I would take a different angle and tell them that you don't think that a proper assessment of your financial difficulties was carried out after your initial letter. Then you can attach your income and expenditure so they can analyse it.

Demanding that they refund all your charges may seem well and good but realistically you're just going to end up unhappy with the outcome (as you have already found). Instead wait for them to assess what more they can do for you and then you can take it further from there if needs be.

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Hi CagBmn,

 

Trust me, I am more than capable of drafting eloquent, charming and polite letters. However, experience with the banks over many years here on CAG has shown that polite reasonable requests are simply wasted on the banks.

 

The banks made Oxymorons of the terms Personal Banking and Customer Services. While the staff in branches may still be friendly and personable, they have no discretion or authority and decisions come from computers and business strategies sent down from HQ.

 

For these reasons, we tend to stick to the basics and tell the bank what is required of them.

 

:-)


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