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Hi there folks, just joined today, been following for a few weeks now especially the yrokshire bank clydesdale bank cases, just a quick one for the battle hardend out there, my lba expires today should i proceed with my time frame, because the crm mr neil mckirdy has responded to my lba with the usual bull. so iv'e phoned them today to see where they are at with my claim, they state by law they have 8 weeks to investigate my claim of 4664.00 + interest, how do you calculate that by the way, each charge from the date incurred or as a total eg. 4664 +8%. regards pazzer.

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hi pazzer - if you haven't started your claim at court yet you don't include the 8% county court interest in your letters to the bank. The spreadsheets in the library calculate the 8% from the date of each charge. Did you use the library spreadsheets to total up your charges?

 

Lastly - proceed according to your timetable - not theirs. They should have had a total of 28 days to respond by now if you are ready to start your court claim.

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cheers for your reply bong, was not expecting one so soon, calculated costs just from the statements for being overdrawn and missed direct debits total 4464 quid. i thought you had to give them 14 days on the LBA well i sent mine on the 19 october. should i give them another 14 days then, or carry one with the small claims procedure. many thanks pazzer.

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calculated costs just from the statements for being overdrawn and missed direct debits total 4464 quid.

 

I trust you sent a preliminary letter before your LBA?

 

If you calculated your charges from your statements how did you present your figures to the bank? Did you send them a separate schedule with each charge itemised?

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just sent them a letter stating that over the course of six years that they have charged me 4464 in charges relating to being overdrawn and unpaid direct debits.

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Right..so you only sent one letter and no schedule? I'd start over if I were you with the prelim letter. Unless I've misunderstood your reply.

 

You will also need to send a schedule of the charges with both letters. This is because when it gets to court you have to be able to demonstrate that you've already sent them all the details of the amount you're claiming.

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Cheers bong, yep i looks like i've cocked up and not sent them a schedule of charges, but i've just spent around 4 hours on the spreadsheet inputting all the relevent data. so i have to start fresh do i.

1. send a prelim letter stating that i would like all my charges paid back in full, plus a schedule of them.

 

2. wait for reply, if negative, send another letter stating that your not happy with their response and if no repayment made within 14 days you will begin court action, plus send another copy of schedule.

 

3. if still negative response send lba to your branch along with schedule and wait 14 days, then begin mcol procedure.

should i start again even though head office are looking at my claim. regards pazzer.

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just checked all relevent letters on your site and i have sent the prelim one without the schedule and i have sent the LBA one without the schedule, but head office that neil mckirdy is looking into my claim. what should i do now?

any ideas or just proceed with the mcol,considering that their 14 days are up from when i sent the LBA.

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Morning pazzer. Seeing as you have already sent the two letters I think I would send just one more, straight to McKirdy, enclosing your schedule, saying you omitted to enclose it with your letters, and giving them another 14 days to consider your claim with the information, before you start court action.

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Cheers bong your a star,will do this asap, this forum is mega, and i will be donating a percentage of my claim to the forum no doubt, wicked. regards pazzer.

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whoops sorry, should'nt i send it to my banks branch instead, dont want to be having that scottish law thing, then they can pass it on, or is it best to send straight to head office customer relations.

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dont want to be having that scottish law thing

 

what is this?

 

As far as I know if you know someone is dealing with your letters it would be usual to just correspond directly with them, especially if you have had a letter from them.

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I would be inclined to keep dealing with your branch up to and including submitting your court claim to be on the safe side. Let them pass it up to Scotland if they want, but you need to stick to England. I am also not convinced that you need give another 14 days. Send a copy of your schedule by all means as you didn't send it before and just inform them that as you have not received a satisfactory answer you will be claiming through the court.

 

YB will continue to delay for long enough so I suggest that you stick to your timetable, unless you have already sent a letter giving another 14 days, in which case you must honour that.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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  • 3 weeks later...

Hi there, well its come to that time to send off for the court papers yorkshire banks time is up, do i just go to the mcol website and fill in the papers there and it gets sent electronically, any help would be apprciated by members who have allready completed this process, many thanks pazzer.:cool:

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Check out the FAQ's and step by step instructions, use the templates in the Bank Templates Library, read the guidelines on the MCOL website. Take your time and get it right so you don't give YB any excuse to try and wriggle out of it.

 

What's Best for You?

 

 

The Consumer Action Group is a free help site.

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

 

Alliance & Leicester Moneyclaim issued 20/1/07 £225.50 full settlement received 29 January 2007

Smile £1,075.50 + interest Email request for payment 24/5/06 received £1,000.50 14/7/06 + £20 30/7/06

Yorkshire Bank Moneyclaim issued 21/6/06 £4,489.39 full settlement received 26 January 2007

:p

 

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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  • 2 weeks later...

Hi and good morning to you all, not been on for a while due to work commitments,but anyway i was due to issue court proceedings on the 20th november, and was looking at all the info on the MCOL site, and the boiler packed up, so there goes the 120.oo i had saved to pay for the court costs, bugger! so anyway i have left it for now till i can get 120.00 saved again, and low and behold a cheque from clydesdale bank was in the post yesterday for 2800.50p and ive not issued court papers yet, going to copy it and send it back stating, thanks but no thanks i want full settlement, what do you guys and gals out there think? for them to send me a cheque the are basically admitting fault are they not, more updates to come shortly folks stay tuned. regards chris:cool:

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will it make any difference that the 14 days expired, for issuing court proceedings its just that i havent got a spare 120 quid yet, all opinions welcome. regards chris.

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hi chris, no it doesn't matter when you issue the proceedings but just be aware of the six year limitation period. If you're going to exceed the six years you will not be able to use the standard particulars of claim.

 

I agree, tell them you want it all.

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