braveheart1 v clydesdale bank(scotland)

[braveheart1]

hi every one hope i got this right now,in right place to post my comments,just getting set for lodging papers at court on monday morning,will keep u all posted as to my progress thanks again for all help so far keep up the good work.

[R1Pilot]

good luck dude ....hopefully you wont need it - I lodged mine a few weeks ago and the clerk told me that over 300 people had claimed against them in that particular court - they haven't defended a single one to date !

[braveheart1]

thanks for the good wishes r1 pilot which court was it u applied to mines will be in kilmarnock sheriff court

[R1Pilot]

that was Hamilton - I would imagine Kilmarnock would be much the same

[Dread]

Good luck mate, I'm going to complain to the FOS about the obstructive behaviour first to see what happens, then i'll do the court thing.

[braveheart1]

hope this helps every one about to lodge papers in scottish courts I got this letter from court clerk very helpful chap , he wouldn`t accept the template for particulars of claim and gave me this one out of his folder hopefully this will save everyone a double trip to court. going today to lodge ammened documentation .will keep u posted thanks again to everyone

 

 

 

 

 

 

 

 

 

 

Particulars of Claim

 

 

1. The Pursuer has an account (account number“") with the Defender which was opened on or around (date account opened )

 

2. During the period in which the Account has been operating the Defender debited numerous charges to the Account in respect of purported breaches of contract on the part of the Pursuer and also charged interest on the charges once applied. The Pursuer understands that the Defender contends that the charges were debited in accordance with the terms of the contract between itself and the Pursuer.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Pursuer contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defender; exceed any alleged actual loss to the Defender in respect of any breaches of contract on the part of the Pursuer; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defender which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defender to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. The Pursuer being entitled to reimbursement of the Defenders charges,decree as craved should be granted with expenses.

6. The Defender operates from ( name&address of bank). The Pursuer resides at (address) and has been domiciled there for three months immediately preceding this action. The Pursuer entered into a consumer contract with the defender.This court accordingly has jurisdiction.

(Civil Judgement and Jurisdiction Act 1982,Section 41 and Schedule 8 Rule 3 )

[braveheart1]

hi there went to court this afternoon papers still not right a few brackets in the wrong places on particulars of claim letter,girl again very helpful I ammended letter I posted in forum earlier but I am unsure yet as to the wording she highlighted on the first line (defendant) and said it should be (defender) should that be the case as to every time defendant is refered to in the letter thanks again thought i was doing brill but not got to be perfectt

[braveheart1]

wee bit upset! no one replied but anyway went to court today with everything worded ok hearing date 28th feb 2007 clerk wen`t ha!ha!,just wait on the letter for every one in scotland make sure everything is down to the letter of the law dot ur i¬s and +ur t¬s u know the score,be warned if it`s not wright it means numerous journeys back and fro,like a numpty like me anyway i like a day out or two thanks again to all the team and keep up the good work will keep u all posted

[eastcdo]

Thanks for the wording for the particulars of claim. I'm new to this but am claiming against the RBoS for myself and Clydesdale for my girlfriend. The first letter back from Clydesdale says that is she pursues them they will take court action against her for breach of contract!!! I'm guessing it's their standard first reply. Have u had anything similar from Clydesdale?

Good luck with the court action

[zebbydog]

Thanks for the wording for the particulars of claim. I'm new to this but am claiming against the RBoS for myself and Clydesdale for my girlfriend. The first letter back from Clydesdale says that is she pursues them they will take court action against her for breach of contract!!! I'm guessing it's their standard first reply. Have u had anything similar from Clydesdale?

Good luck with the court action

Yes its a standard scare tactic.FWIW when we recieved their defence it said we had not had penalty charges,because to do so we would have to have been in breach of contract and at no time had we been in breach of contract and they were services charges that had been applied to the account.So there you go, a contradiction straight away

[eastcdo]

Thanks for that. I assumed it was just a ploy but it made me more determined to pursue it.

The RBS tactic was to deny that they could find my accounts (closed them 3 years ago). Basically said that they had no record of me being a customer and they delayed sending me any statements for 3 months until I contacted the Data Protection people. Then they sent me some (missing out the later months when I had most charges). I guess the banks hope that most of us give up and go away.

[braveheart1]

hello there sorry i didnt respond earlier but as zebbydog says its just there way of frightning u of i got the same letter,but as u know ive put the papers into court,as for rbos,my freind just got a partial settlement last week,he took the carrot dangled in front of him,because he was a bit short at this time of year it will pay for his kids xmas,so just keep going and it will pay of good luck

[caro]

Hi Braveheart. Glad you managed to sort your claim in the end. I have to confess that I am not so familiar with the Scottish legal system, but I must say it seems the court clerks are really helpful there.

 

Govan Law Centre is also a useful site you might like to look at, and if you have questions we can try and get answers between us all.

 

Unfair UK Bank Charges | legal help from Govan Law Centre, Glasgow, UK

[braveheart1]

got word back from court today stating return date 2/02/07 the hearing date 9/02/07,also enclosed form 11 which may or may not require to be completed by me depending on the defenders response to the summons. also it states that it is important that i contact their office on the monday following the return date as to ascertain what response,if any,the defender has made to the summons good luck to everyone and once again thanks for all the invaluable help so far

[Dread]

Good luck Brave, sure you won't need it but have it anyway.

 

Merry Christmas.