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Went to court and gained nothing!!!


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After refusing half of the amount of bank charges owed we decided to take them to small actions court (Clydesdale Bank) myself and my husband were very nervous about the prospect of this but after reading all your info etc on the website was fully expecting them to cancel court at last minute. They did NOT and my husband was in court today, he said it wasnt a very pleasant experience with lots of language etc being used that he had no idea of the meaning. The court querried whether such a case regarding the law on charges was worth fighting?! Anyway there has been a hearing date for April getting so frustated with whole thing thought it would be dun n dusted today. seriosly considering cashing cheque given for half and ending it there, only the bank has probably stopped it now! Aaaaaaaaaaaghhhhh!

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I hate to be negative but nobody said it would be easy. Clydesdale Bank (under the management of Yorkshire Bank) have a policy of deliberate and protracted obstructive behaviour that the FOS (Financial Ombudsman Service) has promised to stamp out. Unfortunately they will do nothing whilst your case is in court but watch my post, 'Clydesdal Bank Obstructive behaviour'. Before taking CB to court I have contacted the FOS to see if they can resolve matters, we shall just have to wait and see what happens.

 

From the looks of things YB and CB are taking all their cases down to the wire in the hope their customers will give up - but don't, their tactics are designed to do that.

 

As for going into court and not understanding what the language they are using.........ask! The judge is there to make sure proceedings are fair but if you don't make it clear you don't understand he can't help you. They will not punish you because your bewildered about the whole thing, you have a right to be there and lawyers are only mouthpieces managed by someone to manipulate situations to their advantage. The next time you go in, have an approach prepared and written down, speak to the court NOW and try to understand what the decisions meant and why the case has been put back. In short dont be a victim, It's your case, you take control of it.

 

Sorry if this seems a bit disappointing and perhaps harsh after a big let down today but going to court is a gamble and if you can't afford to lose don't do it. As it is, by the sounds of it you have no choice now if the cheque has been stopped. If you really need the money (and no one could blame you at this time of year) you could always try cashing it, if they charge you for the cheque 'bouncing' then add that to your claim. On the other hand you could hedge your bets, write to them accepting the cheque as PART payment of your claim, continue with the court case and produce the letter you sent if it's challanged. Time it right though and the money should be in the bank the day before you go to court and the lawyers in court won't know anything about it.

 

I'm not sure if I'm the best person to advise you on this as I have no legal experience other than having dealt with several lawyers, sacked one in court because of her incompetence and have my late fathers solicitors threaten to sue me because I wrote them a six page letter cataloguing their mis handling of his estate following his death.......LOL, but I refuse to be brow beaten by them just because they believe they are superior to us minions.........Jeez I'm on one today. I AM VICTOR MELDREW!

 

Hang in there!

Been screwed by banks all my life, it's payback time!!!!

 

OK as I seem to be handing out advice here I guess I had better add a disclaimer to my signature, Caro, hope you don't mind but I nicked yours.

 

Advice & opinions given by Dread 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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