Keep Pushing v Clydesdale (Scotland)

[Keep Pushing]

Hi all & good luck with your claims!

 

I had to give up work 3 years ago due to disability which left me with a shed load of debt.

 

I have £1781.03 of charges on my last 5 years of statements & if all goes well it will help towards getting me out of this mess!

 

I sent a letter for refund of charges (Clydesdale Bank) using a template from another site before I came across this one.

So much stuff I did'nt know about & I now I'm suffering from information overload!

Need help!

[saint-luco]

take your time to read the faq's & different threads relating to your bank, it will all make sense soon, start a thread, keep it updated & you will be given advice & encouragement as you go GOOD LUCK youwill get your money back

luco

[MARTIN3030]

Welcome to the site.

We are aware that some sites are giving confilicting advice but as you are now here joining almost 100k others you should not go far wrong if you take the advice of Saint Luco.

As he says start your own thread in the bank section.

[ukaviator]

Keep pushing

 

My advice is to stay with this site. There are others out there,some charge fees for doing the work for you. I would stay well away.

Have a good read around here at the tried and tested procedures.

There is plenty of help here,and you will probably make a few good friends too along the way.

 

Good luck

 

Uk...

[MARTIN3030]

Hi your posts now moved to your own bank group from welcome forum:)

[caro]

Hi Keep Pushing and welcome to the Yorkshire and Clydesdale forum. There is loads of information so just read the FAQ's step by step instructions and some of the threads in this forum as well as the YB/CB Successes forum and you will get there I'm sure. Most of the information you will need is already available, but if you have any other questions post them here.

 

Are you based in England or Scotland as the amount you can claim in one go differs? You might like to take a peek in the Scotland forum if you are from there, although we have Scottish claimants here too.

[Keep Pushing]

..

[Keep Pushing]

Hi.

I've pasted below a copy of the letter I sent to CB after I got my statements by DSA request & was wondering if it's OK?

 

I received a reply back on 1st Dec from there Customer Relations Dept saying "I am sorry you have found the need to raise a complaint...blah..blah..blah..in 4 weeks we will inform you..blah...blah...we will be in touch in due course" (a common reply from what I've seen)

 

When I sent the letter I thought it would be easier to just send the statements with charges on them & highlight each charge...I took a photo of each one as I don't have access to a copier, which worked great but I stupidly deleted them by accident before I got the chance to put them onto disc!

 

I will feel & probably look a fool if I write to ask for them back.

Should I just send another DSA Request or do you think they will still have them to send back?

 

As you can see put "Please refund these charges to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice" so I feel I should be doing something by now.:-|

 

Any help much appreciated.

 

Thanks again, KP.

======================

 

22.11.2006

 

 

 

 

Clydesdale Bank PLC

30 St Vincent Place

Glasgow G1 2HL

 

 

Dear Sirs

 

Penalty & unfair charges – request for refund for xxxx xxxxxx, sort code xxxxxx, Account number xxxxxxxx

 

Please see enclosed statements showing all penalties & unfair charges made to my account excluding any debt interest associated to them from 22nd November 2001 to 22nd November 2006 & total a staggering £1781.03p.

 

I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 - online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

 

Please refund these charges to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

 

Yours faithfully

 

[caro]

You should be doing something indeed. You gave them 7 days which has now gone, so you should act. However you also need the information back. It's entirely up to you whether you want to do a new SAR, and restart your claim, or start your court claim if you have sufficient information, which I guess you haven't. You really need a schedule of charges so maybe you are best to start again. I'm not sure where you letter comes from but the Court Procedure Regulations say you should allow 28 days before taking action anyway, which is why the CAG process allows 14 days for the preliminary request and 14 days for the letter before action.

 

Why not start from scratch, and while you are waiting for your new statements, read up the FAQ's, the step by step process, perhaps the Scotland sub forum and the Govan Law Centre site. There is a lot of information to take in, so it's best to get to grips with it before taking the plunge with court action, which is obviously a very serious matter.

[Keep Pushing]

I'm not sure where you letter comes from but the Court Procedure Regulations say you should allow 28 days before taking action anyway,

 

Thanks caro. The template letter I sent came from Govan Law centre & it Say's 7 Day's??

 

Anyways I sent off another DSA Request & on the same day I got home to find a letter with a cheque for £890.50!!

 

After a lecture saying it's my responsibility to maintain my account in credit or where applicable within the agreed overdraft limit lying solely with me as the account holder it also Say's

 

Quote "Further, even if you were succesfull in your arguments the bank would have a claim against you for damages suffered as a result of your breach of contract in failing to adhere to the terms & conditions of the account. Such a claim would incur court costs & interest for which you may be held liable.

 

However, the Bank would like to resolve this matter with you without the disproportionate expense of court action. I have therefore enclosed a cheque for £890.52 This cheque is tendered without admission of liability and is in full & final settlement of your claim & your encashment of it will be taken as your acceptance of this.

 

Please note that as this letter is written in an attempt to resolve this matter without the need for court action it is without prejudice to the Bank's whole rights & pleas & may not be founded on in any action to follow without the bank's written consent."

 

Can I just cash the cheque & carry on to claim the remaining £890.51?

[caro]

Unfortunately it would be unwise. They have paid it in full and final settlement, so if you wish to change these terms you would have to write and get there agreement to the change. The harsh reality is that they are unlikely to agree, so your best option is to rip it up and return it to them, informing them that the case against them will continue until they settle in full.

[Keep Pushing]

I know your probably right but bloody hell it's gona be hard to rip this cheque up! even though it is only 50% of my claim I could really do with almost £900 right now!

 

Ahhhhhhh!

[caro]

It would be hard to rip up any time for me, but wouldn't you rather be sure of a bigger one for 100%. You could be playing right into their hands if you accept it. Not long ago I would have said bank it and carry on claiming for the rest, but my earlier post is BankFodders advice on this. Can you really afford to risk losing over 900.00?

[Dread]

Seems to be their cheue run time, I also got one yesterday that I'm going to have to rip up, see my post 'Clydesdale Bank obstructive behaviour'

 

Keep going, nearly there.