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    • just post it here as text then we can edit if necessary
    • 1st try for snotty letter.     lbccc v1.pdf
    • I do feel now that I would like to comment on some points raised on some of the posts on this feed:   Although I found the appearance and comments from Zac to be rather strange, I have not left a scathing review; I was merely seeking some advice as I have never been in this situation before and did not know what to do.   The information I have provided is factual, transparent, and comprehensive. The pdf I posted of full correspondence, screenshots with text on (and to clarify direct quotations from the video walk round), and photographs of the bonnet show this.   The emails and comments posted by the dealer do not constitute the full facts of the situation as he stated, and it makes me feel sick that I have repeatedly been called a bully and a blackmailer (via correspondence and forum comments) throughout this. Additionally, the 4th email posted by the dealer which he named as the response to the email above it was not the response I received to it.   I have made it clear from the start that I wish to keep the car and only wanted it in the condition as advertised. Upon receipt of my first email concerning my complaint (not the best email, I know), it was very clear that the dealer wanted the car back. His response to this was a WhatsApp message which ended in “To be frank I don’t want to sell some one a car that insults and then blackmails me”. This was also the only option provided which would not cost me considerable time or expense. Although it would still have left me without a car (and having to resume my search), as my old Golf was due to be collected by a private buyer. Also, this was the only option offered without sarcastic and/or patronising comments attached. This is of course only my personal opinion and I am aware that I may not be fully objective on this point, but I felt bullied into doing what the dealer wanted.   Whilst I understand my initial email was quite conflict orientated, and that I have not dealt with this situation well, I don’t believe it excuses the responses I received. I am at a loss to see how this is above and beyond in terms of customer service.   As the dealer pointed out, I did state that the car was in fantastic condition for its year (the interior is fantastic for the year), apart from the bonnet of course. The car has most likely done predominately motorway miles which would account for the bonnet. There are minor issues which also don’t match up with the video walk round. Namely, a tiny dent in the rear wheel arch, which is barely even noticeable, several paint chips around one of the doors, the odd stone chip elsewhere, the alloy wheels are in good condition, but not absolutely pristine as most were described as (I had assumed maybe these has been reconditioned), the rear loading strip is heavily marked all the way across, but the paintwork not affected. However, all of these I feel are minor in a 10 year old car. Upon reflection ‘great’ may have been a better representation than ‘fantastic' on my comment.   During my initial phone complaint, I was told that I was the first customer to complain in over 50 cars (can’t recall the exact number but remember it being in the 50’s) to which I said that I felt bad about, later it was 300…   I never asked for £150. As mentioned before, I accepted this offer over the phone after the dealer had told me that I would not be able to get a stone chip repair company to rectify, as “there are hundreds,” and that it would need respraying. He told me that it would cost him £150 (did not mention plus V.A.T) and that it might cost me £200 here.   I was confused by the pricing structure mentioned (from the chap he has previously told me he has used for his body work repairs for years) as this appeared to be an invoice, which I assumed was for another car’s repairs. The total cost was over £1,000. It stated £180 for a bonnet repair and paint (vandal damage, small repair or paint correction) and on the second page V.A.T was added. If this is correct this would surely equate to a total cost of £216 for the bonnet, but of course I could be wrong. Not inclusive of the cost of collecting and delivering the car back to me, as I have been informed that this should not be of inconvenience or cost to me.   I asked for a larger contribution as initially I was led to believe it would cost me £50 and a little inconvenience. Only after I stated the specific consumer rights (which I had Googled over the weekend) and sent the dealer photos of the bonnet did he offer me a further £112.50 for this. In hindsight I could have specified a figure, and that I still did not expect the blended wings to be paid for. Before this, the dealer stated that he did not wish to negotiate any further and to take the car back to him to paint or they will refund and collect. Upon seeking more specific advice on Monday I was informed of my full rights in this circumstance.   It is certainly not a case of changing my mind because I wanted a brand new bonnet etc. and I disagree that the dealer kept his "kool" and replied respectfully throughout, as I do not consider sarcastic and derogatory comments throughout as respectful.   The warranty is a 6 month bronze package from Warranty Wise in this case, which I believe is the only option for a car over 100,000 miles.   I’m unsure as to the significance of the dealer counting 14 stone chips, but maybe this was on one of the photos close to the edge of the bonnet. I have not zoomed in, merely taken a photos of different areas of the bonnet. You can gauge the size on the photos which are closer to the front headlight area. Also, again this issue is not about the size of the stone chips, which do vary in size throughout, it is about the sheer amount across the bonnet not being as described. I did state that these were difficult to see in sunlight or at a distance. However, upon reflection I should have stated more clearly i.e. direct sunshine. I believe 2 or 3 were pointed out on the front edge of the bonnet in the video walk round. In which the dealer stated "Body work is absolutely stunning for the year, with only very minor age related marks, which we’ll point out as we walk round… Bonnet; no scratches, no dents, no damage. If we look closely, we might find the odd little stone chip here and there that have been touched in, little one there, very difficult to see. Little one there, look. So, it's got the odd little stone chip on the front of the bonnet edge, apart from that it's very very clean."   There are not over 30 emails about this, there are 12 and 11 WhatsApp messages (inclusive of the 2 photos of the body shop invoice).   From what I understand about mediation, its purpose is to negotiate to resolve an issue as timely and smoothly as possible. The last emails from the dealer stated that they had no choice but to take legal advice and pass all their correspondence to Lawgistics. With a formal retraction of all previous offers except returning the car to them for a refund, which would be my responsibility. This also informed me of the AA ADR. Followed by one stating “My apologies I forgot to include the phone number for the legal team… Bonnie is the team leader should you wish to escalate to the highest level. Please note that on taking further advice we are under no obligation to offer a refund for the vehicle.”   The dealer also stated “our car” at the end of one of his posts which is odd. It is legally my car which was purchased online in good faith.   Bankfodder’s recent comment concerning the AA does indicate he is saying the AA does not know what they are talking about.   Lastly, I am also unsure as to why anyone would want to deliberately add stone chips to their newly purchased car, or indeed how. Is this even possible?
    • As far as I can see I could just have scanned in a QR code of an unused or unreported test and declared it negative.  It is a venue asking for this and it's utterly pointless.  They'd be much better asking everyone to bring an LFT with them and randomly picking 10% out on entry to test in front of a witness
    • Each test has a unique QR code?   The UK is a joke at the moment.  People fighting over petrol at garages, because of supply issues affecting some garages.    Will we see people fighting again in Supermarkets over the last pack of toilet rolls ?   Government are blaming the media for reporting the problems .            
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Andy-T v Clydesdale Bank


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Been meaning to start this process for a while now and bitten the bullet and written my info request after discovering £135 worth of charges last month alone after getting into some financial difficulty and going beyond my overdraft limit.

 

So far..

23rd Feb - Request for Information Letter posted 1st class Recorded Delivery

26th Feb - Royal Mail reporting successful delivery

27th Feb - Cheque Cashed By Bank

 

So guessing I should have some more news by the 7th April providing Clydesdale fulfil my request within the 40 day period.

 

Wish me luck..

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You won't need 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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  • 1 month later...

ok, times running out for the bank to get back to me with the deadline occurring this Saturday (7th April), all I've had in response to my request for transactions is two copies of their standard responses (dated a day apart).

 

While it is possible I will get a response in the next few days im not going to hold my breath and want to get ready for the next stage. Which is the best way to proceed from here? Should I be making a complaint to the information commissioner or allowing the bank more time and threatening them with a complaint if they again fail to meet my deadline? Really just looking for the quickest tactic here.

 

Andy

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Ok, just received a letter from the bank confirming that they are going to be unable to comply with the Subject Access Request within the 40 day time period and that I am within my rights to complain to the ICO. Would like to put a bit of pressure on the bank to fulfil the request as quickly as possible rather than sitting around and waiting for them to respond in their own time..

 

Am considering sending the non-compliance template as found here. If this process is followed, should I also be informing the ICO or does seeking the court order bypass the need for their involvement?

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You can do both, although I think it is likely to be the court action that speeds up the response. I believe you should also complain to the ICO though to make sure they are aware of just how much this bank are avoiding meeting their legal obligations, so they will step in and put a stop to it in future.

 

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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Thanks Caro,

 

Have slightly amended the template to inform the bank of my intention to complain to the ICO and allowing them a further 7 days before taking legal action.

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  • 2 weeks later...

Clydesdale recieved the SAR non-complience letter on their 11th and I've had no ackknowledgement from them so I guess I'd better carry through my threats and proceed with court action. There's a couple of things im not sure about though and would be grateful if anyone could help me out on the following:

 

1) All correspondace so far have been with the branch im registered with rather than the local branch. Im in Edinburgh so was hoping to use Edinburgh Sherrif court to avoid travelling. Is this alright? Also, should I be taking action against my branch or use Clydesdale HQ address as the defendant?

 

2) I've read throught the paticulars in the template's, I pressume these also apply to claiming in Scotland?

 

Any help on these issues would be appreciated!

 

Andy

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Have been reading round some of the FAQ's and still can't find the answers to the above issues, if anyone even point me in the right direction?

 

Also, it just occured to me, while I don't have statements going back 5 years, I do have them from the start of the year. At this early stage, would it be un-reasonable to write to the bank with a preliminary approach for an estimated refunded calculated on the basis of what i've been charged over the last four months?

 

I realise this makes a sweeping assumption that I've been charged consistently throughout the last 5 years though in light of the clydesdales failure to comply with the SAR, surely it is up to them to disproove the accuracy of the figure?

 

Andy

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  • 4 weeks later...

Still not much to report back yet.. Despite numerous phone calls and a couple of letters placed to the bank I have still not received a single statement from the bank after 87 days!

 

Did go to the court to enquire about forcing compliance and the clerk advised me that he didn't think there was much which could be done, rather I may be better arguing for damages when I finally get to put a claim in.. Is this really the correct process in Scotland?

 

Seems unlikely I'd be able to successfully claim damages on top of what they owe me given the £750 limit here and the likelihood that I'll have to apply through the FOS.

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Thanks for the info diddled, it's somewhat comforting to know im not alone though it's not exactly reassuring!

 

127 days really does seem way out of the bounds of what Clydesdale suggest is merely a reasonable delay due to the volume of requests.

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  • 3 weeks later...

hey guys how u all getting on?? any more success yet??

 

ive now left my complaint to the FOS My last prelum letter, the bank was late in replying, havent sent them another LBA, (first one asking for my copy of charges) It took me months to get my copies of charges sent to me, and i fairly enjoyed highlighting the unfair charges - i got a sore hand - lol! :-)

 

i have spokn to the financial ombudsmen now, hopefully they will pull teeth out the clydesdale bank now... sent them a copy of all of my letters i have sent to the bank and all the letters i have recieved from the bank including the copies of my charges which are all highlighted!! they also asked me for my first reference that was on my first letter from the bank, im sure it will all be in safe hands now??

 

i dont still send the bank my LBA now surely??

Thanx for your help again,

 

Caroline x:p x

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Hi Andy, I am in the very same situation as yourself.

I sent my first letter away to Clydesdale Bank on 27th February along with my £10 Cheque which they cashed on 28th March! I did receive 2 letters 2 weeks apart stating that due to demand, I would not receive my statements within given timescale. I still haven't received my statements! I was advised by a sympathetic lady in Leeds office at the end of April that due to all the requests, these statements were being printed in Glasgow and I could expect them at the beginning of June! This was not due to manpower she assured me, but due to the machine not being able to cope with the demand! It 's a bit gauling though, 4 of my colleagues started this process (with different banks) and they have all been paid out. I haven't heard of anyone being successful with the Clydesdale yet!!

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No progress as yet.. still waiting 107 days and counting..

 

Caroline, Looks like you were luckier in getting your statements when you did. Not really been reading much on here lately so not sure what your next steps are..

 

Aidcam, yeah, it's really frustrating.. Unfortunately, there doesn't appear to be much we can do about besides wait around though. Don't get too disheartened though, I've read numerous cases of people who've won against Clydesdale in this forum. Stick at it, im sure we'll get there eventually.

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ok guys not happy!!! just came home from work and noticed a letter from the bank with a check for £200 when my original claim was for £1642.. and as abouve the FOS Are now in control with my claim as of yesterday x what do i do?? gutted!! :sad:

 

not so lucky now...

Thanx for your help again,

 

Caroline x:p x

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Oh my God!!!! That is so awful! Was there an exclamation for what that is for- surely not your claim!!!

Please, please do not bank that cheque! :eek: Just that I've heard if you do, the B******* take that as their final offer and that you have accepted it!

Shocking!

Marie

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Oh my God!!!! That is so awful! Was there an exclamation for what that is for- surely not your claim!!!

Please, please do not bank that cheque! :eek: Just that I've heard if you do, the B******* take that as their final offer and that you have accepted it!

Shocking!

Marie

Tell me about it!! Not a happy camper!! but i spoke to the FOS and i faxed them a copy of the letter and check to carry on with my case!!

 

they told me to send the check back to the bank with a letter explaining im not taking it as my final settlement!!

 

anyone know of any templates here i could use to send back my check!? prerebly a harsh letter!!??

Thanx for your help again,

 

Caroline x:p x

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Hurray!

 

Finally got my statements after 113 days! Got the highlighter out and spent an hour or so going through them.. It's already been a worthwhile experiece just realising how badly I've been managing my finances of late! Oddly enough, it seems the more I've been earning over the last 6 years, the more trouble I seem to get into :confused:

 

Anyway, first count puts my total at around £1700 but i think im going to go through a couple more times to make sure I've got things right before moving on to the next stage. I've also not included any unathorised interest charges in that as im not sure im confident that i know which o include, though interest charges do seem extortionate for months I've gone over my authorised overdraft.

 

Anyway, off to go and double check my figures before trying to get my head around the interest spreadsheets!

 

Andy

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