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Waiting for statements to be sent from Clydesdale


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I think you should probably do a bit more reading Pitman as all the information you are asking about it readily available. I find the Bank Templates Library (and other CAG libraries) are a mine of information which make everything much easier to understand.

The Consumer Action Group is a free help site.

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

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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The small claims limit in Scotland is only £750 so it sounds like your probably going to be over that as im sure I will. Think the suggestion at the moment is that we might be able to claim through the financial Ombudsman rather than the courts as long as we have our full list of charges and the banks final offer.

 

As for the going to court (to force the bank to give details of charges) I think the costs are £39 initially, then a further £26 if the courts have to serve the bank with a summons. This should be refunded when you win though.

 

Andy

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It may seem harsh Pitman, but it will help you in the end as you'll understand so much more and feel more confident about what you're doing. We all had to do it to start with, and I'm still learning after over a year on CAG. There is a lot to take in and I do realise that, but with over 138,000 members it's impossible to answer everyone. The site is about empowering people to help themselves.

The Consumer Action Group is a free help site.

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

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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Have a read of this thread ;)

 

Example Step-By-Step Instructions

 

It will answer most of the questions you are asking.

 

Sarah.

Yorkshire Bank

Started Process 19th Sept 2006.

All Stages Followed.

Next Step Court!

Hearing Date 7th June 2007.

WON!!!!! 6th June 2007 :D

 

Frequently Asked Questions

Example Step-By-Step Instructions

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Hi pit. Yes you do need to know the amount and you do need the banks response to your complaint, the banks have 8 weeks to respond as per the FSA so you are in limbo until they give you the reply or the 8 weeks pass.

What i would strongly suggest you do is if you have charges going back over the last 5 years is to send another letter to the bank saying due to their non-compliance of the Data Protection Act which leaves you unable to demand the return of monies taken your start date will not be dependant on their failures of the Data Protection Act but set when the 40 days elapsed.

 

Hope that makes sense.

George.

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Hi pit. Yes you do need to know the amount and you do need the banks response to your complaint, the banks have 8 weeks to respond as per the FSA so you are in limbo until they give you the reply or the 8 weeks pass.

What i would strongly suggest you do is if you have charges going back over the last 5 years is to send another letter to the bank saying due to their non-compliance of the Data Protection Act which leaves you unable to demand the return of monies taken your start date will not be dependant on their failures of the Data Protection Act but set when the 40 days elapsed.

 

Hope that makes sense.

George.

dont suppose you could send me the correct template for this?? xx please!!??

Thanx for your help again,

 

Caroline x:p x

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Fit like? I am also in aberdeen and am claiming against the clydesdale bank. If you are having trouble dealing with the leeds aqu you could try talking to adele at the (albyn) principal branch. She has the unenviable task of dealing with SAR's in aberdeen. She seams cool and has been helping me retrieve older statements from closed accounts.

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It certainly looks as if that's what's happening Bigmac. Maybe not with every bank. But I think that it shows I was perhaps a little hasty in accepting the offer on the first account. I think the lesson to be learned is, wait for the FOS to get your compliant logged, and their letter off to the bank before you consider any offer that may come in before that happens.

great advice seahorse!! thats what i will be doing, i have had a reply from the informations commisioners office explaining they recieved my complaint, over the 40 day DPA, Still waiting to get my charges throught the post, DPA Was sent to the bank on the 14/3/07, they did send me one letter explaining that they wouldnt reach the days... but how long do i actually have to wait!! xx FOS Is my next step, how long do i have to wait before i complain to them... 8 weeks after my DPA? XX

Thanx for your help again,

 

Caroline x:p x

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this letter? is this my prelim? first letter to the bank... this was sent on the 5/3/07 thats 8 weeks right...

Due to recent media Coverage on bank charges i now believe that you, Clydesdale Bank have been charging me charges that are contrary to the unfair terms in consumer contracts Regulations 1999 Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disprportionately high sum in compensation.

I Beleive that your charges are didproportionately high and therefore they are contrary to the unfair Terms in Consumer Regulations 1999. In Addition i believe that your charges are a penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garrage and Motor co Ltd (1915) AC 79 along with Murray v. Leisure play (2005) EWCA Civ 963. It was Held that a contractual Party can onle recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss.

Furthermore if you fail to comply with this letter, i request without further notice a breakdown and proof of all costs involved, in regards to your actual or Liquidated losses involved in any breach of contract th which these charges relate with yourselves, and tha these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account as defined in Unfair Terms In Consumer Contracts Regulations 1999. Schedule 2 (e)

Therefore i require you to refund me the correct amount which was unlawfully charged during the last six years! If you dissagree with this, please supply me a copy of all the charges applied to my account dating back six years within the next seven days! I have a copy of some of many charges which you will find in this letter, please be aware i have many more!

I hearby give you 14 days to refund the charges back onto my account. For the avoidence of doubt, if this is not done within 14 days, i will Commence my claim in the courts without further Warning. This action will inevitably involve you in additional costs

I also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against

Yours Sincerely,

Caroline Pitman

Thanx for your help again,

 

Caroline x:p x

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Number 2 in the Bank Templates Library linked below Caroline. I'm moving these posts to your own thread to make it easier to follow. Do you really only want 6 years of charges, or do you have others going back further? As you are fighting Clydesdale you risk losing the earlier charges if you limit your claim to 6 years.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/

The Consumer Action Group is a free help site.

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

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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Number 2 in the Bank Templates Library linked below Caroline. I'm moving these posts to your own thread to make it easier to follow. Do you really only want 6 years of charges, or do you have others going back further? As you are fighting Clydesdale you risk losing the earlier charges if you limit your claim to 6 years.

 

http://www.consumeractiongroup.c o....lates-library/

 

 

i dont think i had anymore charges before that! im quite happy getting back 6 years of charges. could be really handy to put towards a holliday this year x :)

Thanx for your help again,

 

Caroline x:p x

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Hope the holidays not too soon Caroline the way this lot delay matters. I suggest that you send them a letter before action warning that if they don't send you the information within 7 days you will take them to court.

 

This is the info you need for that in template 2.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/6986-data-protection-act-non.html

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The Consumer Action Group is a free help site.

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

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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Just phoned my bank regarding they have gone over the 7 days and still not heard anything since my letter before action was sent, I Have been told that the lines were busy , she is going to get the branch to call me back once this has been investigated!!?? lets see what they say! update this soon as ive heard something....

Thanx for your help again,

 

Caroline x:p x

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I'm trying to find out if the procedure for taking court action for non-compliance is the same in Scotland as England 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.

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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Quickly skimming through replies on this site, I think I am in the same boat as some people!!! I have had two replies from Leeds with regards requesting my bank statements.First on 5th April, 2nd on 12th April: this one thanking me for my patience!!!!!!!! I took the bull by the horns today and phoned Leeds no:(01132315010 at 5:10PM) asking when they reckon I shall have my statements!!! I reckon the charges are going to amount to at least £2000. Anyway,the female who answered the phone- (Don't shout but I didn't ask her name!!!!!) was quite nervous and asked where I got her number" as it was an internal number" When I gave my ref: no. she stated that all statements are printed at publishers in Glasgow, but unfortunately, due to High Demand were on a Back log, not due to manpower but equipment!!! It cannae Cope! She has told me the earliest I can expect my statements is the second week of June: very sympathetic girl and she is only an employee! I have already written to Ombudsman and awaiting a response..... Do I remain patient

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CONSPIRISY THEORY

A friend of mine works in the information commissioners office and she reckons they are getting around 350 complaints a day about non compliance with the 40 day rule, so don’t hold your breath on a quick investigation of your complaint by ICO.

Who benefits by creating this mayhem ???

So every one is too busy to help you get to the bottom of your claim & what do the banks do ?.. offer you a reduced amount for a quick settlement in full and final...so who is really benefiting from the banks dragging their heels and not deploying more staff to deal with the situation...yep THEOSE PESKY BANKS .

Want to know how to benefit from the delay ??

Turn the situation to our advantage stand fast, wait and insist on contractual rate interest so the longer they take the more you make...then see how quickly they deploy staff to sort out the mess (which they created) once they realise their £2000 "extraordinary profit" in bank charges is costing them £5K + (and this is the thing that will focus their attention) £4.20 a day in interest ...."take as long as you like Captain Mannering" & "why dont you waste some more money on a HBOS advert HOWARD ?" why dont you try adapting the words to "We've got all the time in the world?"

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