alf v clydesdale bank

[JMio]

Same boat as me, they completely ignored my LBA.

[alftupper]

Well, that the LBA away, 14 days to go. I'm so confident in their reply that I've already got my small claims forms filled out.

 

 

"carpe dieme"

[caro]

Don't blame you alf. Were you ever in the scouts? Be Prepared is their motto isn't it? (or was that the girl guides) Whichever you clearly are prepared.

[conn75]

Following this thread with a very keen pair of eyes.

[alftupper]

Well thats the LBA totally ignored so its now time to visit the local sheriff court and get the claim entered

[caro]

Welcome to the club Alf.

[JMio]

I can see their Legal Department getting more than a little sweaty at the moment, and not just because of the weather!

 

This lot haven't got a clue folks - see yuo all at the finish line!!

[rb192]

I am handing in my Data Protection request letter tomorrow to CB branch. Can someone clarify; CB have charged me £22.50 and called it a Maintenance charge and then at the bottom it says"total service charge due £22.50. This is for overdrawing on the account. Can I claim this as I know there have been a number of such charges on my account? The faq on service charges did not clarify the situation.

[alftupper]

On my account I have £22.50 irregular penalties and £22.50 service charges and I have claimed everything apart from any agreed costs. Claim the lot and let them prove whether they are justifiable charges

[Mrgreengenes]

I had been a Clydesdale customer for over 30 years but recently have had a zero balance for 18 months. When I tried to resurrect my account by putting funds in I have discovered that they have closed my account without informing me.

 

Now I have decided to add Clydesdale to my list for claiming charges back. Separate thread started. I do not want to hijack this excellent thread.

 

 

Don't let the fatherless chillen get ya!

[alftupper]

Due to work pressures I had been unable to get to the court but finally managed it today. So that's another one to court. Additionally I have now requested repayment of approx £2500 on my current account , so lets see how things go?

[caro]

I am not familiar with the Scottish system alf, but I guess that is not classed as a small claim in Scotland. I hope all goes well for you.

[alftupper]

That figure is just for initial request, fully expect to have to go through the procedures again whilst they stall at every opportunity!

[sam stewart]

My son has had a letter from the Clydesdale Bank stating that they would welcome him to take them to court as it will give them an opportunity to take him for court costs!!! Do you think they are bluffing?

 

Sam

[alftupper]

They are bluffing, if he takes them to court using the small claims procedure he is not liable for any costs apart from the initial cost involved in starting the action (£39) which he will get back when he wins. This lot will stall, squirm and use any tactic to put you off - don't back down but be prepared to follow through to the end.

[Robertxc]

My son has had a letter from the Clydesdale Bank stating that they would welcome him to take them to court as it will give them an opportunity to take him for court costs!!! Do you think they are bluffing?

 

Sam

Facinating. Any chance you could post the text of the letter? I've been to the small claims court many times, and I have never once seen costs awarded to either side. I've seen lawyers for big companies ask for costs quite a few times, but the Sheriff always rejects it out of hand. One of the fundamental principles of the small claims court is that there are no costs awarded, otherwise there would be no point in having it. The only circumstances where you can have costs awarded against you are if your claim is brought 'in bad faith', or if you abandon it part of the way through.

[Mrgreengenes]

Clydesdale Bank are trying hard, in fact it appears they are getting desperate.

 

By threatening your son with court costs, the author of the letter obviously doesn't have a clue what he/she is talking about.

 

Stick to your schedule and....

 

 

 

Don't let the fatherless chillen get ya!

[alftupper]

Well as expected another refusal to my first LBA, second one is now heading out. They must have some customer relations section up there I have rarely got an answer from the same person.

[alftupper]

Letter and cheque for half of my first claim usual stuff full and final offer etc, do I

 

Cash cheque and decline offer with proviso that I am still claiming the rest?

 

That's what I'm doing - preparing the paperwork to take them to court for the remainder of my claim.

[caro]

Both methods have been employed. The choice is yours.

[JMio]

Sorry Sorry Sorry Alf! My fat-fingers hit the Edit button rather than Quote there!!

 

 

Anyway, Capital One did the same thing, sent cheques for lesser amounts, which I cashed then they paid up as soon as I took them to Court.

 

This squirming lot don't want to let their cases go to Court, otherwise - they would have done so by now!

[alftupper]

Response back stating that if the cheque is cashed, it will be taken as full and final settlement, and taken as acceptance of this. ????????

[Robertxc]

I would write back a nice polite letter thanking them for the cheque, and telling them that you accept it in part settlement of your claim. If they have a problem with that they can alsways stop the cheque (they are a bank after all).

[Bigmac versus]

Dont know if that would be accepted in court but then again they are extremely unlikely to attend to defend, sounds good Robertxc, if it were me i would send them the letter first stating that you intend to pursue the rest through the court and thanks for partial settlement, if nothing was heard within a week i would put the cheque in.

[Robertxc]

Actually, there are quite a few examples on the forum where people have cashed cheques which were supposedly sent as 'full and final settlement'. Often it's done on the advice of the judge or sheriff. I'm not sure what the precise legal position is, but it may have something to do with the fact that as far as you're concerned it's your money anyway, so the bank is not in a position to attach conditions to it unilaterally. It may be that they can only enforce a condition if it's with your agreement, or if the judge or sheriff orders it. I must stress that this is only my theory, and I don't know if it's correct.