alf v clydesdale bank

[alftupper]

Sent letter back saying would accept as partial payment they came back with the encasment taken as full and final crap - Think I'll just hold onto cheque and let the small claim rumble on.

 

Secondly I have another seperate claim calculated, LBA'd and refused second LBA sent with no response - this claim will require quite a few small claims what would folk reckon Do I make the small claim and wait for a result then put the next in or do I just start a series of small claims a couple of weeks apart?

[Bigmac versus]

put only one in at a time as the bank see more than one at the same time they will ask the case to be moved up incurring you legal costs, sure i read that some where

[Robertxc]

put only one in at a time as the bank see more than one at the same time they will ask the case to be moved up incurring you legal costs, sure i read that some where

This is correct. DO NOT run concurrent claims.

[alftupper]

Small claims up next week bank have offered difference between fees and the OFT £12.00 . I have yet to check whether this is in addition to cheque already received or in place of it. Banks letter is written without prejudice and states that it may not be referred to without written consent but then states that if offer is not accepted that the bank will refer the court to this letter when deciding the expenses to be awarded - surely without prejudice is a two way thing

[caro]

Without prejudice is, but without prejudice save as to costs means that the letter wouldn't be shown before a decision was reached, and would only come into play after the judge had decided the matter.

 

Personally I find this an intimidatory tactic as costs should not be part of small claims, but YB seem to like this trick. Is this a claim on a credit card? Whether it is or not I suggest that you hold out for the full amount that you are entitled to including costs and interest.

[Robertxc]

They wrote a similar bit to me about refering to the letter in court. I showed it to the sheriff anyway. If they want confidentiality from you, they should get your agreement before they send you anything confidential. Bear in mind that the OFT DID NOT say that £12 is ok for a charge. What they said was that anything above £12 will be presumed to be unfair:

 

As a practical measure, to help encourage a swift change in market practice, we are setting a simple monetary threshold for intervention by us on default charges. The threshold is £12.

 

Our presumption will be that credit card default charges set above this level are unfair unless there are exceptional factors that legally justify the higher charge. Where we see a fee above the threshold, we are likely to challenge the charge but will have regard to all the business circumstances and any exceptional factors in deciding whether to do so or not.

[alftupper]

Checked with court CB have notified of their intention but have not lodged or supplied me with any defence. Case comes up in a couple of days what is recommended procedure? and how should I approach?

[Robertxc]

Don't worry about it. If this is the first hearing, nothing will be decided. All that will happen is that the judge will want to check that everything's ready to proceed. you'll then get a date for a full hearing in a few weeks.

[alftupper]

Appeared in court where the case was put back due to bank not supplying defense, they have now responded offering full payment + costs of action but no interest. My only query is their final liner -

 

" I accept the offer of ***** in full and final settlement of my claim against the bank " - is that statement if signed with regard only to this claim or to all claims against the bank

[alftupper]

BUMP - Anyone?

[caro]

Make sure that you make it clear that it is only this claim, or they will no doubt try to wriggle out of any others, although I would hold out for the interest.

[alftupper]

This topic was closed on 10 March 2019.

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