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    • 4.  Under The Pre-Action Protocol 201?, a Debt Buyer must undertake all reasonable enquiries to ensure the correct address of a debtor, this can be as simple as a credit file search. The Claimant failed to carry out such basic checks. Subsequently all letters prior too and including ,The Pre action Protocol Letter of Claim dated 7 January 2020 and the claimform dated 14th February 2020 were all served to a previous address which I moved out of in 2018. 9.   The claimant failed to comply with the additional directions ordered by District Judge Davis on the 2nd February 2024 'The Claim shall be automatically struck out at 4pm on 3 April 2024 unless the Claimant delivers to the Court and to the Defendant the following documents.' None were received by the court nor the defendant by that date. re: 13 & 15...they dont need to produce the deed, thats a private b2b document only the judge can demand sight of. i would remove 13 totally as within their WS they have produced the Notice Of Assignment. and delete it from 15 a few ideas. dx  
    • Underp04 (I think it was him) put up the statement IDR used in court from some supposed expert mr edge. can you find it? It stated 10 years was the statute barred limit but also that the laws were very confusing. very much worth digging out!
    • You'll be fine don't worry.  
    • Thank you I cannot sleep. CRS is the company 
    • They wont take you to court. I'm not sure what they'll do about the letters and if they will or wont send you the letters from their retail prevention company, but you can ignore those letters. You'll be just fine don't worry.
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    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like

clydesdale bank


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I am a newbie here and i would just like to say what a great web site this is. I have been charged by the clydesdale bank for about the past 4 years (my hubby is in Uni) the final straw came yesterday when a cheque i wrote was returned to my child care provider as i had insufficant funds in my account, thing was cheque was dated 17th it was returned on the 18th i was always under the impression it took several days to clear in a bank, it allways did when i put money in! Anyway i was charged £35 and £22 irregular borrowing fee and because they sent me a computerised letter at the end of the month i will be then charged another £20, it driving me mad so i have taken the first step i have written to the bank and included my £10 (just hope they dont bounce it)to get my statements to find out how much i have charged over the past few years, a fair few bob i would think. i will keep reading all the faq untill i see what they send. this web site is a great service, the banks have been ripping everyone off for to long, i will be passing on all i have learnt to my hubbys mates (all poor students) who not doubt will be very interested in it.thanks alot jen

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Welcome aboard Jen - glad to see you.

 

You've clearly read the FAQs and seem to know what the score is - don't forget to keep us updated!

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Welcome!

 

Be prepared for a long & drawn out battle against the Clydesdale (beginning even with getting hold of your list of Charges).

 

There are a few of us in the same boat, I've put together a rough step-by-step guide to how I would approach the Clydesdale if I were to do it again, it's on my thread here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=3995

 

Probably worth having a read through that & if there's anything you thing I can help with please ask!

 

Good luck

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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I also mailed letters directly to my local branch.

 

Visited the cash machine tonight and found that Clydesdale have refunded what I asked for (only £160 tbh). In total in took two and a half weeks from my first contacting them.

 

I used the first two default letters from here: http://www.bankcharges.info/ . Clydesdale didn't provide the statements I had lost because they were apparently "not stored in a 'relevant filing system' as defined by the Data protection act 1998" so I'll have to decide whether the possible charges I could claim back from the statements they'll charge me for will be worth it...

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DO NOT PAY FOR STATEMENTS

 

They are fobbing you off - they MUST provide the information you have requested. Please take a look HERE

 

Other banks are trying the same thing- it's designed entirely to put you off. Don't let it :D

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Get the Information Commissioner involved - As soon as they tell you that they're not willing to provide information prior to July 2005 (this seems to be happening to all Clydesdale Bank customers), phone the ICO, speak to someone on their Data Protection Act helpline & file a complaint against the Clydesdale.

 

You're not alone on this one!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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update ,just got letter back from my branch saying they will provide me with copies of my bank statments covering the last 6 years (i only asked for 5 but im not complaining), so i have had no problem so far with that, they wont provide any data relating to manual intervention as according to them this is data i am not entitled to recieve under a data subject access request. dont see that as too big a problem as far as i am concerened they havent got any manual data as they have not had to do anything, a stupid computer has just printed stuff off and charged me lots. so i will let you all know when i recieve my statments highlighter at ready. thanks jen:)

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Nice one, good luck!

** I AM NOT A LAWYER, PLEASE CONSULT A QUALIFIED PROFESSIONAL IF YOU ARE IN ANY DOUBT **

 

I have successfully claimed against: "MBNA, Capital One, Bank of Scotland & Clydesdale Bank"

 

The Consumer Action Group is a Self-Help website, Moderators & Site Helpers offer advice on a voluntary basis. Please spend time reading the FAQ's, and other cases relating to your bank before starting your own claim

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  • 3 months later...

I had the same problem. I went to my branch in question and they said that statements were £5 each. I challenged the employee and she said that she was only quoting company policy. I sent off a letter and have been waiting for two weeks on a reply.

09/10/06:Halifax claims opened with prelims

claim 1 = 1392.38

claim 2 = 1437.74

claim 3 = 1480.76

claim 4 = 0185.32

Changed tactics.

1 claim of £4600 submitted - will travel to england to go to court if required.

 

27/10/06: LBA sent

01/11/06: Recieved an offer of £764

05/11/06: Refusal of offer sent

11.11.06: MCOL submitted

13.11.06: MCOL issued

16.11.06: MCOL aknowledged

17.11.06: recieved withdrawal of offer letter - too late, it's already with court!

27.11.06: recieved written confirmation from Northampton County Court. Still no correspondance from Halifax. They have until 15/12/06 to respond.

O1/12/06: Settled in full, including interest.

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  • 1 month later...

Sent prem letter on 30 oct with stickers from cag and lo and behold i got a reply from clydesdale bank on 8th nov stating they will furnish details to me within 40 days.However they stated that under DPA that they don't have to furnish me with data relating to manual intervention on my account.Do i need this info to proceed with my claim?Remember to send your £10 and i also sent it 1st class recorded delivery

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Sent request for for statements with template letter along with £10 by 1st class recorded delivery(with cag sticker on envelope) on 30th oct. on 8th nov got reply stating clydesdale bank will furnish details within 40 days.However they said that under the DPA they do not have to furnish me withdata relating tomanual intervention on my account.Do i need this info to proceed with my claim? Remember to stick to the advice on this website:-)

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  • 12 years later...

This topic was closed on 10 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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