Shumba v Clydesdale Bank

[Shumba]

Hi All,

 

Well here goes. I have started my reclaim by sending my request for statements on the 26th March. the £10 cheque has been cashed by the bank and I am waiting for the hard work to begin.

Having read threads on this site until my eyes hurt, I have come to realise that this bank is probably the most difficult to deal with in the uk, notwithstanding the difficulties we seem to have in Scotland anyway. Fortunately, one word that has been used to describe me on occasion is stubborn, and with the help of CAG folk I feel ready for the challenge.

 

Will keep you all posted, and thanks to all for the great threads to date, which have been a great help and inspiration.

 

Shumba ;-)

[zootscoot]

Welcome to the forum Shumba!

 

Best of luck with your claim

[Shumba]

Thanks for the wishes zootscoot.

 

Although I am waiting for my statements, I do have many of the originals and have been going through them. My letter requested the last five years statements, but having read many threads here, it seems that even in Scotland we can claim 6 years back. Could someone please confirm this for me. I have all of my statements for the previous year anyway.

 

Also, if it is for 6 years, when I send my first l letter with a request and schedule of charges do I go back exactly six years from the date of the letter?

[Shumba]

Received a reply to my SAR yesterday, confirming receipt of £10 and stating that they have 40 days from the date of paying in the fee in which to comply. So they have already added 10 days to my timetable:rolleyes: .

 

No mention of a delay (YET). I am in the process of compiling a list of charges over the last 6 years from the statements I have and will fill in the blanks when the others arrive.

[sajabu2003]

They have 40 days from when they received your S.A.R not 40 days from the date of payment. I can't believe they actually think they can get away with that statement Oh and good luck with your claim. Not that you'll need it

 

Sarah.

[Bigmac versus]

Hi Shumba and you already know all about the CB so you know what to expect, i used the start date for my claim based on when they received the SAR as it said in there i would be wanting any charges found in my statements returned as they were......well you know the rest, hope this helps.

[Shumba]

Cheers Bigmac,

I sent the SAR regular mail on the 26th to Leeds by ordinary mail. The Cheque was cashed on the 5th April, however I think I'll give them from the 28th March as this allows 2 days for delivery.

 

From the statements I have so far, I estimate in the region of 5-6k over 6 years. Having read your thread regarding multiple claims etc....(excellent help btw) I think my I have two options after there final word. Either FOS or claiming via my sisters address in England. I would appreciate any advice either way from you folks, as my spreadsheet template and correspondence address will have to be adjusted accordingly.

 

Cheers,

 

Shumba

[sickotheclydesdalebank]

Hi Shumba,

 

I'm just starting to take on the Clydesdale and I got a letter saying they are going to take longer than 40 days to provide this info. Did you get this as well?

 

How are you getting on with your claim so far, i'm a bit worried as the Clydesdale seem to be the bad boys!

[moss]

They try to make themselves look scary, but ask yourself this, can big shot international PLC's change the Law to suit themselves ? NO. you can guarantee they have looked at every angle of this by now and the best they can do is to look scary and delay you as much as possible in the hope you will give up. So keep it simple, stick to the plan and eventually the only option they will have left is to pay up

 

If you start your own thread on this forum you will get all the help and advice you need and while you are waiting for your statements, read as much as you can starting with the FAQ's

 

Welcome aboard, Moss

[PitmanTheBRAIN]

Hi Shumba,

 

I'm just starting to take on the Clydesdale and I got a letter saying they are going to take longer than 40 days to provide this info. Did you get this as well?

 

How are you getting on with your claim so far, i'm a bit worried as the Clydesdale seem to be the bad boys!

i got a letter also explaining that they will not be able to provide my charges within the 40day limit, so i sent them my letter before action giving them 7 days to comply! i also was told by my local branch (aberdeen) - Scotland, that my print off of charges are being dealt with in the leeds branch? so i called them, found the number on the contacts forum, they advised me that it will be at least onother 3 weeks before i recieve my charges through the post? do i just go ahead with the court action, even if they still cant provide any evidence of the charges yet?? xx

[Shumba]

so i called them, found the number on the contacts forum, they advised me that it will be at least onother 3 weeks before i recieve my charges through the post? do i just go ahead with the court action, even if they still cant provide any evidence of the charges yet?? xx

 

Hi Caroline,

 

Have sent you a PM

 

Shumba

[Shumba]

Hi folks,

Just a couple of questions.

 

• With regards to the spreadsheets. I am adding the interest applied by the bank on the month after any month that I was overdrawn. If this is correct, do I just amend the prelim letter accordingly and say the total amount including interest applied by the bank is £xx? Or do I put that interest on a separate sheet and include that with my schedule and keep the template letter as it is?

• I am seriously considering using my sisters address or a mail box address in England for my claim. If so do I use the English spreadsheet and what is the difference between the two?

Shumba

[kimbers100]

Hi Shumba

 

Think we are up to the same stage again.

 

I have wrote my prelim but am stuck.

 

I didnt think we added interest at this point. Am I mistaken?

 

And, is a schedule just a list of the dates and charges you want back?

 

Thanks

 

Kimbers

[moss]

That's right you don't add the interest until you raise a claim at court. The schedule is a list of charges, dates and amounts that you are claiming

[PitmanTheBRAIN]

Hi Shumba

 

Think we are up to the same stage again.

 

I have wrote my prelim but am stuck.

 

I didnt think we added interest at this point. Am I mistaken?

 

And, is a schedule just a list of the dates and charges you want back?

 

Thanks

 

Kimbers

hey guys, somehow i cannot open that spread sheet?? can someone copy and paste it to me?? is it the right one i should be using for the scottsh branches? are the interests different?? x

[Shumba]

Hi Shumba

 

Think we are up to the same stage again.

 

I have wrote my prelim but am stuck.

 

I didnt think we added interest at this point. Am I mistaken?

 

And, is a schedule just a list of the dates and charges you want back?

 

Thanks

 

Kimbers

 

Hi Kimbers,

 

Yes, a schedule is the list of dates and Charges. With regards to the interest, I am not including the 8% until the court stages. However, I thought that we were to include interest debited from our account that was debited against an overdrawn balance. I would be grateful if one of the Mods or site helpers could comment on this.

[PitmanTheBRAIN]

Hi Kimbers,

 

Yes, a schedule is the list of dates and Charges. With regards to the interest, I am not including the 8% until the court stages. However, I thought that we were to include interest debited from our account that was debited against an overdrawn balance. I would be grateful if one of the Mods or site helpers could comment on this.

thats what most of mine are like!! its all to do with my stupid overdraft!! was payed off years ago now! (thank god) i hope i calculate all my charges proppery.. thats if i recieve them that is!! still waiting!! 50days now passed since the DPA letter!! BUGGERZ!!!

[moss]

Sorry that's right, you claim the 8% interest when you raise a claim at court but if you are also claiming the portion of overdraft interest debited against an overdrawn balance you should add this at the prelim stage.

[Shumba]

Cheers Moss,

Thats what I thought. On any month where I was overdrawn without a facility, I was charged interest the following month, on the same date as being charged a Service Charge. This service charge was only charged if I had been overdrawn the previous month, so I am claiming those as well, on the basis of reading some of the other threads. Thanks for your help. The more, the better.

 

Shumba

[PitmanTheBRAIN]

Sorry that's right, you claim the 8% interest when you raise a claim at court but if you are also claiming the portion of overdraft interest debited against an overdrawn balance you should add this at the prelim stage.

PERFECT! HOPEFULLY MORE MONEY THAN I WAS THINKING THEN HEHE X

 

Do they send you the interest charges through the post aswell, ive got some originals?? i cant belive the length im waiting for these charges to be sent to me!! sooo frustraited!! x

[debt_mountain]

Shumba

 

Looks like you are doing well at the moment. You can estimate the figures now and send the prelim. Them when the statements come just modify your LBA.

 

I would phone them agin and threaten using the ICO if you do not get the statemetns on time. Then send a letter to the ICO on day 40 and copy the bank. Its the old "the squeeky wheel gets oiled" keep on at them and bug them rotten.

 

I would not limit it to the 6 years I would go for everything you can.

 

My claim has styed in the small claims and it is for £7500 and I have previously had a £10 k for BOS and £10k and £7k for Nationwide both small claims.

[Shumba]

Cheers DM,

 

I will probably send them prelim in the next week or so as I am only missing half a dozen statements,so they shouldn't affect claim. If they do, I'll just amend it in my LBA. Will keep you posted.

[Shumba]

Having located all but 4 of my statements, I sent my preliminary letter yesterday by recorded delivery. I will amend the amount if necessay once the statements arrive.

 

Shumba

[Shumba]

Hi All

 

I received a letter from the bank yesterday stating that they had received my letter and would be investigating. Their 14 days expires next week, and I will be sending my LBA then. MY total in charges before interest is over the 5k mark which presents another dilemna, i.e after filing, it may be allocated to fast track, where I understand I can be liable for costs if I lose. I could cut it to just below the 5k mark, but having read other threads have realised that this doesn't guarantee small claims allocation. Then again, fast track could force disclosure by the bank.

 

So I am unsure of which way to go. Would like to decide soon so that I can prepare ahead, so any advice would be very welcome:)

 

Shumba

[Shumba]

Just off the phone to the financial ombudsman. Expecting complaint form within the next couple of days. I have decided to go down this route as it is just far too difficult claiming more than £1500 in Scotland, even more so with the Clydesdale. My prelim letter was greeted with usual T&Cs guff and arefusal of refund. I sent my LBA on 1st June and have had no reply, so once I have filled in complaint, will leave it to FO.Unfortunately will miss out on interest, but will be happy to get charges. Will keep you all informed what happens , as may be of help to those in Scotland.