Perseverance v's Clydesdale

[Perseverance]

Hi folks

 

Just registered and have been having a read through various posts but would like a few points clarified if possible:

 

1. In Scotland can you only claim for the previous 5 years as opposed to 6 in England?

 

2. You can only claim up to £750 through the small claims court in Scotland - does this mean you have to submit several claims if the amount you are claiming exceeds this?

 

3. I have seen an 8% APR rate used to calculate the interest owed - is this the figure I should use?

 

Any help would be greatly appreciated

 

Thanks

[caro]

Hello and welcome.

 

Take a look at the FAQ's where you will find most of your questions answered. There is a lot of information to take on board so it is recommended that you spend 2 or 3 days reading up. There is also a dedicated Scotland forum, which will probably help you too.

 

Good luck

[Perseverance]

Thanks

 

Will keep reading!

[JMio]

1. In Scotland can you only claim for the previous 5 years as opposed to 6 in England?

 

Officially, yes - but there are a few on here (one of which, ME!) that are trying to go back for further. My claim against BOS is due to be heard on the 20th July so watch this space.

 

2. You can only claim up to £750 through the small claims court in Scotland - does this mean you have to submit several claims if the amount you are claiming exceeds this?

 

Yes, that's correct

 

3. I have seen an 8% APR rate used to calculate the interest owed - is this the figure I should use?

 

Not yet - the 8% interest only comes into play if the case gets as far as Court. Don't mention / think too much about this bit until you are at the stage of raising a Court Claim, then at that point you are able to re-claim the interest on top of any charges that have been taken.

[Perseverance]

Thanks JMio, much appreciated

 

I have continued reading and came across another type of court action in Scotland (summary action?) where you can claim between £750 and £1500. Right now I have just sold my property and have enough on my plate but plan to send the DP request ASAP and then start my fight when I don't have as much on my plate. I'm not sure that my claim will exceed £750 but I wouldn't be surprised!

 

I'm not buying another property so will get much satisfaction if the CB decide to close my account for me just as a healthy sum gets deposited in it!

[alftupper]

Maybe someone a little bit more knowledgable than myself can pass comment - but does a summary action not take you you out of the small claims track and potentially open you up to possible costs (yours and the banks) if you lose!

[JMio]

I think so...

 

Personally, my view was that for all the hassle it is to fill in a few Claims court forms for each amount of

 

Once you've completed one Small Claim's form, you'll see there's nothing to it.

 

(Bit of advice - fill it in online, and copy the contents from each question box into notepad, & use this as a template for each future Claim's form - it'll save you hours of typing!)

[Perseverance]

Thanks for the advice.I have yet to send my DPA request as I am still in the process of selling/moving and everything else that this entails.I also am holding off opening another bank account until I receive my sale proceeds. The new account I want requires my salary to be paid into it and I don't want any hassle from the CB (like them cancelling my overdraft) until I can afford it!I shall post my progress on this link.Thanks again

[JMio]

Fair do's! Good luck

[Perseverance]

Time to get the ball rolling! DP request letter has been typed and will be sent recorded delivery tomorrow (once I blow the dust off my cheque book!). I have been reading all the relevant info but I have missed/forgotten the answer to this - I realise that the 5 year limit applies and want to utilise the full period. When I write my initial letter to the bank do I claim from the date of my letter? i.e letter may be dated 20/7/06 so my claim is for charges between 20/7/01 - 20/7/06. Will the court will accept these dates although it will have exceeded the 5 yr period if it goes to trial? Apologies as this will be already have been stated elsewhere but my brain tends to push some knowledge out one ear every time I learn something new ;o) Many thanks

[JMio]

I've used 5 years from the date of my 1st (the Preliminary Letter).

 

Stick in there & good luck

[Perseverance]

Thanks JMio, My DP letter has just been posted recorded delivery. I shall definitely have to live up to my name if my previous experience of the Clydesdale is anything to go by. They don't even make banking with them easy so I can just imagine what it's going to be like trying to claim money back from them. And, as I posted to manolo this morning, I fully expect and I am prepared to "Fight the good fight, finish the course and keep the faith!"

[JMio]

I can't decide about them yet, whether they'll come out all guns blazing & try to be as awkard as possible (as they have done since I was unfortunate to bank with them) --or-- cough up with a whimper and crawl back into their hole like the snivelling bullies they are...

 

Either way, it'll be sooooooo sweet to get the charges back, however it shalt be done!

[caro]

If Clydesdale follow Yorkshires example they will not give in with a whimper. They seem to be taking it right to the wire in a few cases, so I wouldn't expect them to roll over too easily. Still, the interest keeps mounting while they try and scare people off, so its not all bad.

[Perseverance]

I am considering opening a parachute account. I have searched through various posts regarding "default" but can't see an answer to this - can the bank still default me if they close my account and I don't owe them anything? If so, if they give me 30 days notice of closure, do they put the default on my credit file immediately (i.e before the end of the 30 day period)? Any help would be appreciated - forewarned is forearmed as they say!

[barracad]

You can't get a default if you don't owe any money.

[Perseverance]

Thanks, that's put my mind at rest. As Churchill once said- The Clydesdale Bank can do their worst, and we shall do our best!

[JMio]

I was due to start Court Action against them for me Credit Card account this week... But, due to my mate smashing his collar bone whilst falling off the Alps on a Mountain Bike at the weekend, my funds have been somewhat diminished after he forgot his insurance details & I had to bail him out and pay his medical expenses...

 

Going to have to prolong my delight (sounds like an advert for Durex) for a wee while longer.

[Perseverance]

'falling off the Alps' - I take it your pal wasn't near the top or he would have more than a smashed collar bone to worry about ;o)

[JMio]

It was about half way down - 2500mtrs!

 

He's a lucky boy, ah tell thee

[Perseverance]

Morning folks. DP cheque was cashed yesterday (10/7) but this morning the Royal Mail still cannot confirm delivery date despite it geing posted on 6/7 - all those in favour of privitisation say 'Aye!' ;o) And to those nice people at the CB whom I'm sure are reading this - if you want to gain some 'satisfaction' from delaying my request until day 40 the that's fine by me. As you will know from my previous posts, I'm currently in the process of moving and am therefore extremely busy at the moment; mid-August would be just about perfect for me to unpack my highlighter. P.S. I couldn't by any chance leave my new address details here? My previous experience of communicating with yourselves would indicate that you would probably take more notice if posted on BAG. Regards, Perseverance

[Perseverance]

Post Office are still unable to confirm that my letter has been delivered. I shall have to treat date of receipt as cheque cashed date (10/7). All future correspondence will be sent 'Special Delivery' as I won't have included a cheque as proof. Here's a thought - could you get somebody to write a cheque to you for £1 and include it in your letter with a pay-in slip - when this is lodged in your account it would provide proof that the bank had received your complaint letter - just a thought - hmmmm.

[Perseverance]

Application for parachute account with A&L accepted. Yes, I know the irony of it but I want the charges I claim back from the CB to earn 10% interest for a year.

[caro]

Tread very carefully with A&L as they are very clever at getting charges out of people, and being unclear about what is in your account. I didn't stay with them for the full year of my interest free overdraft because I couldn't afford the charges.

[Perseverance]

Thanks for the advice - hopefully my finances will be in better shape than in years gone by and I won't require the overdraft. I will keep an eye on them though - it should be easy as long as I keep my balance in credit.......