Perseverance v's Clydesdale

[Perseverance]

Hi folks

 

I haven't posted for a while as I have been v. busy moving etc but have still been popping in for a nosey. It's great to see some familiar names getting their money back and the penny finally dropping @ the CB/YB that they are not above the law.

 

A quick update- I ahave had my statements for the last few weeks and hope to trawl through them at the weekend. My parachute account is up & running so it's time to get the highlighter out!

[caro]

Good to see you back. They are definitely caving, so lets hope that they will be a bit more sensible from now and save themselves a lot of hassle and expense by paying up quicker on future claims.

[Perseverance]

Morning folks

 

I have added up my charges and they come to £1,100 for the previous 5 years. On having a look at the calculation spreadsheets I notice that the first rate of interest is open for you to choose. Are most people using the 8% rate?

 

Thanks

[ozzywizard]

Hiya, only when you get to court stage. Not at the beginning.

good luck .

[Perseverance]

Thanks ozzy

 

I became confused because the spreadsheet shows 2 places to enter interest - the judicial rate you refer to which I know only gets added if it goes to court and another which states - "The first interest rate is for interest on unlawfully deducted items up to the date of service. You can use almost any rate you see fit, or are brave enough to claim, i.e. 2% above base rate, 8%, contractual rate, etc. Obviously you may have to justify the rate you use in court."

 

I don't remember this being mentioned before as I always thought you didn't add interest until the small claims stage and certainly not twice.

 

Any clues?

 

Thanks

[Perseverance]

Well it has been a while, what with one thing and an other but the ball has been rolling (since February!) I decided to go down the FOS route as I have had some experience of them through my job and they are always helpful. Here is a quick update:

 

- I wrote to the bank and recieved the "we want £10" to investigate letter - what a pile of tosh!

- They lost my schedule of charges

- The reply from their Advice Quality Unit was addressed to the wrong house no. (which may explain why their initial reply went missing!)

- Despite 4 letters asking for a final response, I am still waiting after 5 weeks for it.

 

My last letter was to Client Relations (following advice in their complaints leaflet), I called them to check that it had arrived and was told that they couldn't help as it had been sent to the Advice Quality Unit (who have already said they are unwilling to refund).

 

I have had enough of their incompetence and phoned FOS, they said that I did not have to wait for a final response or 8 weeks to have elapsed and they logged my complaint. I have completed their compalint form and written a letter asking them to investigate the lack of final response and the potential breach of privacy.

 

I hope the ombudsman takes as dim a view as I do of the above events.

[Perseverance]

A quick update:

 

FOS returned my complaint a couple of weeks ago as they said that I had to wait 8 weeks - this contradicted the information that I was given by their consumer helpline. Anyway, 8 weeks have well and truly passed and I will post it this afternoon.

 

The only additional correspondence I have had from CB is a letter saying that my complaint has been reopened - that was 3 weeks ago! Eight weeks is more than enough to issue a response and if my experience is indicative of others (which it certainly appears to be) then the FSA/FOS really should be taking this bunch to task about it. If other banks can resolve these complaints then there is no reason that the CB can't.

 

FOS allow eight weeks as some complaints can be extremely complicated and require investigation - my complaint contained all the relevant information and, in my opinion, the CB are deliberately abusing the complaints' process to try and frustrate their customers.

 

I have also received a letter saying that my overdraft is being reviewed. I have never had a letter like this before as the overdraft is standard with the account - a coincidence?, I think not!

[caro]

YB do appear to be reviewing a few claimants overdrafts at the moment. I agree that it probably isn't a co-incidence.

[PitmanTheBRAIN]

Morning folks

 

I have added up my charges and they come to £1,100 for the previous 5 years. On having a look at the calculation spreadsheets I notice that the first rate of interest is open for you to choose. Are most people using the 8% rate?

 

Thanks

on my letter i asked for 6 years of statements?? am i wrong by doing this?? i live in scotland!? is it 5 years?

 

also can someone tell me where to find this spread sheet, an tell me what exactly it is im calculating up from my charges... ive i do eventually get them that is??

[Perseverance]

WON!!!!!!!

 

Cheque for £1,100 received for "full & final settlement"

 

Would a kind Mod please move my thread. Will make my donation once cheque clears!

 

Many thanks to everybody who has helped me.

[sajabu2003]

Congratulations

 

Sarah.

[georgieboy]

Well Done - Enjoy Your Money:)

[PitmanTheBRAIN]

Congratulations!!! i recieved a check from the clydesdale bank solicitors trying to fob me off for £200 (original claim being £1600!!) the FOS Are taking control of my complaint and told me to sent the check back with a letter of complaint, which i done on friday! fingers crossed it all goes well for me to!! xx

[georgieboy]

Good luck Brain - fingers crossed for you:)

[Perseverance]

Thanks, As I've said before, I'm not sure why people are going down the court route first. A couple of letters to the bank and one to FOS should do the trick and you can sit back and relax without the stress of litigation.

[PitmanTheBRAIN]

Wish i settled for the £200 now...

 

ok guys!! i spoke to the FOS about my claim, they told me to send the £200 check back to the bank /solicitor last month which i did, they were going to try and get me the full amount instead!! they have been in touch with the bank and there now refusing to give me any money!!!! so its now in the banks hand to supply the FOS Detailed reasons why they should not be giving me my money back!! this could take up to 6 weeks!!! - if all fails i will take them to court!! i will have all the info i need by then!! its soooo obvious they are in the wrong!!! x x xx

[Perseverance]

Caroline

 

That is the standard FOS response - the bank should agree to pay as a gesture of goodwill - it only took a couple of weeks for me to get my cheque. Good luck!

[PitmanTheBRAIN]

tried that!!

 

i spoke to the FOS about my claim, they told me to send the £200 check back to the bank /solicitor last month which i did, they were going to try and get me the full amount instead!! they have been in touch with the bank and there now refusing to give me any money!!!! so its now in the banks hand to supply the FOS Detailed reasons why they should not be giving me my money back!! this could take up to 6 weeks!!! - if all fails i will take them to court!! i will have all the info i need by then!! its soooo obvious they are in the wrong!!! xxx