More info. I was instructed by my solicitor to not follow up any paperwork sent directly to me by the bank, as this contravenes their own financial services authority rules. guess what appeared in the post yeasterday? A rather friendly looking 'questionnaire', with a lovely section entitled 'sign here'. Ahem. Essentially they want me to explain to their 'follow up department' (Called 'Customer Engagement'), what my grievance is, why I think I was missold PPI, provide all documentation, my 'recollection' of the meeting, etc etc. I have forwarded this to the solicitor as they have yet to receive a copy. Typical Clydesdale bank behaviour. Still looking to someone else on the forum to give any other feedback on their experiences reclaiming PPI from Clydesdale bank. Has anyone done this yet (or from Yorkshire bank - same thing)???

Actually a 'noted' solicitors. Last time (because of the amount I was claiming for bank charges) it took aaaaaaaaaaagggggggeeeeeeeeesssssssss to create the paperwork, and I was quite annoyed with the whole banks attitude to my efforts (which paid out tho'). The company 'is' charging a fee, but it is capped (I confirmed this, and believe me, it is a small fraction of the potential win which matters more to me right now for several reasons). I am happy (and far too busy as my career now does not allow me the satisfaction of time to do this myself) that the total fee is worth the effort being made by the solicitors.

I have begun proceedings against Clydesdale Bank for Mis-selling PPI to myself and my wife when we took out a 'sizeable' loan back in 2005. I am using a third party to do this for me, that is not important at this point. What is interesting is the chain of events. 6th November, sent letter to third party - with printed copy of statement of loan amount remaining as held by cludesdale bank. 10th November, letter sent from third party to Clydesdale bank. 13th November, letters received (dated 10th November - ahem!) from Clydesdale bank, and Marlin Financial services. The letters state that Clydesdale bank transferred management of the loan to Marlin, September 18th! No letters or warnings of this occurence prior to this was received by myself. I did thankfully print out my loan balance as of 6th november showing Clydesdale were still handling my loan. I logged in today (16th November) and lo! the balance is zero. Also, Marlin state that they have 'deducted' the remaining insurance payment owed against the loan (you pay mostly the insurance first from each month, with a smaller amount going toward the loan proper). Ok, Point 1. I can catagorically prove (actually, I did by sending the printout to the third party) the account was being managed by CB when they state it was not! Point 2. Similar to when I claimed back my bank charges, do Clydesdale bank now follow a set pattern of letters and offers with regard to PPI? if so, is 'passing the buck' to a company such as Marlin (who 'graciously' deduct a tiny amount of the sum being claimed) now part of their tactic? Point 3. is / has anyone else pursued PPI misselling against Clydesdale bank? Is this the correct thread, or should this be moved (admin?) redirected to a specific thread for this topic? Regards, arthur.

Can the moderator please move this to the 'won' section? thanks. Arthur

:) WON!!! settled in full out of court (offer made one week before the court hearing). I received a phone call from a very nice and helpfull person in legal services, Glasgow. (to any CB and YB trawlers, Nicola was the person) who offered to pay up on receipt of a tomlin. I explained that I would not sign until money was in my account. I was then promised a bankers draft posted to the local Yorkshire Bank (they are the 'same' as Clydesdale anyway). A cheque arrived instead! I trusted the integrity of Nicola, and depositied the cheque (which was due to clear the day *after* the hearing, hmmmmm). It cleared. so, about 6 months later, and I got everything I asked for (Including interest). I shall head over to the donations section later tomorrow when the shock has worn off (and my hangover has kicked in!). Thanks to ALL who assisted. I wish you every success with your claims. Arthur071169 (please move this to the WON section)

Well, I received another offer, a 'bit' more than the previous (less than the very basic amount applied to my account) sum. It is still around 33% less than my claim. I will therefore be 'politely' declining. Oncve again I was asked to sign a tomlin, (Litigant in person, cannot sign, etc etc) In all honesty, when I get my money, I would be paying off my overdraft with the bank, so they would end up getting the 33% back anyway. I wonder if I should suggest this in a letter? Anyway, A VERY MERRY XMAS.. to all on this list. Regards, Arthur.

and me...

Hi there Caro.. long time no chat. Ok, a quick response to the questions.. 1. Am I right in thinking that you have not heard from the Court on this? I have heard from northampton, but not the court as yet. 2. When did you get judgment by default and what steps have been taken to enforce it. Judgement by 14th November. I did not request a baliff, as that is a bit rude (as least the wife reccommended that it would be best to give the bank a 'chance' to respond.) I do not want the judge to think I am an unreasonable individual. I appreciate these things take time to process. 3. Has Judgment been set aside? The request was made, but I have not heard if it has been set aside. I am sending my letter tomorrow pointing out (yet again) the errors in the defence from CB (they claim I have £xxxx in charges against my account (and they have offered to pay this amount, plus court costs) ... The sum is actually considerably more, so I once again will not accept. I also will indicate I am not allowed to sign the Tomlin order as a litigant in person. Also the defence 'witness' has 2 names and 2 different job titles according to the signed defence. (they should just pay up as their defence is turning into a joke... So many inaccuracies that if the judge is half as aware of them as I am, he will find the CB's documentation to be insulting, and a waste of time). 4. Were the court papers served to Clydesdale in the end, and if not do the court know about this? They were indeed served.. Their 'internal' processes 'misdirected' the document as there was no record of my account on the papers.. Unfortunaltely the first part of the claim has my account number listed! The claim also has my name and address/postcode so they have zero chance of that being accepted as valid. 5. You seem to forget Arthur that no-one has been before the judge to discuss bank charges. I don't mind if it does get that far. The defence is so poorly constructed and with so many inaccuracies that it would have failed GCSE level... Let alone a formal document to be addressed in a court of law.

Just wondering if anyone has any feedback on my earlier question. The bank has asked for judgement to be set aside. I got judgement by default. The defence letter arrived on my doorstep on fri, and I have formulated a reply to send to the court. regards, Arthur.

As an aside, the book you see advertised (small claims procedure: a practical guide) is actually quite good. My wife manages small claims for a solicitors (handy!) and even she reckons it is a good 'basic' guide. Especially usefull is the description of the AQ (aquisition questionaire) even tho the book version is out of date, the AQ has been simplified somewhat. Even less to fill in.

Apologies for the typos, still quite fizzing after the letter I received this evening. I am appauled that even with a judgement (by default) that the bank is attempting to delay this any further. Judgement was made on the 14th November for goodness sake! I am also quite shocked by the shoddy internal systems that on one day (23rd nov) offer the initial settlement , and then send a letter the next day (24th nov) say they are having difficulty in progressing my claim as they have insufficient information. This is where the money goes when they charge you a fee for a 'non intervention' action. (IE the computer says you are overdrawn, set a flag!). I still 100% believe that my claim - based on the fact that the charges are a 'guesstimate' applied across the board, irrespective of individual circumstances - is not only just, but Blooming well obviously correct. If they want to bring to court a structured breakdown of the costings alocated to customers who go over the agreed limit (ie can you PROVE that £1 overdrawn warrants the same 'irregular fee' (they even use the word FEE for god sake) as someone £40 overdrawn. I am sure that a lot of people will like to see a printed copy of the banks charging structure..

A quick update on developments (quite a few). Firstly, after receiving my claim back in the post as 'undeliverable' even though there was a compliments slip from the branch in question atached.. I managed to claim by default (after 14 days). I have had a lot of 'fairly' mature corrospondence with the usual names (Neil Mckirdy, and Kirstie Ross). In a nutshel, I have had a prelim offer from Mr M of £9xx.xx. I declined. I have now had an offer of £1848. (the 'charges levied to my account and the £120 court costs). The bank also asked me to sign a Tomlin order (which as a litigant in person, I am legally not allowed to do!). Here is the main text from the letter.. "Our defence made it clear to the court that firstly, the charges have been levied in accordance with the terms and conditions of the account which you accepted when you opened the account. Secondly, that the charges have been levied as a result of your failure to adhere to the limits in place on your account and are therefore for the service provided by the bank in extending facilities to you. Thirdly, that the charges levied are a genuine pre-estimate of the cost incurred by the bank given the time and resources that are required to deal with such actions by customers. The charges are for the service the bank has provided to you in extending facilities to you. Your assertion that the charges are a penalty and therefore unenforceable is misconceived: the law of penalties is only an issue in relation to breach of contract. You have not breached your contract with the bank as the terms and conditions provide for the event that you exceed your limit on your account" Now, The whole crux of my claim is that the structure under which the bank charges customers is disproportionate to the 'costs' incurred by the bank based on the customers actions. Firstly the statement that they make "...the charges levied are a genuine pre-estimate of the costs incurred by the bank given the time and resourcesthat are required..." is the basis for my (and everyones) claim. The bank cannot charge £25 for an automated computer system to flag an 'over the limit' setting. Nor can they charge £35 for *not* quthorizing a cheque when there are insufficient funds as all they did was 'refuse' to do anything... Then the fee is incurred by the customer. As I *today* received a £25 'irregular fee' charge (even though the OFT stipulated that £12 would be a 'fair' sum - IE not what the banks are currently still charging me.. what would be the best actual defence when I stand before the judge? If the judge decides to give the bank an extension (remember they were too late in replying to the MCOL as they 'could not find my account details, and said I had not passe dthat, or the breakdown of charges to them.. I had to 3 different branches, and a total of 6 times!!) I would like to know the correct wording for my claim.. I understand that I am claiming against 'unfair charges levied against my account based upon my handling of said account'. Given that I have now had 2 offers of payment, but still short of the full sum requested, and that I am quite prepared to progress this matter to its end... I would likek a bit of feedback from others who have 'been up before the judge'. Looking forward to hearing from you all. Arthur071169.

I also would like to know what the CB uses. Incidentally, has anyone also found out if the register has had any default notices added/removed based upon any wins here? How do you check this out, and ensure that the MCOL takes into account the initial request to have any default notices removed? I got a reply to my MCOL today - "cannot locate account, please provide sort code/branch address" even though I wrote to the bank branch in question and provided a repeat list of my initial breadown of charges... with account number and sort code. Will post a reply to the MCOL people 1st thing on monday. Arthur . PS Sory for the partial thread hi-jack.

The sum I obtained was based on Vampiress's spreadsheet, and I diligently put in each amount, and date for the sum that was taken each month. I did not do it on just the 'sum total' but 8% 'over the period', if that makes any sense. Anyway, the 8% figure is quite sizeable!!! (and a decent amount of the actual sum taken in the first place).. I am sure whoever is representing me will spot any flaws and point these out on my behalf?

just noticed, I am 1 day early with my MCOL... But!!!! there was no mail this morning, (and the submission seems to take 24 hours to action anyway MCOL wise). Not my fault if (for example) the post arrives tomorrow with a letter from the bank. They had 2 weeks to deal with my LBA and I did not receive a satisfactory response. As of midnight it is 14 days so they have missed the deadline. Quite scary, this taking your bank to court. BUT!!!! I am not that scared that I will not progress this as I feel I have had quite enough of their vamparic ways with my account.

Well, MCOL sent 5 minutes ago. DO I now need to post anything to the bank? (like the particulars *now showing* the 8% added extra claim as I have proceeded with the MCOL). I have used a branch in England as I had to provide an english address for the defendant. I live in England, so I am ok, but I aould not use my Aberdeen Branch as an address. Poor branch in London (whom I have alreayd sent a full collection of all my previous corrospondence to) will now probably be saying 'what the f**k?'. £120 spent. I listed the claim as 'penalty' (by date) and total amount of penalties. I then claimed 8% on the cumilative penalties. I then also listed the banks monthly interest charged to my account (by date) and total amount of interest as a penalty. I then claimed 8% on the cumilative interest charged. I hope this is the correct thing to do, a bit late now if it is not.. Now I start to worry!

Did you send the original letters with the info they say you omitted? Did you send a breakdown of the charges? If you did, then just send your branch (and I would cc in Neil McKirdy - customer relations) a letter ststing that any deadlines you have given them (14 days etc for LBA) still stands and enclose a photocopy of the original request you started the whole 'request for payment' issue with. It is a delaying tactic. Ignore it and remind them of their 14 day right to reply, therefore adhering to the legal requirements before you post a MCOL.

Well, assuming you did provide this information, send faxes of the original letters, and even better if you sent the letters recorded delivery. If this is all correct and you can/want to fax them, I would just write a nice letter, send it recorded delivery stating that your claim etc. will be progressing as normal and that you thank them for their continued corrospondence. Also say that you have filed their recent letter with all the others you have received, in anticipation of further communications with the bank. Be polite, the judge will like this and it makes you look professional.

In anticipation of having to MCOL. I shall use the figures from the spreadsheet. I shall fill in the MCOL 'standard' template. Where and how do I then proceed, I understand I would have to make payment to the court (?) in advance of any action... Where do I send the MCOL to, do I need to send original copies of correspondence also, or photocopies... Regards, Arthur,

and now I start to mention a branch in england as a reference (MCOL via that one instead of my Aberdeen Branch!). See what you all think of this one... " Mr Arthur William Gill and Mrs Lynne Celeste Gill [Address Removed] FAO Neil McKirdy Customer Relations Manager Clydesdale Bank 16th October 2006 ACCOUNT NUMBER: XXXXXXXX Dear Sir, Thank you for your letter dated 12th October 2006. Your letter states that “as requested, I have re-opened your complaint and a further review is being undertaken’ In your letter to me dated 3rd October 2006, you state “If we do not receive a response from you within eight weeks of the date of this letter, your complaint will be considered closed.” Firstly, I did not write to you stating that this complaint was dealt with to my satisfaction, and secondly a period of eight weeks has not passed. Might I point out that you are not adhering to your own internal complaints procedures if you have had to ‘re-open’ my complaint. Might I also point out to you that my letter to yourselves, dated 10th October stated “I require repayment in full of this money and removal of any default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.” This 14 day period is still valid and I therefore have replied to yourself with urgency, in the hope that my request is dealt with within the specified time. I have sent a copy of this letter as a courtesy to my branch manager in Aberdeen and also I have sent a copy of all communications to the Clydesdale Bank branch in Gressham Street, London. This is in anticipation of any future correspondence that may occur. I am a resident of England and any further communication that I make after the 14 day period, I shall make with reference to a branch in England. Yours faithfully, Mr Arthur William Gill, & Mrs Lynne Celeste Gill.

Well, I got a letter from Neil McKirdy again... They have 'reopened' my complaint (I did not close it, and was given 28 days before they were going to! - I shall point that out to him!) and will respond 'shortly' "and in any event within 28 days". I shall write a nice letter to him, and post it here for you to read.

Well, when I do my MCOL I shall be sending my claim to the branch in central london (I however live in england). My *actual* branch is in scotland, so this could be an interesting one.. I as fairly sure as I live down south I can instigate my claim from down here...

Re the analysis of this defence, if there can be established a 'standard' offence that we can use as our starting point when (if) court action occurs, it would be *very* usefull if it could be posted to us all. Especially if the case falls in favour of one of us. I am aware that 'perhaps' the board is being trawled by a bank rep so this could become a problem, ... we do not want them prepping prior to a case especially if we have a full hand of winning cards to deal in the court. If even ONE claim has been won, does this not set precedent *if* future claims are consistent and against the same banking rules and guidlines that they claim are not being broken? Arthur071169

I sent the LBA to my scottish branch. If and when I get a carcastic response, then I will send all corrospondence with the info that I intent to take this to court to... The branch I saw when I was in London on sunday! I am giving my 'local' branch a chance, when that (will) fails I will issue *in* England to an *English* office.

Quick question now I have sent this (and I am prepared to follow this through).. I live in England, they (the money grabbing so and so's) and my account are in Scotland.. Would I fill in a money claim form online, or do I have to fill in a seperate form from the CAG document library - if so, which one.?? Also, (once again) the spredsheet looks 100% correct on the simple interest calculation, but the 8% one looks odd. Is vampiress out there?????? Thanks for any assistance... Arthur, slowly getting there.