AC2007 v Clydesdale Bank

[Bigmac versus]

Correct

Unfair Terms in Consumer Contracts Regulations is not of any consequence to the basis of your claim so keep going.

[AC2007]

So I should continue with a LBA on the business accounts and let the personal accounts rest until after the test case. As I am claiming more than 6 years on the business accounts should I mention the Prescription and Limitation (Scotland) Act 1973, now or is this something that they will bring up in the defense?

[Bigmac versus]

They will mention this but until then keep quiet.

[AC2007]

When would you advise to contact a lawyer because I won't be able to represent myself because of the amounts?

[AC2007]

UPDATE 03/12/07

LBA posted to CB for 2 business accounts giving 14 days to pay up in full.

Personal account, I will just have to wait for the test case like eveyone else.

[Bigmac versus]

Have you considered the FOS for this?

[AC2007]

Does the FOS not just get involvced for the last 6 years?

[Bigmac versus]

They have not said they wouldnt go further than 6 years and I know some peeps have had more I suppose its what the banks response to them is but a call to clarify their position on this matter would be wise.

[AC2007]

Just looking for some clarity for this and my other thread about BOS before sending off 4 LBA's:

 

On the personal accounts, get the LBA in to them regardless of length of time I am going back, without interest and then I will have to wait on the outcome of the test case. ( I will have to send them an ammended Prelim Letter)

 

On the business accounts, get the LBA into them again regardless of length of time I am going back, without interest and then contact the FOS after 14 days. ( I will have to send them an ammended Prelim Letter)

 

 

Nearly there.:grin:

 

Then ker-ching:p

[AC2007]

UPDATE 04/12/07

 

LBA & Ameded Prelim letter sent with no mention of interest, if I haven't heard from them by 18/12/07 I will inform the FSO.

 

LETTER BEFORE ACTION

 

Dear Sir or Madam,

 

 

Sort Code xxxxxx Account # xxxxxxxx

Sort Code xxxxxx Account # xxxxxxxx

 

 

I am somewhat bewildered by your letter of 26th November stating that I was seeking to reclaim charges on the above accounts relying on as you state:

 

Section 4 of the Unfair Contracts Terms Act 1977 (“UCTA”)

Para 8 and schedule 2(i)(e) of the Unfair Terms in Consumer Contract Regulations 1999 (“the regulations”); and

Section 15 of the Supply of Goods and Services Act 182 (“SGSA”)

 

I never mentioned any legislation so can only put it down to assumption on your part.

 

I understand that the regime of fees which you have applied to my business accounts in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated the account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £11,459.00 as detailed in the full schedule which was sent to you with my previous letter. Amended copy enclosed.

 

 

I require repayment of this money. If you do not return it to me in full within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.

 

Yours faithfully,

AC2007

[AC2007]

UPDATE 14/12/07 BUSINESS ACCOUNTS

 

 

 

 

Just received a bog standard letter from those lovely people at CB:p which starts:

 

Dear AC2007

 

We refer to your correspondence dated 7th December (it was dated the 3rd) 2007. We BELIEVE (don’t they KNOW) that your complaint concerns the level, fairness or lawfulness of the charges. If it concerns something else……BLAH,BLAH,BLAH and then goes on to mention the test case.

 

 

Do these people not actually read letters; they know it is business accounts I am claiming on and that they are not affected by the test case as I noted in my letter.

 

As this was my LBA should I just go directly to the FSO without going back to the bank?

 

 

 

 

 

So who is alll excited about Santa coming?

[AC2007]

UPDATE 19/12/07

 

Letter sent to FOS.

 

 

 

 

Dear Sir or Madam,

 

I would like to register a complaint against Clydesdale Bank regarding bank charges on two business accounts that I have held with them.

 

I first became aware that the charges which had been applied to my business accounts in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law back in February 2007 and wrote to the bank requesting copies of statements for both accounts.

I have enclosed a copy of the paper trail of communication since.

 

Item 1

26/03/07: Letter received from bank acknowledging my request.

 

Item 2

17/04/07: Letter received from bank requesting my patience in the matter as they are unable to meet their obligations under the Data Protection Act 1998.

 

Item 3

10/07/07: Letter to bank expressing my disappointment that they had still not fulfilled their obligation.

 

Item 4

11/07/07: Letter received from bank again asking for patience as the can still not fulfill their obligations even though it is now over 130 days since I first contacted them.

 

By this time I had lost patience with the bank to ever get me copies of the statements so I managed to trawl through old accounts boxes in storage and retrieve the statements that I was looking for and calculated the charges which I had been charges and wrote to the bank asking for the amounts to be refunded.

 

Item 5

12/07/07: Letter to bank requesting repayment of charges (this letter included a personal account and interest which I now realise I should not have included)

 

Item 6

17/07/07: Letter received from bank asking for more time to investigate.

 

Item 7

19/07/07: Letter to bank allowing them until 14th August to conclude investigation.

 

Item 8

02/07/07: Letter from bank advising me of the upcoming test case by the OFT and that all complaints were being put on hold until after the case.

 

I was later made aware that as the test case was concerning UCTA, UTCCR and SGSA and that business accounts were not covered by the test case I then wrote back to the bank.

 

Item 9

14/11/07: Letter to bank again requesting repayment of charges for both business accounts (again I realise that interest should not have been added).

 

Item 10

16/11/07: Letter received from bank dismissing claim as they assume I am claiming under consumer law.

 

Item 11

03/12/07: Letter to bank confirming I am not claiming under consumer law and again requesting repayment of charges. (Amended preliminary letter enclosed).

 

Item 12

03/12/07: Amended preliminary letter.

 

Item 13

07/12/07: Letter received from the bank again advising of the test case.

 

I am now asking for your help in resolving this issue as it has now been going on for over 10 months and I believe that the bank are not even reading my letters properly and are just replying with standard computerised letters in the hope that I will just go away.

If you need any further information I can be contacted on XXXX XXX XXXX and I look forward to your assistance in resolving this matter.

 

 

 

 

 

 

Yours faithfully,

AC2007

 

 

I await their reply.

[Bigmac versus]

Good luck although I feel the FOS wont be able to help you with this, hope im wrong though.

[AC2007]

Good luck although I feel the FOS wont be able to help you with this, hope im wrong though.

What makes you say that?

I was under the impression that business accounts were not included in the test case.

[Bigmac versus]

Well B.A's arent relying on UTCCR however that dosent stop courts applying sists or stays. The FOS may take the view that a charge is a charge on business or personal because they wont get involved in the legal aspects of a case, I know the test case is not relating to business accounts however will the FOS see it like that, I really do hope they do get involved. The test case is getting nearer now so hopefully everyone can have some closure on these charges.

[AC2007]

UPDATE 14/01/08

 

Letter received from FOS:)

 

Dear AC,

 

Acknowledgement

 

Thank you for your correspondence, which has been received safely.

 

We are currently receiving very high volumes of enquiries and we will provide you with a full response as soon as we can.

 

If you need to contact us in the meantime, please quote reference number ********

 

 

 

Now it is just a waiting game.

[Bigmac versus]

Should you need any advice on this part im your man, been waiting for quite some time now.

[AC2007]

Are you at the same stage for a business account?

How long have you been waiting?

[AC2007]

UPDATE 19/01/08

Letter received from FOS as follows;

18 January 2008

 

Dear AC2007

Your complaint about Clydesdale Bank Plc

Thank you for your recent enquiry about your complaint. I have enclosed a leaflet which explains how we can help to resolve complaints.

I have also enclosed our complaint form which I have filled in as far as I could from the information you have provided. Please check this, amend it if necessary and add any missing information, then sign and return it to me along with any supporting documentation. We will then be in a position to take the appropriate action with your complaint.

I am returning any papers you may have sent us, as they may be useful when you are completing the form, but please let me have them back when the completed complaint form is returned.

Please return these documents promptly. If you do not do so you may lose your right to complain.

I will take no further action until I hear from you again. Yours sincerely

 

 

Finally getting somewhere unlike my response from the FOS regarding Bank of Scotland

 

AC2007 v BOS

[AC2007]

UPDATE 07/02/08

 

Today I received an acknowledgement from the FOS that they have received all my paperwork and my completed complaints form.

Getting closer I hope.

[caro]

Well at least something's happening by the sounds of it. Keep us posted.

[AC2007]

UPDATE 24/04/08

 

I received the following letter this morning before the High Court announcement.

 

 

 

 

 

21 April 2008

 

Dear AC2007

 

Your complaint about Clydesdale Bank Plc

 

We are writing to you with regard to your complaint about unauthorised overdraft charges to update you about recent developments.

 

You will recall from our previous correspondence that because the Office of Fair Trading commenced legal action against the banks in July 2007, we felt it inappropriate to progress your complaint until the underlying legal issues were resolved.

 

More recently, the Financial Services Authority (FSA) undertook a review of the waiver it had provided to the banks concerning unauthorised overdraft charges complaints handling. At that time, the FSA decided that banks and building societies should, after all, continue to deal with complaints about default charges on business accounts.

 

The bank has therefore reviewed your complaint. Whilst it does not accept that its charges are unlawful or unfair, it has told us that it would prefer to settle your complaint as an alternative to our formal investigation. It accepts no liability, but nonetheless says that as a gesture of goodwill it is prepared to refund you with the following sums:

 

 

 

 

A/c No. XXXXXXX £ 305.00

A/cNo. XXXXXXX £3.866.50

Total offer £4.171.50

 

 

 

 

According to the bank, the total offer represents a full refund of all the default charges incurred on your accounts over 5 years and, on this basis we assume you will give it serious consideration.

Whilst it is recognised that the offer is less than your claim, it may be helpful to clarify that monthly charges passed in respect of the transmission of cheques/credits, fees incurred for the provision of a service or arrangement fees in respect of the grant of an overdraft facility, would not ordinarily be considered by this service where these are levied in accordance with the bank's published tariff, or are in line with a subsequent agreement. Additionally, we would normally expect a bank to charge interest for borrowing money.

 

I suspect too that you may consider that the Ombudsman Service should investigate the issue of current account charges in the public interest. However, as you will be aware, the Office of Fair Trading/High Court is presently considering the wider issues that you raise.

Nevertheless, if you would like to accept the bank's offer of settlement, please sign and return the enclosed acceptance form to us by 6 May 2008. Alternatively, if the proposed settlement appears to you to fall short of your claim please let us have specific details of what remains outstanding, together with supporting evidence, by the above date.

 

 

 

I was going to knock them back before the announcement, so what does everyone think my next course of action should be?

 

 

GREAT RESULT TODAY:p :p