george mcm vs Clydesdale bank

[caro]

I would love to be a fly on the wall when they get that George given that they offer to settle quite a few claims without statutory interest. In their opinion the courts won't pay interest because we were in breach. Good luck with that one.

[caro]

You will probably find that they don't go themselves but send a local person. Sorry I can't remember the terminology for Scotland.

[caro]

I think I rather like the Scottish system in some ways. I know you can't claim as much, but at least you get a court date quickly as I understand it. Maybe I should be advising people to claim from Clydesdale in Scotland after all.

Oh God I'm feeling all melancholy now.:-|

 

Sorry for that little wallow in self pity George. Good luck with the contractual interest especially. I may well try that in round 2.

[caro]

Thank you George. I feel much better for getting that off my chest. You are quite right of course. At least when I get my money it will be a decent amount, while in Scotland I'd have to go through this 6 times.

 

Perhaps a letter to your SMP to question the limit might be in order or whichever body is responsible for the courts in Scotland. A clear case of the Scots not having equal access to their judicial rights compared to the rest of the UK. Surely under the EU we should all have equal rights.

[caro]

PMSL I should think £750 was a massive amount in 1707. It was just a thought, as every other country in the EU seems to have to comply with whatever edicts emanate from there. Apart from the monetary system and other minor things like that.

[caro]

Hunt out mollyhannahs thread on the YB/CB forum. Some answers there. Gotta go now as lunch break long over. Check back later.

[caro]

It's not thoroughly tried and tested which is why it's not been put in the library yet, but will be interesting to see what happens.

[caro]

I'm not sure on the contractual interest issue, or what is the done thing in Scotland, but I would just stick to the charges in your court claim in case Clydesdale try and make out later that all charges have been dealt with, not just the ones in this court claim.

 

Sorry I can't help further, and this is just my opinion, not based on anything in particular.

[caro]

8% is the statutory interest rate normally awarded by the court, but contractual interest is the rate that the bank would charge you, not just a random figure that you think is fair. There are quite a few threads about contractual interest if you are interested Piggy Bank.

[caro]

Fair enough Piggy, although that wasn't clear to me from your earlier post. I personally did not distinguish between a claim for 8% interest and S69 interest which is currently 8%. If you're planning on claiming contractual interest I would have thought that the current rates published on the banks website would be appropriate, because as you say it would be difficult to calculate otherwise. Obviously you must do what is right for you.

 

Sorry for the hijack George.

[caro]

I see that YB paid Mollyhannah back over 6 years without too much trouble, although she accepted it without interest.

[caro]

Good offer George but I don't understand how their minds work either. They'll pay my court costs but not the interest. Although that is Yorkshire, not strictly Clydesdale, but Clydesdale legal bods. You can never predict what they'll do.

 

And yes George it is the principle. I understand why people are settling for less than full claims, but it doesn't help the rest of us who hold out, and those claiming in the future. I find it quite frustrating.

[caro]

For 39.00 when you are getting contractual interest I think that's reasonable. I was forgetting the costs are lower but the interest rate more than makes up for it. How many times are you going to have to do this George?

[caro]

Only another 5 years and you've cracked it then! PMSL

But hold on, by then it will be so much more interest it will probably be another 5 years.

[caro]

I'm sure they would. I think Robertxc has said you don't need to send another prelim, just an LBA. Presumably it's because you already told them the total amount you will be claiming so can go straight to LBA. That saves a bit of time.

[caro]

Let us know which day George.

[caro]

Sorry if I appear thick George, but the way I read this is that you told them the settlement was for that claim only, and they then paid you, which implies to me that they have accepted your amendment to the terms. Your original claim will have shown dates of the charges, which differ from the dates of your second claim.

 

I'm not familiar with the Scottish legal system, (or the English one much either really), but I can't see why you think you'll have a problem. I know the CB tricks with this, but from what I am reading I think you covered your back, unless you get an unsympathetic judge, in which case you appeal.

[caro]

PM box full I'm afraid George. Have you still got my CAG email address?

[caro]

There's always the chatroom. We can speak privately there. I'll go in and wait for you.

[caro]

email me George caro@consumeractiongroup.co.uk

[caro]

I'll be thinking of you Bigmac.

[caro]

Get a good nights sleep tonight then ready for tomorrow. Go get 'em!

[caro]

Don't be too hard on yourself Bigmac. Don't forget that just cashing the cheque is enough to settle the claim in their eyes, so it wouldn't have made any difference. You couldn't have known they would come up with this, and all you can do is your best. You are very capable, you've been to court before, the agents don't seem to be given much information, and you know your arguments. Go in with a confident positive attitude and show them that you will be taken seriously. They have charged you extortionate amounts of fees, unlawfully, and then tried to dupe you into accepting less than has been taken from your account. You accepted the payment in full and final settlement of that claim, but your schedule was very clear that it only covered the charges shown. It would have been foolhardy to risk a large claim, leaving yourself open to costs against a multi-national business.

 

Also remember, you are a litigant in person, and cannot be expected to understand the finer points of the legal system, and genuinely believe that your claim is fully justified. Ask for clarification of anything you don't fully understand, especially if they try to get it struck out. Obviously don't argue, but as long as you come across as a rational person with, in your eyes at least, a legitimate claim, the judge should make sure you understand it all. Go on Bigmac. If anyone can do it you can.

[caro]

Oh George I'm so sorry. This is completely unfair on you, and I really don't understand how under European laws the Scots can only claim such a small amount in small claims.

 

Will wait for more details.

[caro]

This is surely not something that the usual Clydesdale legal team has come up with! It does indeed seem unequivocal, but unjust in the small claims court when Joe Public is simply fighting for his rights as he sees them. It's not something you can respond to as a litigant in person in a couple of weeks or so.

 

Did you get the impression that the judge had any sympathy at all fo your case? I assume you have no indication of what the costs might be at this stage.