george mcm vs Clydesdale bank

[Thailand]

Great stuff george, look forward to reading it.

[caro]

Let us know which day George.

[Bigmac versus]

Yes Caro I will do

[~*Cash Crisis*~]

Any news on this George? I hope I haven't missed the story in the paper!

[Bigmac versus]

Sorry being xmas time been really busy but story went in Tuesday there headlined CARELESS BANKERS wasnt exactly correct as said had statements sent out when it was actually someones BANKBOOK, never mind Clydesdale bank said it was a clerical error and i received a letter from them with a GOODWILL GESTURE for £75, yet to be credited to my account mind you, when i get it im donating it to kids charity CHAS.

[Bigmac versus]

Another update got my cheque from Clydesdale only yesterday for first court claim obviously without liability and purely for commercial reasons they decided to settle before court, lmao do they think we really believe all this goodwill gesture statements. Fire in 2nd claim start of year, although im unsure if to send another lba first, ponder that one over the hols.

[Bigmac versus]

Okay giving them a fresh LBA with a new balance including contractual interest as its the season of goodwill and all, lol. More curious what their response will be regarding the balance after they have settled one claim, lets see.

[davg]

Hi george, congratulations on winning your 1st claim, well done mate. Computer been knacked so been missing in action for a while. I'm a wee bit behind as i misplaced the hard disk with all my stuff on it. Took the papers in on thursday so here's hoping. Cheers davg

[Bigmac versus]

Hi davg good to hear from you, lots have changed especially the contractual interest claim now, makes a big difference to the claim.

glad to see your moving along with your claim.

[Bigmac versus]

Sent them a new lba with updated schedule of charges including contractual interest at 29.25%, havent had any response from them so back to court we go, thinking of summery route this time though, will have a look on this before deciding.

[Bigmac versus]

Summary cause will be filed at court Wed 17/01/07, spoke to clydesdale customer relations on phone today as hadnt had response from them for fresh LBA, they now say as your 1st claim was involving legal dept they will not get involved again, i replied by saying i found their approach to this extremely unproffesional but very rewarding for me due to interest being accumulated and finished by saying your deliberate stalling and obstructive behaviour will be your downfall, have a nice day and check your post for my next summons.

[davg]

Good for you George, your an old hand at this now. Hope they settle up with me soon as I've got 5 more claims to do albeit with different banks, going to get them started at same time though. Keep in touch, Davg.

[Bigmac versus]

Know the feeling davg, i can see it getting to court with every claim against the Clydesdale, read a few posts with other banks and i can honestly say this bunch are the worst there is for paying up in my opinion.

[claimitall]

George

 

Been reading your posts with interest. maybe you or others have a definative answer to this one. I also claimed CB and went through first letter then LBA and got usual fob off.

 

I then put in small claim for 490 plus int of 120 and 39 costs. I then got a letter and cheque from Neil McKirdy for 550. The letter was dated 1 week before the claim went in but i received it 1 week after the claim. Suspicious huh.

 

letter stated encashment of cheque was full and final settlement. I wrote back saying i would accept the cheque as part payment and that as a small claim had been raised then i would expect the balance to be paid.

I did cash the cheque following my letter.

 

I received a further letter saying that as i had cashed the cheque then i had accepted their terms and that I had effectively barred any further action in court.

 

I decided to test this at the hearing as they had decided to defend. They brought in local solicitor and their defence was usual charges are fair and representative of cost etc and also stated that I was barred from proceeding as i had accepted and cashed cheque.

 

The sheriff did appear to agree with this view and strongly suggested i take legal advice before appearing at the continuation in a couple of weeks.

 

What is the view as i have seen numerous different points relating to this in the threads over the last few months. I am quite prepared to test both the unfair charges defence and the full and final settlement defence statements in court if you people out there think it is worth getting involved.

[Bigmac versus]

Really unsure of how this would be looked on by a judge however what i would say is that if you sent letter saying this was as partial payment and they knew this then why did they clear the cheque? They done this so they could take the route they have taken, i would suggest posting a new thread on this question only so as you can get other views on this.

[Bigmac versus]

Ok my summary cause was returned to me by court for serving and i have had Stirling Park serve this last week, however i think i may have BIG probs as i feel the CB are going to use my 1st claim settlement to have me barred from future claims although i dont know this yet i expect it to be the case for the reason im about to say.

 

My first small claims was for £734 which was filed in December, my return hearing was marked up for the 29th Jan.

 

Approx 2 weeks after filing i received a letter from CB which opened up by saying 'IN REFERENCE TO THE ABOVE SUMMONS' blah blah blah we offer £734 to avoid disproportionate court costs (maybe they know how we feel now about your charges) and to accept this sign the form and send it back which said (you guessed it) full and final offer of your claim against the bank.

I wrote on that form in bold ink "this claim only" and also attached a letter to this which basically said we would accept this and please note this will not stop any further claims being made.

Roughly two weeks later i received a cheque for that amount and it was cashed.

Last week i received a letter from the courts in regards to the small claims which had been settled with all the paperwork saying that the summons had been settled and we look forward to hearing from you if this is the case?

 

As i said earlier i have not had a response from the CB regarding my Summery cause but i am prepaired for the worst and hope by putting this story in that others learn from it.

[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.

[Bigmac versus]

Thanks Caro i have a question i wish to ask you in regards to payments offered which are over the limitation act but wish to keep this off the thread as this has not yet been paid but i can accept, this is another bank. Can i pm you it is really a yes no answer promise.

[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.

[Bigmac versus]

Oh no, sheet Caro didnt get this last night, really sorry about this, if you can shout me at your convenience, again sorry.

[caro]

email me George caro@consumeractiongroup.co.uk

[Bigmac versus]

Ok email has been sent Caro.

[maroondevo52]

Hi, George.

 

Do you have a return date for your first Summary Cause ?

 

Regards.

 

Scott.

[Bigmac versus]

Yes Scott its the 29th Feb, not long.