Can i continue with my claim?

[Kinzy]

A little of what i had done previous to the court case.

I asked for all my bank details for last 6 years under the data protection act,althugh these took over 100 days to arrive, before they arrived i wrote a letter to clydesdale bank from a template on here asking for all my charges to be refunded,By this time the court case was about to happen and in the last letter back from clydesdale bank it told me all claims were put on hold until after the case,well we know how long that went on,after the case i heard nothing back from them, It works out with interest i am due back over £4000 if successful, what step d i take now and can i still do this? I have just had £105 of charges on my accounts this week and no doubt will have more because of this it is getting hard to clear things when these charges keep pulling me back,hpefully someone can help.

Best regards john:(

[Kinzy]

I,m guessing i have no case now:confused:

[Kinzy]

does anyone use this forum any more? does anyone have links to somewhere else to receive some help?

thanks john

[caro]

Hi John

 

Sorry your thread was overlooked.

 

The situation at the moment is that after 2 appeals, the banks managed to win the case against the OFT, but the supreme court judge suggested that there may still be scope for claims. The OFT decided not to pursue this and have given up.

 

To date, no-one has won a bank charges claim since the test case, but there are cases going through the courts, including some high profile ones involving Govan Law Centre, one of which is against Clydesdale.

 

My advice would be to hang fire claiming for now, but watch out for future developments.

 

If I were you I'd ditch YB and open a new basic account with another bank, or a building society (not Nationwide) and get everything transferred to that account.

 

Of course you'd still have an OD and would need to decide how you will sort that account out in future, but at least you can tell them that you dispute the amount that you owe due to charges etc, which in theory means that they should take no action against you.

[BeleagueredSinner]

Can I just pick up on that last point, please? I have a situation whereby my overdraft with YB at the point in time they closed the account was in excess of £3,000, but the vast majority of this comprised charges over the previous 6-year term. I tried to claim this value back vii the courts and settle the difference, but after the hearing this now looks a non-option.

 

Meanwhile, the YB and it's solicitors are chasing me hard for the entire £3k+ sum. Can I tell them that a good proportion is still contested and discuss the differential with them; if so, on what basis? Thanks in advance of any wise words

[BeleagueredSinner]

Any chance of any feedback on this one? I am being hassled. What a surprise, eh?

[caro]

Hi sinner.

 

As things stand at the moment, the chances of getting the charges back are, at best, remote.

 

I think it is certainly worth looking at negotiating some kind of full and final settlement with them. Is it YB's in-house sols chasing you and is it all in writing?

[Red smartie]

Hi

 

I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges.

 

I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

[caro]

Hi

 

I am going to court against the Clydesdale Bank later this month for bank charges which were added after I had notified the CB that I was not working and also provided them with confirmation from the CAB debt center that I was not working. However, they ignored my letter and kept adding charges.

 

I am now also claiming charges back on the basis of them being unfair under the terms in consumer contracts regulations 1999 Reg 5 not 6. Like yourself I owed only 7 but now have a "debt" of over 1500. Can let you know how I get on at court and also what defense they offer if that would help you in any way to create your case,

 

That's very interesting. Look forward to hearing what happens.

[Red smartie]

Hi

 

I have now been to court. The Clydesdale bank sent a barrister who served me with papers asking for a stike out 15 mins before the trial. When I complained to the barrister about the late delivery of papers I was told that they had emailed me a copy of the paper (only my bank has never had my email address so this was not possible).

 

I am going to scan in the documents and upload the barrister's defence so that anyone going to court knows in advance the cases that the barristers will use to stop the case from going ahead - it is pages long.

 

As I pointed out to the Judge I needed more time to check the cases used by the barrister as I have no legal background so need the internet. This was not possible and the case was dismissed. The barrister's objection to the courtcase proceeding arrived at my house four days after the case and was post dated after the case - they will play nasty.

 

Afterwards the Judge recomended that I complain to the Office of the Banking Ombudsman as many of my charges contravene the banking code and the Office of the Banking Ombudsman can offer compensation. I am in the process of pursuing this avenue but today received a letter from the CB demanding that all charges are paid immediately.

[caro]

It would be very helpful if you could scan all the documents so we can try and work out the reason for the judges decision. I'm surprised the judge didn't allow an adjournment.

 

Do you know the name of the barrister?

[citizenB]

Alternatively, convert them into a pdf format and upload that