SR7133 v Clydesdale Bank - Pre-June 2005

[SR7133]

Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification.

 

I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to provide details of charges prior to June 2005.

 

The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs.

 

A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this.

 

I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness.

 

Does anyone see any problems with this course of action?

[Robertxc]

Attended the Preliminary Hearing this morning and the Clydedale Bank was represented. They are lodging a defence within 14 days which I presume will be the same as they have done in other threads. However they introduced another defence motion along the lines that this current claim was identical (other than the dates) to one which had been raised previously. I cannot recall the legal terminology but I should get that with the defence notification.

 

I agreed that everything was the same except for the dates but that this action was raised because the Clydesdale Bank refused initially to provide details of charges prior to June 2005.

 

The defence solicitor was unaware of how the first action had been disposed of so I enlightened the Sheriff that the Bank had paid the charges + interest + court costs.

 

A date for a Full Hearing was set for 16th January 2007 but before I finished I advised the Sheriff that I intended to call a member of the Clydesdale Bank Management as a witness and he had no objections to this.

 

I actually intend to write to Mr Glenn King, General Manager, Operations and to request that he attends on a voluntary basis as a witness, to provide details of the Bank's policiy and procedures on charging customers. If there is an issue with him attending voluntarily then I will cite him officially as a witness.

 

Does anyone see any problems with this course of action?

I don't see any problems with it. I also said I was going to call a witness from Clydesdale, and the sheriff said that would be fine, so long as it isn't the Chief Executive.

[caro]

Well done SR. This is excellent. I can't wait to hear Mr Kings response.

[SR7133]

That's the letter off to Mr King , Cydesdale Bank's General Manager, Operations outlining my case and advising him that I intend to use him as a witness in my claim. He can either appear voluntarily or I will have him cited him as a witness. If he cannot make it on the day of the Hearing I have advised him that I will ask for an adjournent to a date when he is able to appear.

 

I await his response!

[Robertxc]

Or you could just cite him, and if he fails to appear, ask for an arrest warrant!

[Bigmac versus]

lol, this is getting interesting.

[SR7133]

Received a letter offering the full amount of charges but no court costs or expenses & had to respond by 24th November if I wished to accept. I didn't , so I then received their defence - just the usual which has been mentioned here previously - conditions etc etc. Funnily enough no response from Mr King but I have now written to them rejecting their offer and will wait & see what happens.

 

A bit disappointed really as I was looking forward to a better defence and a response from Mr King.

[caro]

What happened then SR?