TD v YB ***WON***

[theodane]

Well I've gone and done it. Sent the data access letter recorded delivery on the 2nd the £10 cheque went through the account on the 4th.

[theodane]

Received this letter today from Network Support YB Glasgow

 

We refer to your recent letter requesting information held by the Bank under the terms of the Data Protection Act and note that you have paid the £10 fee. We confirm that we shall be able to provide you with copies of your bank statements from September 2000 under the right of access under the Data Protection Act 1998. Within the terms of the act we have 40 days in which to provide you with the information we hold. With regard to your request for information relating to manual intervention on your account, there is no specific mention of manual intervention within the Data Protection Act and as such we are under no statutory obligation to record or provide this information. We will forward the information to you as soon as possible, should you require any further assistance please contact your branch.

[theodane]

Thanks to you all for taking the trouble to reply. Since I posted the letter I see on another thread that this seems to be the standard reply now. Don't know what the manual intervention paragraph is about but again on another thread someone says YB are wrong on this but not to worry.

[theodane]

Bank statements have arrived this morning - that was quick. So highlighter pen at the ready this weekend. Am I correct in thinking that I can only reclaim when I have a penalty for going over od limit and not for monthly interest and charges please? Also I'm not good at spreadsheets (showing my age) so which is the easiest to use please? Could someone point me in the right direction. Thanks.

[theodane]

Sent off letter today asking for my charges of £505.00 back.

[theodane]

Update - Letter received today from Manager S****horpe Branch but not on headed paper just the Customer Relations Glasgow bank address typed on. Basically quoting standard terms and conditions and enclosing a copy of their "Addressing your complaint" leaflet. Also stating that if they don't hear back from me within 8 weeks they will consider my complaint closed. Final paragraph states that if I go straight to court action they reserve the right to counterclaim. LBA letter typed ready to post just changed the first line to " disappointed that you have failed to respond positively to my letter of 26th October 2006".

[theodane]

Been passed over to Neil McKirdy and received a letter telling me he has reopened my complaint and a further review is being taken. He apologises for the delay but hopes to respond to my complain shortly and in any event in due course. He assures me that every effort is being made to bring my complaint to a satisfactory conclusion.

 

Poor man must be very tired of all these complaints he hadn't the strength to sign the letter himself!

 

I think they will take this to the wire with me as I changed accounts to A&L but told them I would close the YB account myself. I received a phone call from YB to say they had a letter from A&L to close my account so would I send back my switch cards and any unused cheques. They did send me an sae probably thought I'd add the postage costs on to my claim!!

[theodane]

MSE site has a new 8% interest calculator it can be found under the debt free wannabee section (sorry can't link)

[theodane]

Received the following letter plus cheque for 50% of claim and Ombudsman leaflet from Neil McKirdy. Gist as follows:-

 

The Bank's position remains as outlined in our letter of 26.10.06.

 

Responsibility to maintain account in credit or within agreed o/d limit is solely yours. Your spending habits have taken you overdrawn/over agreed o/d limit resulting in the Bank incurring costs which are passed on to you.

 

The bank charges debited reflect the operation of the account. Our charges are documented within our tariffs and a copy would have been provided when account opened and updated inserts from time to time.

 

Further, even if you were successful in your arguments the Bank would have a claim against you for damages suffered as a result of your breach of contract in failing to adhere to the terms and conditions of the account. Such a claim would incur court costs and interest for which you would be held liable.

 

However, the Bank would like to resolve this matter without the disproportionate expense of a court action. Cheque is tendered without admission of liability and is in full and final settlement of your claim and your encashment of it will be taken as your acceptance of this.

 

Please note that as this letter is written in an attempt to resolve this matter without the need for court action it is without prejudice to the Bank's whole rights and pleas and may not be founded on in any action to follow without the Bank's written consent.

 

Then bit about Ombudsman.

 

So in light of the paragraph about without prejudice am I right in thinking that I should cut the cheque in two and return it to Neil McKirdy? Could anyone please point me in the direction of a letter to say this plus I'll still be taking court action. MCOL will start next week.

 

Finally thanks to all of you who have helped me this far.

[theodane]

Hiya, you don't need to send anything special back.

 

Just address it from where the letter came and write something along the lines of you decline the offer and will be continuing action to reclaim the full amount owed.

Pop the cheque in with the letter (cut in half) and send it back.

Just get a proof of posting so you can prove you sent the offer back and carry on with your claim as outlined on this most helpfull site

 

Thanks I'll do that. I have been sending everything by recorded delivery to the branch. So I'll send the cheque back to Neil McKirdy and MCOL next week to the branch.

[theodane]

I believe they have to put 'Without Prejudice' at the top of the letter, not somewhere in the middle. I would send the cheque back with this letter http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

 

Thanks. That's the letter I was looking for but couldn't find. I have been reading up as much as I can but there is now so much on this site that by the time the next letter arrives from YB I have forgotten where I have seen things!!!!!!

 

I also thought the Without Prejudice had to be at the top of a letter naughty of them to hide this towards the end of the letter.

[theodane]

It is a bit naughty of them, they are trying to frighten you into accepting their offer and trying to make you think that a court claim will be costly.

 

When I first started this it was the court bit that frightened me but after reading about all your experiences it's not as daunting.

[theodane]

Without Prejudice save as to costs is not the same as Without Prejudice. Without Prejudice cannot be shown in court. End of story.

Without Prejudice save as to costs can be shown after the case has been settled and costs are being considered.

 

It's more bullying.

 

Before you accept the cheque as part settlement, just bear in mind that YB attempted to have JulesTools case struck out because he kept the cheque, but as he hadn't banked it the application was rejected. BankFodder advised another person to write and say they are willing to accept the cheque as partial settlement only, but that you should get their agreement to removing the conditions they have imposed. Most banks will accept keeping partial payments, but most banks are not as difficult as Yorkshire/Clydesdale.

 

Have a look at this thread.

http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/33125-huge-claim-need-help-2.html?highlight=bankfodder

 

Thanks Caro. I'd already read that thread which is why I was searching for the correct letter to send the cheque back torn in two rather than trying to get them to remove their conditions.

[theodane]

I want to complete the MCOL form tonight and have downloaded the template but don't have the date the account was opened nor the year it must be at least 20 years ago so what can I enter please? In the template it says that 3. Defendat is aware of all the details as a list of charges has already been supplied. Another copy will be sent. Does this mean that I have to send a letter to YB stating that I have started MCOL and enclose a copy of charges etc.

[theodane]

Just an update, I started my claim October 2006 and got to the 50% settlement stage at which point I sent the cheque back. Then got a letter 16.11.06 to state the banks position remains the same so I wrote back to say I would be taking them to court. Due to family illness and subsequent bereavement I couldn't carry on with this and received a letter from them on 04.01.07 to say banks position remains same as in letter 16.11.06 and apologies for delay in replying. So 27.02.07 did MCOL claim sent to England branch, letter also to England branch with copies of claim and 8% interest and letter to Ms H McGuiness (a new one) telling her that I had issued a MCOL claim to England branch plus copies of claim and 8% interest. Today have received a notice that acknowledgement of service has been filed so they now have 28 days to file a defence. Now this state's the defendant's name as Clydesdale, Legal Services, 40 St Vincent Place, Glasgow signed Kirstie Ann Ross.

 

Sorry this is so long but because of the illness etc. I am way behind with work and a lot of other things and don't have the time to trawl through all your posts so hoped someone would take pity on me and tell me what happens from now. My claim is for £505.00 so not a huge sum. Thanks.

[theodane]

Next update - received this morning their defence so I guess I just have to wait for allocation papers from court. My claim is £505.00 plus 8% interest. Why are YB bothering with all this for such a small claim? My husband thinks I am going about this all wrong as he's heard of people with other banks getting their money back straight away.

[theodane]

Thanks Caro for all your help in the past. I have just read your thread so congratulations on your win. Hope you enjoyed the money.

[theodane]

Update - received notice of transfer of proceedings to my local court but Judge at Northampton court has ordered without hearing that the filing of an allocation questionairre be dispensed with in this case unless the district judge at the court of transfer orders otherwise - is this normal? What happens next please?

[theodane]

Hi TD,

 

It seems this is now the norm from MCOL. Dispensing with the AQ as yours was quite a small claim its quite obvious that it will be on the small claims track. It should hopefully speed things up a little.

 

Is there defence the same standard defence they have een using? Do they still allege that the charges are a genuine pre-estimate of loss?

 

Could you point me to where I can check if their defence is a standard one please?

 

Yes, they still refer to their charges being a genuine pre-estimate of cost resulting from our failure to keep within the agreed overdraft limit on the account

[theodane]

It would be worth writing to them and the court asking for an explanation of this in light of the Whislteblower revelations.

 

Do you mean to ask them why the judge has ordered the filing of the AQ be dispensed with etc. Do I write to my local branch still or Kirsty Ross who filed the defence please?

[theodane]

Received a Notice of Allocation to the small claims track (hearing) from local court. Says the judge has considered the statements of case and allocation questionnaires filed and allocated the claim to the small claims track. What's next please? Do I wait to get a date of hearing and then submit documents?

[theodane]

No it says the hearing of the claim will take place on a date to be fixed at ?????????? court and should take no longer than 1 hour.

[theodane]

Duplicate post

[theodane]

I'm not so bothered about when the case will be heard just that should I be filing any paperwork with them now or waiting until I get a date.

[theodane]

Thanks will wait for date