skennedy75 v Clydesdale Bank

[skennedy75]

I am about to hand to my branch a letter asking for my last 6 years statements under the DPA.......here goes........any advice will help and I will keep all updated..

[caro]

My advice would be to read read read and make sure that you understand the process that you are starting. Let us know how you get on.

[skennedy75]

They have now cashed the cheque today for £10.

[skennedy75]

Just received a letter dated 23 October saying they will provide me with my statements within 40 days after receipt of the payment which they have taken.

 

They also state "your request for disclosure of data relating to manual intervention on your account is not data which you are intilted to receive under a data subject access request and accordingly no such disclosure will be made."

 

Am I right in saying I do not really need this anyway or should I stil chase this up??

[caro]

Don't bother chasing it, but don't forget it either. It might prove useful to your case later.

[skennedy75]

Statements received today and will be working through them tonight....will keep all informed.

[skennedy75]

Went through my statements last night and for the 6 years have a total in the region of £1100. Will I be as well just claiming the £750 as I live in Scotland and will need to go to the small claims court or go and split them up but wait till the first claim is processed.

[R1Pilot]

I wouldn't advise you split the claim up, otherwise the defence could complain it's on the wrong track and you're wasting court time etc ....suggest reading the other threads in the "scotland" section mate

[skennedy75]

Clydesdale have now received my first preliminary letter for a total of £709.54 for charges plus interest. This dates from 19/10/2000 TO 22/05/2003 so following the reward for these charges I will be submitting another claim from 23/5/03 to present date total of £643.

 

Lets see how I get on looking forward to it.

[skennedy75]

I received a letter from the manager at the local branch giving me the usual fob off stuff. that was received on Saturday 11th Nov. Can anyone give me advice wether to wait the 14 days or just continue with the LBA. The letter from Clydesdale states that if they did not hear from me within 8 weeks they will take the claim as finished or words to that affect.

[theodane]

I received the same sort of letter (TDvYB) and just carried on and sent the LBA letter at the appropriate time then got a letter back to say they had reopened my case. If I don't get my money by next Tuesday I'll be proceeding to court action next. Best advice is from Caro keep reading the posts, the FAQ section but mostly in your case the Scottish sections.

[ladykenco]

Skennnedy, continue with the LBA, you dont have to wait

[skennedy75]

Have made up the LBA and am going to deliver it to the bank on Thursday then wait for their fob off letter if I get one then of to court........

[skennedy75]

Received a letter on Friday saying that they were reopening my case and they will get back to me in 4 weeks oh thanks. Do I need to wait or can I now take them to court??

[zebbydog]

No need to wait,nothing will change if you do

[R1Pilot]

I would strongly advise that you review other cases in the "Scotland" section before you do this - You cannot submit multiple small claims AT THE SAME TIME, either bring one case to a complete conclusion before starting another case, or go to summary cuase with the entire amount. People have had cases struck out because the bank complains they have been filed on the wrong track. You are therefore deemed to be abusing the system, wasting their time and the courts time etc. I do wish you luck and hope you get everything you're due, but for your own sake you must go about it the correct way - please do your research.

[skennedy75]

I was only going to court with the first half of my claim. I was just wanting to know if I need to wait on their response or just go ahead with the claim.

[R1Pilot]

Ah ok, I would suggest as long as you've stuck to the timetables suggested in the process on this site, I'd just keep going with it ....I'm in the same situation with these muppets - got a letter from them this morning saying .....sorry to hear our complaints procedure isn't good enough for you (they promised to reply shortly, and in any case, in due course !!!!) and we would advise you to complain to the ombudsman, but we are aware that's not appropriate either, as you're taking us to court !! ....why bother sending me the letter then !! ...lol

[skennedy75]

Was about to go to court on Thursday/Friday when I got a letter saying that they still agree with their original letter and they have given me a £255.57 cheque as full and final settlement and encashment will mean I accept.

 

I want to send a letter saying thanks but no thanks. Any advice and also could I take the cheque as part payment.

 

Any help would be much appreciated.

[caro]

Thanks but no thanks is fine. You can't accept it as part payment unless they agree to that first, so I'd be inclined to rip it up and send it back.

[skennedy75]

What about ignoring it and going to court with the (prepared) papers today??? any thoughts

[Piggy bank]

If you haven't filed your claim with the courts yet, you can safely ignore the letter for now and just file the small claim with the sheriff. (personally I would consider a summary cause if your total amount is below the £1500).

 

You can always write them a quick note after you've filed the papers to tell them that you reject their offer and that you've filed a case.

 

I wouldn't cash the cheque - don't complicate things. Just be patient, and your full settlement will arrive...

[skennedy75]

I visited the court yesterday and lodged that papers. I will be replying to the letter now saying sorry but I have lodged papers and will not be taking the cheque from them as full and final settlement.

 

I intend waiting untill I have a date for the first amount in for £511 + interest then asking for the rest.

 

Would this be the best way forward or should I wait for the case to be heard before asking for the remainder?

[skennedy75]

I have now received a court date for my case 29th January. Due to the time for prelim letter and also lba should I now start the second approach for the remainder of the money???

[caro]

Leave it until you've won, but if you asked for the full amount in the first place, you can go straight to LBA when the time comes.