JMio v Clydesdale Bank - LBA Sent

[caro]

I've been thinking the exact same thing myself over the last few days. Hopefully though, at the pace things seem to be moving lately, we'll have some good news for this sub-forum - and hopefully, it'll give more people the encouragement needed to tackle this useless bunch of [insert whatever word suits ]

Nothing libellous please.

[trundlecat]

No, no, please let me before he/she gets here:

 

[MODERATED: Please do not post libelous comments on this site]

[caro]

No, no, please let me before he/she gets here:

 

[MODERATED: Please do not post libelous comments on this site]

Is that you posing as a mod Trunny. Now I'm sure that can't be legal. Behave yourself!

Sorry to hijack JMio. A few high spirits here I think.

[trundlecat]

I've been called a lot of things in my time Caro but that's the first time I've ever been implied as being "moderate" lol.

[JMio]

Sorry to hijack JMio. A few high spirits here I think.

 

WhyIAudda.. pesky kids...

 

 

 

 

 

[JMio]

Not that I can see anyone being too interested in this, but...

 

Cheque for half of my charges arrived this morning...

 

Think that'll do me now - after all, they've been 'really nice' about this charges thing haven't they?

 

I mean, they co-operated that much easier when it came to requesting DPA information didn't they? And they were ever so friendly, helpfull & approchable whenever I asked them to help with Overdrafts etc to prevent these pesky charges, weren't they?

 

"NICE TRY CHUMPS - SEE YOU IN COURT FOR THE REST"

[caro]

YOU NAUGHTY BOY RAISING THEIR HOPES LIKE THAT!!!! :D:p

[JMio]

Just as a side note - they've tried the old "This cheque/offer is sent in full & final settlement of your complaint, and your encashment of it will be taken as your acceptance as so"

 

Again, nice try kids.

[jimhl81]

Hi Jmio

 

they put the same on mine and we are still holding on to it until we get a reply as why only half the amount. What are the legalities about cashing the cheque and then going back for more or must it be the full and final settlement.

 

 

 

jimhl81

[JMio]

The Full & Final settlement blarb is (yet) another method of trying to put you/us off. Their charges are unlawful, none of their whinging and wriggling changes that.

 

So they've refunded half, great! But there is nothing to stop us from pursuing the remainder of what was taken unlawfully from us back via the Courts.

[Quixote]

So what's the state of play with this shower now? I'm just about to post of my DPA prior to the LBA! It's the Clydesdale I'm taking on. Any tips most welcome!!! Cheers

S

[turt77]

Any tips?

 

Expect your refund to be paid in lunar credits.

[dan-rides-bikes]

did you cash the 50% cheque ?

[mel5]

Hi JMio

 

Just to clarify when you say the cheque was for half is that half of £750? (Scottish Court). How long after you lodged your claim did you receive the offer?

 

I lodged my first claim recently and am getting a bit impatient.

 

Mel5

 

Clydesdale Bank:

Current Account - £3231.80- First £750 at small claims stage

Credit / Store Cards:

Capital One:

GE Money:

USC: £744.10

Creation Finance:

TSB Visa: £1590.98

New Look:

Black Horse:

[caro]

I think JMio is taking a well earned break at the moment, but I understand that he got back half of his charges, without filing a claim in court, and if you read his thread you will see he was due £1,400 odd. I would not presume to guess his next move.

 

Mel5, I am afraid you will have to learn to be patient because there are several on this forum who have been waiting months for our money back from Clydesdale/Yorkshire, and they are just dragging their heels like sulky 2 year olds who don't want to play. They have picked the wrong people to mess with though because they will win.

 

Any newbies out there with questions, PLEEEEEEASE start your own threads or I will throw my dolly out of my pram.

[JMio]

 

I'm Back!!

 

They sent me a cheque, which was met with a 'thanks but I'm coming for the rest' response.

 

If they think I'm giving up at this stage they want their head's looking at.

 

NOT A CHANCE

 

Check your doormat Clydesdale Bank, your VERY LAST CHANCE to pay up with the full amount has just landed on it.

[Quixote]

Fantastic news!!! Well done! I sent my DPA letter to the Clydesdale a fortnight ago & have'nt had a response yet (they've got until the 26th). Finger's crossed. I reckon they've taken a couple of thousand at least over the last few years. Good to know you managed to force them onto the ropes. Here's hoping they'll just pay up in future & crawl back under their rock to lick their wounds!!!

[Quixote]

I received my letter on Friday confirming that the bank wil provide 'copy statements' for the £10 fee paid!!! With that in mind (and I ain't complaining!!!) I'm just wondering if this backdown can be used against them? I refer to the initial reponse from the banks informing us that copy statements would be provided at a cost of £5 per sheet!? Could'nt this be used as further proof that the banks are acting illegally (or at least immorally!!) if they are being forced by the DPA to provide the same info for a £10 statutory fee? I'm also wondering about the differences between 'legally unenforceable' and 'illegal'. Surely, if any institution or person removes property without the weight of law behind them, and without the knowledge or consent of the party to whom the property belongs (i.e we customers and our money!!!) then that would be a criminal offence....i.e theft!? Just looking for another angle & would be interested to hear other's views.

[arthur071169]

I doubt that this could be used in any litgious maner.

I would be patient and wait till you calculate (Vampiress - I am still being patient.... I literally await a reply from you before commencing with proceedings) what they owe you and go with that.

 

The reason being they could 'claim' that the data you request is in a format not readily available to them (microfiche) and that this would incur an extra cost. This is quite frankly pants... I argued the point and eventually got all the documents sent for £10.

[Quixote]

Yep, they're going to send all required copies to me 'in due course'. The micro-fische angle is (as you say) 'pants' as the DPA considers micro-fische files to be 'part of a relevant filing system'

 

Did'nt really hold out much hope regarding the legal issues, but would'nt it be nice!!??

 

Actually made a mistake & sent of the initial letter asking for repayment before I had the details from the DPA letter. Received the standard reply saying 'sorry you're not happy, now sod off', then sent a second asking for them to further explain their position. I guess those letters would count as 'reasonable correspondance' & I should jsut go ahead with court action as soon as I calculate the amount owed?

[geedels]

Following the wonderful example of JMio I have managed to get a half payment back from the Clydesdale. Cheque arrived for £1510. Haven't banked it, have been sitting on it for a month wondering what to do next... so tempting!

[caro]

If you are following Jmio's example you will be writing and telling Clydesdale that you accept it as part payment and will pursue the rest through the court and sticking to your timetable. The cheque will go in your account.

[mel5]

My situation is a bit different from yours. see below

 

Phoned the Sheriff court on Friday 6th Oct. to see if Clydesdale had offered a defence as I am in Court on Tuesday (10th). Guess what - they had. According to the clerk I spoke to this was the first time a bank had defended. All the other cases that he knew of had gone through without being defended. Talk about luck. He reckons that they are probably going to make mine a test case. Double lucky!!!

 

However when I got home there was a letter from the Clydesdale offering without admitting liability £732.48 in "full and final settlement". Funnily enough the amount is exactly what my first small claim amounted to (excluding interest). A copy was also sent to the court This wasn't mentioned when I phoned. The court may not get their copy till Monday (leaving it a bit late). They also enclosed an acceptance minute which I am to return to them by Monday 9th. But as I am claiming £3410.91 in total (exc interest) I will not be accepting.

 

Do you think this means that they are not intending to turn up on Tuesday?

 

Should I contact the court on Monday.

 

Would appreciate your thoughts.

 

mel5

[Bigmac versus]

IF you are accepting this claim you must inform the court, however if you decide you want the interest that is due and quite rightly so you should contact the bank immediately stating so or you will see them in court. Expect them to pay interest too. Good Luck

[JMio]

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