Clydesdale Finance charges reclaim court claim issued **WON +£400**

[Sophie-Jane]

Hi

 

How Legal are Letter Charges of £22:50, And also What is a DRA Consult Fee which I got charged £30 for

 

If I am able to reclaim these charges I will proceed with the Forms on this site, I've worked out they owe me over £250, which would literally half the debt owed with these by a third

 

Any help is appreciated

 

Regards

Sophie

Sophie-Jane@Lyon-Stopford.me.uk

[Sophie-Jane]

Update on Clydesdale Finance

 

Today received an letter after sending off the 1st letter asking for them to refund the charges

 

Need some advise Please

 

From the letter

 

I have thoroughly investigated the issues you have raised and I can confirm that the charges applied to your account are in line with the terms and conditions of your signed finance agreement.

 

I can confirm that we at Clydesdale Financial Services conduct ourselves professionally and in a lawful manner and would wish to assure you that our charges are in line with all major financial institutions and are representative of actual losses incurred by us where customers breach the terms of their finance agreement by failing to maintain payment. Further, should it become necessary for legal reasons, we can demonstrate the actual administrative costs incurred.

 

Please bear in mind that the total charges refferred to are a result of you having breached your contract on several occasions and taken individually are not as you suggest "deceptaive".

 

In light of the above I am unable to comply with your request for the charges to be refunded and can advise that the charges will remain on your account.

 

 

 

 

Is this a standard letter, or are they correct?

 

Any help would be appreciated, Can Credit card companies do this?

[Sophie-Jane]

2nd Letter being sent on Monday

[alanfromderby]

 

Please bear in mind that the total charges refferred to are a result of you having breached your contract on several occasions

 

Is this a standard letter, or are they correct?

 

Any help would be appreciated, Can Credit card companies do this?

 

 

Point 1 - Game, set and match to you - they have admitted that their charges are for breach of contract!!!

 

Point 2 - If it is, then the person who complied it will be sacked very soon!!!

 

Point 3 - Credit Card companies can't do this....doesn't mean they will not try though.

 

 

If you don't mind could you please send a scan of this letter to: research@bankactiongroup.co.uk

 

Thanks.

[Sophie-Jane]

Will send a scanned copy off to you Alan

 

Hope it helps the fight

[alanfromderby]

Thanks - it goes to bookworm, but I will let her know it's on it's way.

[Sophie-Jane]

Hi everyone

 

Just a update on this

 

I have sent the 1st prelim letter on the 26th April 2006

 

After receiving No Reply, not even a acknoledgement, I sent the 2nd letter on the 8th May 2006

 

I have checked with the Royal Mail portal, checking if they have been received, Neither are showing up as being received at all.

 

Has anyone else had this problem regarding Clydesdale recently, say the last month or so?

 

Do I phone and check with them if they have received the letters, or when the time limit is up on / around 23rd May 2006, and I still have no confirmation or acknoledgement from Clydesale, do I start a Moneyclaim?

 

All help is apreciated

[alanfromderby]

The County Court rules state that a letter is considered to be received two days after posting - even if sent by ordinary mail. I would just stick to the timetable.

[Sophie-Jane]

The County Court rules state that a letter is considered to be received two days after posting - even if sent by ordinary mail. I would just stick to the timetable.

 

Hi Alan

 

Will continue with the process, Seems at the moment, no one wants to talk with me, no wonder I suppose with all these claims going on - oh well

 

Gives me more Thinking time

[skyrocket123]

Hi Sophie-Jane

I got the same letter from them!

Sky

[Sophie-Jane]

Hi Sky and Everyone

 

An update on this one

 

After sending all letters out, and also clarifying the points as to what is in dispute - Charges levied against my account, which I gave 7 days to reply, the following letter is what I have received

 

_______________________________________

 

Dear Mrs Sophie-Jane

 

I refer to my letter dated the 19th May 2006, Your complaint has been escalated to me and I have undertaken a review of the investigation that the Customer Relations Department has made into your complaint.

 

As you have been previously advised the charges will not be removed from your account as they are in line with the terms and conditions of your credit agreement.

 

I am very sorry that Clydesdale Financial Services have been unable to resolve this to your satisfaction.

 

The Customer Relations Department have prepared a report of your complaint, which is attached to this letter, I have reviewed the report and conclude that the findings are fair and reasonable in these circumstances, I am afraid therefore that our complaints proceedure has now been exhausted.

 

I hope that you find the enclosed information regarding The Finance and Leasing Associiation (FLA) to be helpful, If you wish to have your complaint independently reviewed by the FLA you will need to contact them within 6 months of the date of this letter, For the purposes of the FLA, you may consider this letter and its attachments to be our "Final Responce" to your complaint.

 

Yours Sincerely

 

Wilma Thomson

Customer Relations Manager

 

 

____________________________

 

 

Now Attchements attached apart from the FLA information

 

Question

 

With Clydesdale being based in Scotland and I am in England, Is it possible to claim via Moneyclaim

 

All help is appreciated

[alanfromderby]

Question

 

With Clydesdale being based in Scotland and I am in England, Is it possible to claim via Moneyclaim

 

All help is appreciated

 

 

If you lived in England at the time the contract was signed then you can claim through the English court system. The easiest way would be through any local branch.

[Sophie-Jane]

If you lived in England at the time the contract was signed then you can claim through the English court system. The easiest way would be through any local branch.

 

Hi again Alan

 

Would that be thru similar process the small claims court or the main court systems

 

I suppose they are just trying to throw me off the path to conclude that its not worth the fight, well they may have thought so

[alanfromderby]

If the contract is signed in England then you are entitled to put the claim through the English County Court system, or moneyclaim. However, you will need to address the claim to their English Head Office:

 

Clydesdale Financial Services Ltd

1 Churchill Place

London

E14 5HP

[Sophie-Jane]

HI Alan

 

Many thanks for the address, Moneyclaim is now started

[Sophie-Jane]

Today 7th June 2006

 

Received the "Notice that Acknowledgement of Service has been Filed"

 

Defence Solicitors

 

BARCLAYS BANK ????????

 

Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP

 

Being defended by Nicholas Hartigan, who is a Trainee Solicitor, seems he wants a good start to his career - LOL

[Sophie-Jane]

4th July 2006

 

Received the defence & Allocation Questionnaire from Clydesdale Finance - Defended by Barclays Solicitor - Keith Jeremiah

 

Info of Defence Below

 

________________

 

1. It is admitted that the Claiment has an account, number XXXX XXXX XXXX XXXX. To the extent it is elleged that the Claiment incurred charges on her account for unauthorised borrowings (whether late payment fees, exceedings authorised credit limit fees, or any other such fees (th ?Charges?)), it is admitted that such charges were debited from the Claiment?s account; however, the Defendant puts the Claiment to strict proof of each charge and date thereof.

 

2. The Defendant?s standard terms and conditions (?Terms?), which the Claiment accepted upon opening the account, entitle the Defendant to debit the Charges from customer accounts upon certain events (including, but not limited to, exceeding account credit limits and / or unauthorised borrowing and / or failing to make sufficient monthly payments to reduce the account balance by the required date).

 

3. It is the responsiblility of the account holder to properly monitor her account so as to ensure compliance, for example, with the obligation to make payments by the required date.

 

4. The Terms gave the Claimant a fair and transparent view of the obligations and entitlements set out in paragraph 3 and 3 above, including the basis on which the Defendant would be entitled to debit the charges from the Claiment?s account.

 

5. If, and to the extent it is the Claiment/s case that the failure to make monthly payments and / or her failure to remain within the agreed credit limit, constituted a breach of the Terms, and that the contractual entitlement to debit the Charges from the Claiment?s account constitutes a liquidated damages clause, the same isdenied. The Charges applied to the Claiment?s account were payments that the Claiment agreed to make upon the events described at paragraph 2 above by reason of the Terms. Accordingly, it is denied that the Charges or any such charges constitute unfair and / or unreasonable charges, and it is denied that the legal principles govering the enforceability of liquidated damages clauses applies or is relevant to the Charges, as alledged by the Claiment, or at all, and / or that the charges are otherwise unenforceable.

 

6. Accordingly, it is denied that the legal principles relating to liquidated damages clauses and penalty charges are relevant or applicable to the facts set out above. Further or alternatively it is denied that any such charges constitute unlawful penalty charges or are in breach of the Unfair (Contracts) Terms Act 1977 (or any other provision), or are unenforceable within the meaning of s.15 of the Supply of Goods and Services Act 1982 (or indeed any other provision).

 

7. Further or alternatively, without prejustice to the matters pleaded at paragraph 4 above, if the Claiment?s failure to make sufficient account payments by the required date and / or to remian within pre-agreed credit limits constituted a breach of the Terms, the Defendant avers that the Charges were nonetheless valid and enforceable.

 

8. It is further denied that the Charges were unlawfully debited from the Claiment?s account

 

9. Accourdingly, it is averred that the Charges are legally enforceable and the Defendant was entitles to debit the Charge from the Claiment?s account

 

10. The Defendant denies that it is liable to the Claiment for the sum claimed or at all.

 

______________________

 

Signed by Keith Jeremiah

 

Litigation and Disputes

Level 29

One Churchill Place

London

 

______________________

 

So what you think

 

I have highlighted some points in RED

 

In the other information, part of the Allocation Questionnaire N149 , Is there any other information that I could enter in there, with my Lloyds claim, at least I had the P Mc Namara evidence to quote

[Sophie-Jane]

Point 1 - Game, set and match to you - they have admitted that their charges are for breach of contract!!!

 

Point 2 - If it is, then the person who complied it will be sacked very soon!!!

 

Point 3 - Credit Card companies can't do this....doesn't mean they will not try though.

 

 

If you don't mind could you please send a scan of this letter to: research@bankactiongroup.co.uk

 

Thanks.

 

Hi Alan

 

Re Point 1, I wish to use this point on my Alocation Questionnaire (N149 - Other Info)

 

They have stated a couple of times in their defence that I have Breached their Contract, So the judge would see their defence to that point.

 

Now if I do use this fact on the allocation questionnaire, how would you / others feel is the best way to highlight this Fact

 

Please Help, as I need to get this questionnaire off by the 19th July

 

Thanks again

[Sophie-Jane]

I been thinking on this one too - ouch my head

 

I intend to apply for my Consumer Credit Agreement, I have the template on my PC

 

If they do decide to go further down the Line, I will then have a copy of the Agreement - Well if they still have it, as It was NOT provided with my Data Protection Request.

 

If it is not provided with the Data Protection Request, Then would I be wasting my time and money asking for the Agreement ???

[alanfromderby]

Hi Alan

 

Re Point 1, I wish to use this point on my Alocation Questionnaire (N149 - Other Info)

 

They have stated a couple of times in their defence that I have Breached their Contract, So the judge would see their defence to that point.

 

Now if I do use this fact on the allocation questionnaire, how would you / others feel is the best way to highlight this Fact

 

Please Help, as I need to get this questionnaire off by the 19th July

 

Thanks again

 

It is up to you, but I really wouldn't try and argue points over their defence at this stage. The time for that would be if it goes to court.

[Sophie-Jane]

It is up to you, but I really wouldn't try and argue points over their defence at this stage. The time for that would be if it goes to court.

 

Thanks again Alan

 

I just keep it simple - leave it blank this time

[skyrocket123]

Hi Sophie-Jane

What's happening with your claim against Clydesdale Financial services?

Any news?

Sky

[Sophie-Jane]

Hi Sophie-Jane

What's happening with your claim against Clydesdale Financial services?

Any news?

Sky

 

Hi Sky

 

Not even a whisper yet

 

They filed their defence on the 31st May

 

Sent Allocation Questionnaire off around July 4th - Independence Day

 

So suppose its still earl

 

Possibly within the next couple of weeks should hear something back

[octron32]

Hi Sophie-Jane

 

I have sent my S.A.R - (Subject Access Request)

 

 

MOD NOTE: PLEASE CAN YOU START YOUR OWN THREAD ABOUT THIS.

[Sophie-Jane]

Hi Sophie-Jane

I do have one request from you though if I may im having trouble putting together a letter to send after the SAR - (Subject Access Request) - (Subject Access Request) deadline. I have tried using a bank template but it doesnt look right. if possible and not to much trouble could you either pm or reply to this the first letter you sent asking for your money back.

 

thanks in advance

 

steve

 

 

MOD NOTE: PLEASE CAN YOU START YOUR OWN THREAD ABOUT THIS.

 

Hi Steve

 

 

Mrs Sophie-Jane

Huntingdon

Cambridgeshire

 

 

Clydesdale

 

 

 

 

 

 

( Home

( Mobile

* Email

 

 

 

 

 

 

 

 

 

 

Re – Account

 

Sunday, 16 July 2006

 

 

 

Dear Sir / Madam

 

My request

I am writing to ask you to refund to me the charges which you have levied from my account over the last XX years

I now understand that the regime of fees which you have been applying to my account in relation to exceeding credit limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations. If you say that they are not then you will pleased to demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches in order to reassure me that your penalties really do reflect your costs.

Additionally it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

Your responsibilities

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

 

What I require

I calculate that you have taken £XXXX.XX. As of the above date the interest charged if this matter also went to court is £XX.XX @ 8% APR, Making a total of £XXX.XX (calculated as date of letter)

 

My targets to resolve this matter

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

(I entered here the List of all the charges / Copy from the Spreadsheet using Cut and paste)

 

Yours Faithfully

 

 

 

Mrs Sophie-Jane

 

 

This is my Template for ALL Credit Card Companies

 

Hope it Helps

 

Steve - Start your own thread, that way, you can keep an eye on your progress, and get the relevent help for your particular conditions etc

 

Good luck, Just its all now a waiting game