Debt_Mountain v Clydesdale going back to 1996

[Dr Hunter]

Hi debt mountain,

I am in an almost identical situation to you and intend to do the same as you are. Just to let you know that the leeds AQU do read this site, i rang yesterday to ask for older statements and mentioned s.32, the guy asked me if i had been on the cag and told me he had visited cag in the morning.

[debt_mountain]

Hi debt mountain,

I am in an almost identical situation to you and intend to do the same as you are. Just to let you know that the leeds AQU do read this site, i rang yesterday to ask for older statements and mentioned s.32, the guy asked me if i had been on the cag and told me he had visited cag in the morning.

Thanks for the info and good luck with your clain. Let me know if you need any help or let me know when you find out anything you learn.

 

The fact they use this site is sometimes useful so we can have a little sport with them!!!

[Dr Hunter]

I forgot to mention that the guy i spoke to made it very clear that i should be dealing with glasgow or my local branch when requesting older statements(over 6 years). He went into great detail to explain that the leeds AQU was only set up to deal with charges. I wonder if your case has prompted them to distance themselves in case we use their address in english courts.

Anyhoo, thanks for the offer of help, i will probably need it.

Did you manage to get pre 6 year statements from them or did you already have them?

[Dr Hunter]

At the moment I am sitting on secondary account statements with charges of about £1000 and credit card statements with charges about £200. The fun starts with my main account where i reckon the charges will be about £3000 going back six years and double that going back a few more. They still have not sent the main account ones and i am tempted to send a letter saying i still have not recieved the six years and could i extend it to 12 years and include 90's closed accounts.

Can i/should i make seperate claims for seperate accounts or tie them all into one big claim?

[debt_mountain]

Dr H,

 

They only sent me the 6 years statements in reply to my SAR, so I then sent them a warning that I would take them to court for not supplying ALL my dta they hold as that is what I had requeted. Got the statements from day 1 of the account within 10 days or so.

 

Just get stroppy with them and they will come into line.

 

DM

[Dr Hunter]

cheers mate, will do. will let you know.

[RedDeath]

Hi Debt Mountain,

 

Interesting thread, just one question if you don't mind. Do Clysdale's term and conditions in any way specify what law applies? If its scot's law then you may not be able to claim in an english court and could have the claim struck out for it I believe.

[caro]

Have you any examples of this happening RedDeath? I haven't seen any for other banks, although DM's is the first thread where I have seen this done against Clydesdale. As a defence has been filed and AQ submitted, I'd have thought it unlikely to happen now, and they haven't mentioned it in the defence.

[debt_mountain]

Hi Caro/Reddeath

 

Thanks for the warning reddeath, but as Caro says they should/would have done it by now as the defence and AQ are in. Plus, and this is a big plus, they have not been able to supply me with an agreement or a set of T/C so they cannot prove "exactly" what was on my agreement. But the biggest plus in all of this is the solicitors used are a Scottish based group so they would have to be very sure I couldn't land them in it for exactly the same reason. Can they actually practice in England?

 

Caro,

 

I have had my Blackhorse case struck out by an English court as it is a Scottish contract. I have now had to take that through the Scotttish system by breaking it down to the 3 seperate accounts to keep me under the £1500 limit. I have to be careful there because of the returnung to court problems the Scottish system is currently seeing.

[caro]

FOS is the way ahead then so far although I see the Scottish Parliament have an EDM to raise the small claims limit in Scotland to £5,000

[debt_mountain]

My case is sitting with the judge, as both AQs are now in. Lets hope the draft directions attached to it help.

[Shumba]

High DM,

 

I have read this thread with great interest as I too am about to take on the Clydesdale. My claim will be close to the 5k mark and as I see it I have 2 options, either refer it to the FOS after the bank's final word, or to go down the english route which I would prefer. With your experience to date, I was wondering if you would keep an eye on my thread, and help out with the odd Q where able.

Would it also be ok if I pm you a couple of questions about the process.

 

Cheers

 

Shumba http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/83877-shumba-clydesdale-bank.html

[debt_mountain]

High DM,

 

I have read this thread with great interest as I too am about to take on the Clydesdale. My claim will be close to the 5k mark and as I see it I have 2 options, either refer it to the FOS after the bank's final word, or to go down the english route which I would prefer. With your experience to date, I was wondering if you would keep an eye on my thread, and help out with the odd Q where able.

Would it also be ok if I pm you a couple of questions about the process.

 

Cheers

 

Shumba http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/83877-shumba-clydesdale-bank.html

 

PM me as much as you want. I have had a look at your thread and will give any guidance on there. Good luck.

[debt_mountain]

I got a date back for my hearing with them but it falls in the middle of my holidays. It is 5 weeks away so I have written to the judge and ask for it to be changed and if that is not possible I would like a teleconference hearing s an alternative.

 

My fault completely.

 

Although my claim with 8% is £7500 it stayed in small claims. s32 is for about 75% of the charges.

[Shumba]

Cheers DM. Keep up the good work. Have sent PM

[caro]

As I believe that you filed your claim in Leeds I'm quite surprised it hasn't been allocated to the Leeds mercantile hearing in June. Encouraging that it has been allocated to the small claims court despite being over 5k, as no chance of costs being awarded. All looks very hopeful.

[debt_mountain]

Caro

 

My claim is in Morpeth & Berwick court. A fairly small court so it feels a littleless hecktick and you get a date fairly quickly for most cases.

 

Glad it wasn't Leeds...

 

Thanks

 

DM

[debt_mountain]

Been busy with other claims and winding up the CRAs but my current status

 

CB filed their standard defence, no mention of the limitations stuff....oops on thier part. I will still include the laimitation stuff in my bundle just incase.

 

Got a date for court of 20th June but I am on holiday (forgot to put my holidays in the AQ oops on my part) but I have asked for an ajournment but alternatively permission to do a phone conference for tenrife.

 

I am now pulling my bundle together ready for the 14 days before the hearing as ordered.

 

I should find out tomorrow/Monday if the date has changed.

 

Anyone any views on the lack of response they have made to the limitations stuff? do they normally ignore this or have they slipped up?

[Dr Hunter]

hi dm,

Just wandering, you mentioned in an earlier post that you are going for CI at 15.9%. Are you still going for this? Are CB contesting it? How did you get to 15.9%? Am thinking of going for 29.5% but it raises my claim to over £10000 as many of the charges are over 6 years, any thoughts? Hope all goes well for you.

[debt_mountain]

hi dm,

Just wandering, you mentioned in an earlier post that you are going for CI at 15.9%. Are you still going for this? Are CB contesting it? How did you get to 15.9%? Am thinking of going for 29.5% but it raises my claim to over £10000 as many of the charges are over 6 years, any thoughts? Hope all goes well for you.

No, I gave up on that after my court kicking me about the court for trying it. Guess they are totally against it.

 

I had tried it twice and the judge each time said I was not due this as I could not prove exactly what I could have got.

[caro]

It would be very risky to claim CI outside small claims track Dr Hunter, as you would expose yourself to costs if you got an unsympathetic judge.

[debt_mountain]

CB filed their standard defence, no mention of the limitations stuff....oops on thier part. I will still include the laimitation stuff in my bundle just incase.

 

I think that as it is not mentioned in the defence they can not now mention it?

 

Anyone any views on the lack of response they have made to the limitations stuff? do they normally ignore this or have they slipped up?

[caro]

Maybe there wasn't anything to argue about in the limitations part of your POC.

[debt_mountain]

Maybe there wasn't anything to argue about in the limitations part of your POC.

I didn't mention the limitations in my POC. I have included some stuff in the Bundle.

 

I left it up to them to point out that I was allegedly out of time.

[zootscoot]

I would imagine its mere oversight not mentioning limitations. You're not out of the woods yet. They could apply to strike out the charges outside the limitation perod or make you an offer minus any six years charges. In either of these events you could end up arguing it out in court.

 

I'm not sure how Clydesdale have responded to limitations in the past or if indeed they have done.

 

Incidentally I Have put some cases relating to limitations in the case library.

 

Best wishes

 

Zoot