Where di i stand now??

[mrskaz]

Hi everyone, I'm looking for a bit of advice please. I started my claim procedure with Clydesdale financial services, recieved my list of charges and manual interventions-there was 20 M/I's listed which were nearly all phonecalls where they had rung me at home and I had paid by debit card some of the otherw were recieving my subject access letter etc.

 

I totalled everything up and asked for £625 worth of late payment charges back. They ignored my letter, so I sent a letter before action. I recieved this back from them today:

 

Thank you for your recent letter regarding the above numbered account.

I note your dissatisfaction concerning the charges applied to your account. I would like to take this opportunity to confirm that the charges applied have been done so in accordance with the terms and conditions of your signed credit agreement where we have been required to write to you due to non-payment.

 

Clydesdale Financial Services would wish to assure you that our charges are representative of actual losses incurred by us where customers fail to maintain their account in accordance with the terms of their finance agreement. Should it become necessary for legal reasons, we can demonstrate the actual administrative costs incurred.

 

I can confirm that having reviewed the charges applied to your account the decision has been taken to credit 50% of all charges incurred back to your account. Therefore I can confirm that after taking into account of £325 back to your account, your new balance is £309 at todays date.

 

Following the office of fair trading report into arrears charges applied to customers accounts Clydesdale Financial Services have removed half of all charges applied to your account. as a result the total amount of charges applied to your account are now less than the value given in OFT guidelines of £12.00

 

It is felt that Clydesdale Financial Services have acted fairly in responding to all issues and concerns raised and would add that no further charges will be removed from your account.

 

Where does this leave me now, is this the end of the road or do I carry on with a claim for the total amount? Also all correspondance has been from me in England to their office in Scotland, if I do file a claim do I file it against their Glasgow office or change it to their registered office in London (that I've just found out they have).

 

Thankyou for any help on this matter

 

mrskaz

[isidore]

This is in the general forum....

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-not-so.html

 

Whilst this is in relation to the decision by the OFT on current accounts, it is also relevant here.

 

It's interesting that they say they can demonstrate their administrative costs. I bet they wouldn't possibly disclose this information!!

 

In teh template forums you will find a rejection letter. Basically, you don't accept the partial settlement and you will be going for the full amount. As for the credit to your account, make it clear you will only accept this as partial settlement and unless they agree to this, they can take it back out again.

[mrskaz]

Thanks T4FF, you've been really helpful:)