Bank Response To Request For Rfnd

[GG1971]

Sent my letter asking for refund to Clydesdale Bank in Aberdeen 2 weeks ago, received my response on Friday. The jist of the letter was that they could not deal with my claim untill the outcome of the test case that is ongoing has been heard. They also say that they will comply with what the courts say and that I cannot do anything now untill the test case is over.

 

I need to go through FOS because my claim amount is higher than I can claim in one go at small calims court in Scotland, The bank idicated in their letter that FOS had suspended all cased at the moment and will not look at mine. Is this the case? Should I carry on regardless? Do I need to wait? I need some help please, it would be much appreciated.

 

Thank you

[PeterAnderson]

Hi

I am NO expert, especially when it comes to Scottish law; as for England your are entitled under the Data Protection Act (unless you already have copies of your statements) to get them to send you copies.

 

Once you have these the advice from the MOD's on cag is proceed as normal. Although most courts will issue a 'stay'; some do not. In any case if you proceed as normal you will be at the top of the queue and beat 1k's others waiting to get their money back - which they will

[beat_the_bankers]

The FOS have indeed decided not to pursue any cases, although I beleive if you are on benefits etc. then they should still investigate. Recommend you read FAQs complaints about bank charges

 

and

 

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

 

There are more useful threads but can't find them at the moment!!

[GG1971]

Thanks for that folks, guess I just carry on. Does anyone know if there is an estimated time scale for this test case to proceed under, guess the banks will drag it out as long as they can!!

[beat_the_bankers]

I think the case is due to be heard in Jan/Feb, but the appeals etc. will definitely drag it out. Longest estimate I've heard is three years!

[Dr Hunter]

Hi, I am also claiming against the clydesdale in Aberdeen but am going to take them to an english court. This may be something you could consider as all you need to do this is an english address for court correspondance. You can hire a mailing address in england for about £20 a month.

[ICY]

How much!!!!

 

Problem doing that is if you have the need to attend court, its long drive from aberdeenshire over the border, with the nearest court probably being newcastle or carlisle, depending where the address is you "rent" then could be even further

[Dr Hunter]

I forget exactly how much the monthly mailing address charge is because i am using a friends address. I am fortunate that my friend lives in london where you can get to with easyjet flights for peanuts.

I.M.H.O going through the English courts is the only option if you are in Scotland with a claim over £1500 and you dont want to wait a possible 2 years to go through the FOS.

[SL56]

I think the case is due to be heard in Jan/Feb, but the appeals etc. will definitely drag it out. Longest estimate I've heard is three years!

 

14 Jan