Clydesdale Financial Services/Barclays Partner Finance

jorodgers62

mrskaz wrote: »

Hi everyone,

Deltanineit, I'm afraid I dont know what that stands for either, but I wish you well with your claim.

Jo-I started mcol, they have yet to acknowledge, they have until next tues. I'll post back when any further developments happen;) How is your claim going?

mrskaz

Hi
Im just looking at filing mcol today or tomorrow-after I find out how much costs are going to be. Ive been waiting for payday to file- hopefully by next payday my bank account will be a lot healthier thanks to clydesdale.
Good luck with your claim-

Jo

mrskaz

Well, they had until today to acknowledge and yes they've waited until the very last day to do it! I rang MCOL this morning and spoke to a very nice man, who told me not to worry as this kind of thing is expected now. So I have to wait and see if they file a defence, they have until midnight June 15th-I will see this out right to the end, no matter how long it takes! I'll keep you posted on how things go;)

BEAUCHAMP_3

Does anyone know if I can reclaim my charges from Clydesdale Financial Services?
I have been wih them for two years and will be clear of them by September this year.
However I am charged over £40 everytime I default on a payment to cover "administration costs", when I queried the amount I was given the old T & C's speech.

Anyone have any ideas?

BEAUCHAMP_3

Just read the above posts, should have been more thorough when searching there seems to be quite a few of you who are taking them on.
I am just about to post my first letter but still unsure which address to send to.
I was originally going to send it to Glasgow but if its better to send it to the London office i'll do that instead.
Has anyone had any problems getting statements back after sending it to Glasgow.

mrskaz

An update!

They entered a defence right at the last minute and today I've recieved a letter from CCBC telling me the case has been transferred to my local county court and that the AQ form has been dispensed with in this case.

here is their defence:

1: Clydesdale is a trading division of Barclays Bank PLC and not a legal entity in its own right.

2: The particulars of claim are summary and do not provide details or particulars of the charges alleged to have been unlawful. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this Statement of Case in due course.

3: To the extent it is alleged that the claiment incurred charges on the claiment's account for unauthorised borrowings (whether late payment fees, exceeding authorised credit limit fees, or any other such fees (the "charges"), the Defendant puts the Claiment to strict proof of each charge and the date thereof.

4: 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, exceedingaccount credit limits and/or unauthorised borrowing and/or failing to make sufficient monthly payments to reduce the account balance by the required date).

5: It is the responsibility of the account holder to properly moniter the account so as to ensure compliance, for example, with the obligation to make payments by the required date.

6: The Terms gave the Claiment a fair and transparent view of the obligations and entitlements set out above, including the basis on which the Defendant would be entitled to debit the charges from the claiments account.

7: If, and to the extent it is the Claimentscase that failure to make monthly payments and/or failure to remain within the agreed credit limit, constituted a breech of the terms, and that the contractual entitlement to debit the charges from the claiments account constitutes a liquidated damages clause, the same is denied. The charges applied to the Claiment's account were payments that the Claiment agreed to make upon the events described as above by reason of the Terms. Accordingly, it is denied that the charges or any such charges consitue unfair and/or unreasonable charges, and it is denied that the legal principles governing the enforceability of liquidated damages clauses applies or is relevant to the Charges, as alleged by the Claiment, or at all, and/or that the charges are otherwise unenforceable.

8: Further or alternatively it is denied that any such charges consitute unlawful penalty charges or are in breach of the Unfair Terms in Consumer Contracts Regulations 1999, (particularly but without limitation to, paragraph 1 (e) of schedule 2), or are in breach of s.4 of the Unfair (Contracts) Terms Act 1977.

9: Further or alternatively, without prejudice to the matters pleaded above, if the Claiment's failure to make sufficient account payments by the required date and/or to remain within the pre-agreed credit limits consituted a breach of the Terms, the Defendant avers that the charges were nonetheless valid and enforceable.

10: It is further denied that the charges were unlawfully debited from the claiments account. It is averred that the said charges and interest are and remain lawful and enforceable and that the defendant was entitled to debit the same.

11: Accordingly, it is averred that the charges are legally enforceable and the defendant was entitled to debit the charge from the Claiment's account.

12: The Defendant denies that it is liable to the Claiment for the sums claimed and interest, as pleaded or at all.

13: In the alternative, and without prejudice to matters stated above, if (which is denied) the said charges or any part thereof are unlawful or unenforcable as alleged by the Claiment or at all, and the charges were a consequence of the breach of the contract by the Claiment, the Defendant has nonetheless suffered loss and damage as a consequence of such breach of contract by failing to make monthly payments and/or failing to remain within the agreed credit limit. Accordingly, in the event that the Defendant is unable to rely on its express entitlement to enforce the charges as set out above, it will seek to recover to the extent necessary such loss and damage as it actually suffered, which will not necessarily be limited to the value of the said charges, and the Defendant seeks to set off such sums against any liability owed hereunder to the Claiment.

Has anybody got anymore advice to offer at this stage??

Thanks

Mrskaz

mrskaz

BEAUCHAMP wrote: »

Just read the above posts, should have been more thorough when searching there seems to be quite a few of you who are taking them on.
I am just about to post my first letter but still unsure which address to send to.
I was originally going to send it to Glasgow but if its better to send it to the London office i'll do that instead.
Has anyone had any problems getting statements back after sending it to Glasgow.

I had no problems at all in getting my statements from the address in Glasgow, in fact I got them quite quickly! It wasn't until I got to the MCOL stage that I started to use the London address.

Good luck!!:)

BEAUCHAMP_3

Thanks, sending off my first letter to them tomorrow.

ad4757_2

hi
i have a loan from clydesdale finance for a computer i bought nearly two years ago, i have just rang to see how much was outstanding and discovered it was nearly the whole amonut,
i have discovered that i missed 1 payment of 22.00 a year ago and they have been charging me 22.50 a month since

therfore the debt has got higher even though i have kept up payments.

can i claim these charges back?

jorodgers62

I have reached the stage where CFS (a company of Barclays apparently) have filed a defence in court at the last minute.
So on a whim I rang the tel number on the court notification form I recieved and spoke to a nice fella who informed me- without me even asking him any question whatsoever I might add- that he was dealing with my case- I gave him my case number- and he said they are settling every case before hearing dates, and that there are thousands of claims pending and the only way they can deal with them is in order of hearing date.
therefore after I have recieved a court date i WILL get a letter from themselves about 3 weeks before the date with a full settlement.
I dont mind waiting- as I told him at the rate of interest accruing at approx 60p per day, Clydesdale are saving me my money for a rainy day- thank you to them. so everyone- dont panic- Im not.
:rotfl:

ad4757_2

hi
thanks for that, how do i find out how much they have charged me? can i send standard letter same as bank?