Clydesdale Financial Services/Barclays Partner Finance

holli_2

just got a letter back from clydesdale offering me 50% of the charges! do i accept this or take them to court? has anyone actually won against them?

BEAUCHAMP_3

ad4757 wrote: »

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?

Yes you can, when you get your list of charges back you'll probably find its been more than just the £22.50 as I did although they failed to mention this on the phone.

Just received my list of charges which amount to over £250 on charges i thought only amounted to about £80.

Sent my letter off this week requesting these charges back, we'll see what happens.

Good Luck!!!!!!

BEAUCHAMP_3

I will be sending my LBA to Clydesdale in the next couple of days, unless they respond by Wednesday which i'd imagine is highly unlikely.

Anyway has anyone received any type of settlement offer from Clydesdale or are they generally letting you push them all the way to court.

The reason I ask is that I have a loan with them which will be coming to an end in September (at last) can I still continue with the claim once the debt has been cleared?

Any advice would be appreciated.

stan5001

I sent the two letters and filed with moneyclaim; they filed a defence at the last minute but this morning I received an ex-gratia offer (without interest), as it's "too small to defend"...

£100! Keep at 'em...

markgeary2k1

<HR style="COLOR: #660000" SIZE=1><!-- / icon and title --><!-- message -->
Hi

I was after some advice. We took out credit for £729.43 with Clydesdale Financial Services (one of these buy now pay in one year - failure resulted in the total repayment of £1305 with the interest). Well we ended up having to pay monthly repayments of about £37 until the balance had cleared which a direct debit had been set up. However, as direct debit came out 3 days before payday it bounced and so £20 charge added to account. Asked to move date after payday but they wouldn't so cancelled direct debit and paid manually. Have basically put total of £212.50 worth of charges on account for late payments and direct debit bounces.

Anyway asked for settlement figure and a list of all the charges which they did send and wanted total of £987.88 to clear balance of which it is worth noting that I had already paid them £413.27 in installments (ALL FOR BORROWING £729)

I replied with the following letter dated 24th June 2007 and sent recorded delivery on that date and attached a cheque for £757.81 (which covered the amount borrowed plus all interest, less £192.50 worth of charges which I was disputing, this was received by them on the 2nd July - a day late as the settlement figure was valid until the 1st July due to the postal strike, the letter read as follows:

With reference your letter dated 03 June 2007 I hereby include a cheque for the final balance on this account. I have deducted a payment of £37.57 made on the 11<SUP>th</SUP> June 2007 and am also disputing the charges totalling £192.50 that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.<O:p</O:p
<O:p</O:p

I believe that your charges are disproportionately high and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual and or real loss. <O:p></O:p>
<O:p</O:p

I enclose a cheque for the sum of £757.81 in final settlement of this agreement and additionally you have already received a payment of £37.57 paid on the 11<SUP>th</SUP> June 2007, considering the finance amount borrowed only totalled £729.43 and payments that have been made on this account total £413.27. I believe this reflects an acceptable settlement figure on my account as the charges are unlawful.<O:p></O:p>
<O:p</O:p

I hereby give you 14 days to accept the settlement figure and refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs. <O:p</O:p

I was left a message to ring the company 2 days ago which I tried yesterday and was kept waiting on the phone (I live in germany by the way) for an hour after which I did hang up more fool me, and followed up with a call today.
Was told by staff that I had a balance to pay of £212.50 (thats right another charge of £20.00 added because direct debit bounced - remember I cancelled this at the start anyway and wasn't paying any more as I had sent the above letter and cheque. She said that she could reduce the late payment fees by 50% but not the direct debit unpaid fees and would take a further £146.25 as settlement. I said I was not happy paying this and then asked what had happened to the cheque of £757.81 and was told that this had been cashed and creditied to the outstanding balance.

I told her that as per my letter (shown above) this means that you have accepted my settlement figure and I was not paying anything else on the account. She replied saying she would have to speak to her manager and would ring me on Monday 16th July.

My question therefore is I am correct in speaking my letter was legally binding and by cashing the cheque they would have in fact shot themselves in the foot and have therefore accepted my settlement figure?.

Many thanks

markgeary2k1

:undecided Abbey £1508 (About to complain to FOS)
:undecided Clydesdale £212.50 (Possibily Settled - Awaiting Update)

markgeary2k1

Hi, it appears my letter worked, they have now accepted this as final settlement of my claim - £212.50 back to me, am awaiting a letter from them to confirm this but they say my balance is clear now.

It just goes to show if you want them to settle at a certain amount less charges - send the cheque waving money in their face and a letter that i did which if cashed is legally binding and they don't have a leg to stand on.

Carry on people, we are winning the battle against unlawful charges and don't get disheartened along the way, my first case won, next on the agenda Abbey.

Thanks for reading.

markgeary2k1

PJ1967

Evening everybody,

Could anybody please advise me if I can make a claim against this company to reclaim the charges??

My son used this company to finance a new set of wheels for his car and has missed June's installment of £30.85 and has since then been charged 1 x £20 late fee and a further 3 x £22.50 .. total cost = £87.50 for 1 missed pymt.

I telephone and asked if they could offer any refunds as my son hasnt been too well and has had a few problems with his finances recently, they point blank refused, then the manager quite smuggly informed me that I will never have them refunded back. Is this true???

This is outrageous for 1 missed pymt.

Also not quite sure how to word the letter as the sample letter is not appropriate for this kind of reclaim.

Any advice would be most appreciated.

Regards PJ:mad:

jorodgers62

Hi Im in court against 2 finance companies Clydesdale financial services ( who are part of Barclays) and First National tricity Finance ( who I think are part of Abbey) on the 20th August.

All the cost I am reclaiming are for Late Payment charges. Will my case be suspended pending the outcome of the test case, as I believe the banks are challenging overdraft fees.

I have read on here credit cards are not the same as banks but what about Finance companies.

Any help appreciated.

Thanks Jo

jorodgers62

Help please

Sorry for bumping up. but shall I still send in my court bundle even though the others solicitors have told me not to expect anything from themselves.

If I do send in my court papers as instructed and they dont, can I ask for a judgement in my favour because of their non compliance.

Thanks

Jo

kahluagirl

phone the court and ask them if the case is continuing or been put on hold(im doing that monday cos my court date is 31st aug).if the case isnt on hold and they dont send in their papers you should be able to ask for a judgement in your favour.again ask the court.good luck