Lee v Clydesdale Financial Services

[lee in wales]

Hello everyone,
its been a long time, after some good results from previous claims last year, i have finally got my backside into gear to start a new challenge against CFS, usual story, i got into a bit of financial trouble and got behind on payments for the loan i took with them, i have lost count of the letters i have received telling me that i missed a payment, and that they were charging me £22.50 to cover their costs, sometimes 1 a week, so in my estimation thats gonna be a lot of £22.50's,
I sent SAR request, along with cheque for £10 and a photo copy of my drivers license, for ID purpose ( didn't want them to use that as a delay tactic), that was signed for on the 3rd January so that gives them until 12th February to respond,
Here we go again lol,

Lee

[enaid]

Re: Lee v Clydesdale Financial Services

Lee just check if you are paying any PPi on this loan, you never know lol

[lee in wales]

Re: Lee v Clydesdale Financial Services

Hi Enaid, not on this loan, but i have another loan, a big one, with PPI, (GE Money) i need to look into that one, because i am sure i have paid way over the odds for it, and they have added it to loan, so i will be paying interest on it for 15 years, i will find all the details out and start a new post for it, not quite sure how to start a claim for that though

Lee

[enaid]

Re: Lee v Clydesdale Financial Services

Yep start a new thread pronto, first off you need to see if it was mis sold and then you need to cancel the ******

[lee in wales]

Re: Lee v Clydesdale Financial Services

Will start a new thread for that one as soon as i can find the details, probably tomorrow now, how would i know if i was mis-sold the policy, it was over three years ago, so i cant remember what was said???

[enaid]

Re: Lee v Clydesdale Financial Services

there are loads of reasons it could be useless to you Lee, when you post your details i will give you the list, no use yet. So get what you can on her tomorrow and start a proper thread

[lee in wales]

Re: Lee v Clydesdale Financial Services

Hi again everyone,
Just a quick update, i received a statement of account from CFS in response to my SAR, and also some notes on my account, ( which some of the notes are incomplete and don't make sense ) also things like, customer promised to pay, by 19/10/2007, then 14/10/2007 left message, then 17/10/2007 left message on home no. then again on same date left message with female, which is kind of nagging if i already said i would pay on the 19th,
On my statement of account, the charges are recorded as unpaid payment charge, for £15 then august 2006 they go upto £20 per charge, then interestingly Jan 2007 they are recorded as arrears and the charge is £22.50, wouldnt the payment missed of £75 be the arrears and the £22.50 be the charge??? In the letters i receive it clearly states that a charge of £22.50 has been applied to your account to recover our costs,

In the covering letter they say the usual we are sorry that you are dissatisfied with the charges, and after reviewing my account we are prepared to refund 50% of the charges back into the account, (£191.25)......... I have added the charges up and it comes to £470 so my calculator says 50% of that is £235,

I hope all of that makes sense, tomorrow when i have more time, i will send them a thank you, but no thank you letter and continue for the full amount, as i don't believe it costs £22.50 to send a letter out to me, or leave an automated message on my phone.

Any feedback will be gratefully received, and i will keep you updated on the next installment.

Many thanks, Lee

[lee in wales]

Re: Lee v Clydesdale Financial Services

Hello all,
It's been a while, again, i have got to shape up and get on this site a bit more, but so busy with the general hassles of life, anyway, i have received a letter back from CFS, or Barclays Partner Finance as they are now known, regarding my prelim letter, in which they say,
They would like to confirm that the charges applied have been done so in accordance with the terms and conditions of my signed credit agreement where they have been required to write to me due to non payment, they can confirm that they have removed 50% (ish) of the arrears charges applied to my account and as a result the total amount of charges are less than the OFT guidelines of £12.00.
They also say that their complaints procedure has now been exhausted and they are very sorry they are unable to resolve this to my satisfaction.

Here is the interesting part in their own words...........

Barclays Partner Finance 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 involved.

So basically they say they can prove it does cost them £22.50 to send me a computer generated letter if i miss a payment, hmmmm....... i think not.

So onwards and upwards and the good old fashioned LBA

regards Lee x

[Kafka]

Re: Lee v Clydesdale Financial Services

This is a rare admission that they do have a precise calculated figure for costs, and even rarer that they say they can justify such a huge charge for an automated process that costs peanuts.

If they can be forced to reveal this it would be very interesting indeed. I hope that you are going to press this one hard!

[lee in wales]

Re: Lee v Clydesdale Financial Services

I will be pressing this one Kafka, it would be interesting to see what happens if it gets to the court stage, it does seem a bit odd to me that they would be willing to reveal their true costs on this claim, as it is only a small one for about £470, and they wouldn't pay me any money it would just come off the balance that i owe them.
I will write them my LBA letter and get that in the post tomorrow, i am looking forawrd to their response.

Thanks Lee x

P.s. Is this thread ok in here now as its changed from Clydesdale to Barclays Partner Finance?

[Amethyst]

Re: Lee v Clydesdale Financial Services

I'll shift it - never was anything to do with clydesdale bank anyway. lol. Is it okay to pop it in debt forum ? well I will, then leave a redirect so you can find it. glad you agree .

[lee in wales]

Re: Lee v Clydesdale Financial Services

Hello everyone, yet again ive been distracted from getting on with my claim, however, i have sent my LBA off on Thursday just gone, so that gives them until 9th of May to respond positively or court action will commence. I would quite like it if they went to court as they say they can demonstrate the costs involved, it would be rather interesting

Regards Lee x

P.s Thanks Amethyst for putting me in the correct forum xx

[Amethyst]

Re: Lee v Clydesdale Financial Services

Good, glad you are getting on with things at last....set yourself a calendar reminder for 9th May will you, else you'll still be going next christmas

SAYS I whos had a HFC Visa one sitting here since Aug 06

[lee in wales]

Re: Lee v Clydesdale Financial Services

Hi all,
I got a response letter for my LBA, not exactly what i wanted, but nothing unexpected, it says " I must reiterate that the charges applied to your account have been done so in accordancewith th T's and C's of your signed credit agreement where we have been required to write to you due to non-payment. Futhermore it is the customer's responsibility to ensure payment has credited their account by the due date.
Our records show that 50% of the charges have been removed from your account, therefore i am unable to comply with your request to remove any further charges from your account."

They keep telling me that it is all done within the terms and conditions of my signed credit agreement, However they still havent sent me a copy as requested in my SAR request, and although i probably didnt read them properly i'm pretty sure it doesn't say in them that i will be charged £22.50 for a computer generated letter.

I have to swot up now, cus its been a long time since i have filled in an N1 form,

Regards Lee x

[lee in wales]

Re: Lee v Clydesdale Financial Services

Hi, me again,
Just a quick question, when filling in my POC, should i use the the bank account template and just adjust slightly as this is for a loan, and the charges i am getting are £22.50 for a letter being sent out

Many thanks Lee x