Kohoutec v First Direct: - **WON**

[kohoutec]

Hi Guys

I'm about to start the ball rolling tomorrow with my Data Protection Act letter and will update here as it goes along. Im interested to know if anyone has had their FD account closed after getting refunded - I appreciate that some of you have signed a gagging order and so probably wont be able to comment, but if anyone is able to say I'd really like to know - my credit history in the past has been awful, and I could really do without having to open a new account elsewhere if possible!!
Cheers

[monkey_uk]

Noone has, as far as I'm aware...

They may close your account, then again, they might not. If it can be proven that they have closed your account purely because of you taking legal action against them, you *MAY* have a case for redress.

Good luck with your claim, keep us posted!

[kohoutec]

Sounds promising, thanks Monkey, Data Protection Act request is in the post tomorrow so let the fun begin!

[kohoutec]

Had a letter to say my Data Protection Act has been received and my info is being sent out by courier at no charge, so things are progressing. Im interested to see just how many fees I racked up in 6 years!

[monkey_uk]

Make sure you get up early!

I had DHL knocking on my door with my Data Protection Act stuff, at 06:50hrs. Lucky that I was just setting off out to work!

[vix2000]

claim settled, account still open and OD facility not even taken away. (Not my acct so not signed anything.)

[kohoutec]

Originally Posted by vix2000

claim settled, account still open and OD facility not even taken away. (Not my acct so not signed anything.)

Thanks for that vix, just the sort of thing I need to hear!

[kohoutec]

Got my account details today, just had a brief look through so far and reckon I can see about £1000 worth of charges!! Will be sending my letter asking for it back Monday morning registered post

[kohoutec]

OK just totted it all up using the spreadsheet and the grand total is £1680 before 8% interest and £2160.38 with the 8%. Quite a tidy little sum really! I noticed a few charges that just said "TARIFF FEE" for £5 each - I have no idea what these are so left them out to be on the safe side - out of interest does anyone know?

[edit] Interestingly, I've noticed that charges have been coming out on 25th Decemember - as Xmas day is obviously a bank holiday would it not go someway to prove that these charges are automated?

[JeremyKnowles]

Originally Posted by kohoutec

I noticed a few charges that just said "TARIFF FEE" for £5 each - I have no idea what these are so left them out to be on the safe side - out of interest does anyone know?

I had a few of these too, and realised it was during a period that they gave me an agreed (large) overdraft for 6 months and these were the fees associated with it in addition to the interest they were charging which I think is fair enough as I agreed that and i twas cheaper than a loan.

On mine, which I've nearly finished, I just added up the overdraft and excess overdraft fees, and ignored the interest and tariff fee.

[kohoutec]

Originally Posted by JeremyKnowles

On mine, which I've nearly finished, I just added up the overdraft and excess overdraft fees, and ignored the interest and tariff fee.

Thanks, this is what I've done as well

[kohoutec]

OK, all seems to be going to plan, sent my first request off on monday and got the standard "we do not agreee yadda yadda yadda" letter today. LBA goes off on the 6th June

Just realised my LBA goes out on 6/6/6! Not sure if this is a good thing or not

[kohoutec]

LBA sent today

[monkey_uk]

Excellent!

[Spiceskull]

Originally Posted by kohoutec

Just realised my LBA goes out on 6/6/6! Not sure if this is a good thing or not

Good for you - not good for the bank. Good luck.

[Van]

Hi, can you tell me who you write these letters to in the first instance. thanks Van

[monkey_uk]

@VAN:

First Direct
40 Wakefield Road
LEEDS
LS98 1FD

[kohoutec]

Got my reply to LBA yesterday, usually fob off. Claim goes in on tue 20th. Managed to go over my limit by £3 last month (first time in a long time) and the (edit) gits are charging me £75 for the privilege :-s Can i add this to the claim as a "pending charge"?

I was thinking about all this yesterday and realised that by applying their charges on the 25th of each month they manage to get them just before payday, which ups the chance of going overdrawn again from the charges. Coincidence? I think not!

[kohoutec]

OK Guys, today is the day to claim

Could some kind soul cast their eyes over the following and tell me if they think its ok? Im off to the cinema now so wont be able to reply until 8pm (ish). Thanks, really appreciate it (and this site in general, hopefully my donation wont be far away!)
-----
The claimant has a contract with the defendant conducted on their standard terms and conditions. The claimant is claiming the return of money taken by the defendant in the way of charges taken over the last 5 years. The defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Furthermore, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para. 8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has repeatedly asked the defendant to justify their charges but the defendant has refused to do so. The claimant is claiming the sum of £1735 plus £492.21 in respect of interest at the rate of 8% from 25.09.01 to 21.06.06 under section 29 of the County Courts Act 1984.