russellfleet -v- First Direct - **WON**

[russellfleet]

Hi all

First off, great thread - have ploughed through it since I joined on 2 May and didn't take long to decide to go for it

Being the nerdy type, I have all my bank statements for the last seven years, so went through the last six with a highlighter and the b****rs have had 1 234 off me! Which just about matches my overdraft right now, so...

12 May 06: Preliminary approach sent - thanks for the template, which I tweaked a little for my own purposes

15 May 06: got letter from Maureen Watson - not a name I've seen on here so they must be putting more people on the team! No breakdown of charges as requested, plus the usual 'not agree... contention... unlawful... escalate... Kernaghan' guff, plus leaflet outlining the very terms and conditions which continue to be overrturned in the courts - they don't really think this through, do they

26 May 06: LBA sent, increased amount to £1 339 as they'd slapped another £105 on me since then, despite being warned not to - awaiting response.

So... just a few questions. Do most people use the moneyclaim site? Seems to be easiest but I see there's a pdf template in the library for a claim you can send in. Which is quickest or most efficient?

Also, I remember reading on here that it's useful to have a the defence ready in case they decide they really are going to challenge it and there was a reference to something on Radio 4 where a guy froma bank blew the whistle on why they make the charges (to finance 0% deals I think)... wher edo I get a copy of that?

And will I need to supply a copy of the OFT's ruling on Credit Card charges of April ths yaer? If so, where do I get that?

Or am I just being paranoid and overthinking their likely response?

Any hints or tips gratefully received

Russ

[natalie]

Hi and well done for getting started, firstly moneyclaim or N1? Moneyclaim is faster, but if you are on benefits you may not have to pay the court fee if you use the N1 form (there is exemption application form that you can find in the library).

I wouldnt start panicking just yet, have a read of everything in the libraries, if they are going to go all the way to court (which I doubt they will) they will need to send you their defence. What seems to be happening with most of the banksisthey acknowledge your claim, entera defence and then cough up on the same day or a couple of days later.

Everything you have asked for though is in the library.

Natalie

[russellfleet]

thanks natalie - that's most helpful, I'll be checking out the library more thoroughly

nice to hear that the banks don't really want to do the court thing... not that it bothers me, I'm an argumentative s*d at the best of times
well, I'll go the moneyclaim route and wait for the inevitable to happen.

Thanks once again to all you guys who do this stuff, it's nice to see people helping each other. Sort of reaffirms yer faith in humanity, don't it?

Donation will be made once I've set up a paypal account (and got my overdraft paid off! LOL)

Russ

[russellfleet]

hi all

I have done the moneyclaim thing, received 2 copies of a notification that FD have acknowledged and intend to defend the claim... did I have to reply to that? I haven't done so...

got a letter yesterday from DG Solicitors offering me half of what I asked for, along with the confidentiality clause... what's the protocol?

I'm not settling for anything less, and have no intention of staying quiet about it, but I'm not sure how to proceed...

Rules Of Engagement suggest replying saying just that, but some of the threads seem to think that not replying and leaving them stewing is best

thoughts anyone?

Russ

[maisielou]

Hi Russ
No you dont have to reply to the court.................
I received the same letter yesterday offering me exactly half my claim i have just sent a letter to DG refusing the offer......now we sit back and wait for there reply:o

[russellfleet]

Quick update:

Well, I got the letter offering me the full amount, only FD had slapped another £105 in charges on me since the first letter, so I wrote back asking for tat as well...

Then I got the Devil in me and told them that confidentiality was only an option for an extra £3 000

Needless to say, they came back with the same standard mail merge letter offering me my full charges (not the 3 grand on top though) but still with that confidentiality clause in it...

I replied stating that confidentiality is not an option - I intend to get recognition of that, instead of just deleting the clause on confidentiality. I have a problem with that as it seems a bit unassertive to simply change the terms of an agreement without consulting with the other party.

It'll be interesting to see how they react.

And for safety's sake new bank account has been opened...

Russ

FirstDirect:
£1762.17 claimed (inc interest and court fee) via moneyclaim on 12 June 06
Acknowledged 19 June - intend to defend
Half of claim offered by DG 21 June 06 - declined
Full settlement offered 30 June 06 - accepted on condition of no confidentiality clause - outcome pending

now for CapitalOne

[russellfleet]

money in my account first thing saturday 8 july!

I did not return their letter with the confidentiality clause in it, but wrote my own acceptance stating clearly that by by transferring the funds they have accepted my 'no confidentiality' condition so if anyone wants to ask me about it, fire away!

claim concluded - just have to contact moneyclaim to withdraw the action

and am in the process of sorting out my paypal account and a donation to this site will be made....

prelim request to Capital One for £80 in late payment fees now underway

Russ

FirstDirect:
£1762.17 settled in full

[barracad]

Congratulations!!

That is fantastic news.

Please complete our bank charges survey.

And a donation would be greatly appreciated

[russellfleet]

thank you barracad!!

donation made via paypal

worth every penny!!

russ