Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
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  1. #1
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    Default Mindbomb -v- First Direct **BIG ONE WON**

    Hello all.
    Sent DPA letter 08/04/06 recorded to FD and it is still showing as undelivered on Royal mail website.
    So I have just marched a new request, enclosing £10, down to my local HSBCicon for which I now have a receipt. I am only missing a few of my statements and have worked out from what I have that they have kindly relieved me of £4000 over the last 6 yearsicon. I reckon I could be getting close to the £5000 ceiling once I get the missing ones.
    So we're off and running.
    Thanks for all the excellent info on this forum.

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    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  2. #2
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    Default Re: Andypatti V First Direct

    Well done.

    Keep us posted.


    Like the sig. ... Or in modern parlance: Come on, punk, make my day! (a very liberal translation )

    Apologies to people who I was in the process of helping, I may be gone some time.

  3. #3
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    Default Re: Andypatti V First Direct

    thanks for the translation bookworm - I did wonder what that meant.

    Good luck to Andypatti too


  4. #4
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    Default Re: Andypatti V First Direct

    Quote Originally Posted by Bookworm
    Well done.

    Keep us posted.


    Like the sig. ... Or in modern parlance: Come on, punk, make my day! (a very liberal translation )
    Will do BW. Perfect translation.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  5. #5
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    Default Re: Andypatti V First Direct

    Quote Originally Posted by oops a daisy
    thanks for the translation bookworm - I did wonder what that meant.

    Good luck to Andypatti too
    Thanks oops a daisy - watching your thread with interesticon.
    Good luck to you too (but luck not important to us me finks)

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  6. #6
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    Default Re: Andypatti V First Direct

    Hello all.
    Got all my statements today for April 2000 - April 2006 (from postie not courier as they said).
    I've worked out the charges to be £5001.00.
    Bloody typical!
    Now, I've done my search for "sever" and "severing a claim" and am thinking I should not claim for returned DDs at this stage as it will reduce the claim by £675 and so well within the £5000 limit for small claims.
    There seems to be differing opinions on how best to reduce the claim to under 5k and I'm only just over so I would appreciate your comments.
    Sorry if I'm being dim.
    Thanks in advance.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  7. #7
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    Default Re: Andypatti V First Direct

    Just don't claim for April and May 2000 although you'll have to be wary of adding interesticon because that will probably take you over the £5k limit.


  8. #8
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    Default Re: Andypatti V First Direct

    Good idea.
    If I miss off May 2000 it knocks £37.5 off the claim although I might just "miss" a smaller £15 charge elsewhere instead.
    The moneyclaim is up to £5000 net of interesticon and costs so that's not an issue.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  9. #9
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    Default Re: Andypatti V First Direct

    People have filied claims for more than £5k and have had out of court settlements.

    It is up to you to weight up the risks and make an informed decision.

    If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

    [B][FONT=Trebuchet MS][SIZE=3]The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.
    --

    Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07



    First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

  10. #10
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    Default Re: Andypatti V First Direct

    I saw that one recently. Excellent result!
    I think if I was claiming considerably more than £5000 I would be tempted but as I'm only just over, the risks, are not worth it for me.
    I think I'll accidentally miss a £15 charge off. A recent one obviously
    Thanks for your comments though and good luck with your claim.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  11. #11
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    Default Re: Andypatti V First Direct

    Update.
    Prelim' approach for repayment of £4948.50 sent Saturday.
    Will let you know when they tell me to get lost!

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  12. #12
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    Default Re: Andypatti V First Direct

    Got my letter...
    First Direct does not agree.......Ts&Cs........ ..when you opened your account......Robert Kernaghan..........8 weeks matters resolved.........Financia l Ombudsmanicon..............'L istening to your comments' leaflet.............FOAD. ....

    lbaicon written, primed and ready for firing next Saturday (14 days after prelim' approach letter date).

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  13. #13
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    Default Re: Andypatti V First Direct

    good good! keep us posted!

    If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

    [B][FONT=Trebuchet MS][SIZE=3]The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.
    --

    Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07



    First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

  14. #14
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    Default Re: Andypatti V First Direct

    Good evening one and all.
    OK it got fired Monday 10 am 1st class, recorded.
    So, obviously, they'll say 'sorry old chap' and refund me post haste
    Well, just in case, you understand, I prepared a moneyclaim .
    Should get a GFY letter tomorrow (ish) by my reckoning.
    Well done Monkey BTW.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  15. #15
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    Default Re: Andypatti V First Direct

    Hi Mindbomb - I assume GFY means Good For You? lol

    Best of luck with your claim - keep us posted


  16. #16
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    Default Re: Andypatti V First Direct


    I don't mean to sound bitter, cold, or cruel, but I am, so that's how it comes out.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  17. #17
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    Default Re: Mindbomb V First Direct

    Morning peeps.
    Well waddya know?

    Got a letter this morning...

    14 May 2006

    Dear Mr Mindbomb,

    Account: Mr Mindbomb Number: XXXXXX-XXXXXXXX

    Despite my previous letters, I am concerned that your acount is now £1254.77 overdrawn without prior agreement. This balance may not include any payments you have made to your account today or any pre-notified and accruing charges.

    As I am not prepared to see this debt increase, I regret that I have no alternative but to withdraw all of your banking facilities. I require the immediate return of any unused cheques, together with all First Direct cards, which you should cut in half for security purposes. This will prevent the appointment of an Agent to collect them from you, with all the associated costs being debited to your account.

    Any overdrafticon facilities are now cancelled, as are all direct debits, standing orders and automated bill payments which were previously paid from your accounts. Should you currently use the internet banking or internet sharedealing service, these will be restricted to'read only' until further notice. You will still be able to view your account(s) and send electronic messages to us.

    If you presently subscribe to firstdirectory, this will be cancelled 30 days from the date of this letter, at which time all benefits associated with the package will cease. I can confirm that, as a result of this cancellation, you will cease to be covered by the travel insurance or mobile phoneicon insurance provided under firstdirectory and so you should consider seeking alternative insurance cover where appropriate.

    As I now require your proposals for repayment of the outstanding debt, please complete and return the enclosed Financial statement within the next seven days. Alternatively you may telephone the details to the Credit services team on 08 456 100 189. We will review your overall financial position, consider cases of hardship sympathetically and do all we can to ensure that an acceptable repayment programme is agreed.

    Unfortunately, failure to respond to this letter may result in details of your accounts being passed to Credit Reference Agencies. These agencies supply information to lenders in order to establish an individual's credit history. Lenders then use this information to help decide whether or not to accept applications for credit from their customers. If details are given to Credit Reference Agencies, you may find it difficult to obtain credit elsewhere in the future.

    It is important that we agree a way forward as soon as possible, particularly as charges will continue to accrue in the meantime. I therefore look forward to your prompt response.

    Yours sincerely

    Chris Broom
    Head of Credit Services

    Now I'm feeling punchy. Especially as I have another account with £860 worth of charges to reclaim as well as others for this account (that don't amount to much) and no doubt older ones that have previously been left off my claim. My account has been with them since 1997.

    What do you think?

    My OD up to this point was £800.

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  18. #18
    Mumofthreeboys
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    Default Re: Mindbomb V First Direct

    'As I am not prepared to see this debt increase .......' - I think you should write back to Chris Broom enclosing a copy of your lbaicon and maybe pointing out that if FD hadn't stolen £xxxxxxx from your account in the first place perhaps you wouldn't be in this situation.

    Also, list your charges for postage to return the cards and cheques, etc.


  19. #19
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    Default Re: Mindbomb V First Direct

    Yeah, pretty much what I thought I'd do.
    They have sent me a prepaid envelope - bugger!
    Here's what I'm thinking of sending.
    Comments please.

    Dear Ms Broom,

    Account Number: xxxxxxxx

    Despite my previous letters (copies enclosed) I am concerned that you continue to withhold nearly £5000 pounds of my money from my account.

    I have enclosed said cheque books and cards, cut in half as you demanded.
    The banking facilities to which you refer, I have no further need, as my finances have been transferred to another establishment.

    My proposals for repayment of the outstanding debt are quite straightforward. As soon as you repay to me the unlawful charges my letters refer to (see above) I will be more than happy to repay you.

    May I remind you that you have until 28th May 2006 (again see above) to repay these charges otherwise I will be instigating court proceedings without further notice.

    Yours Faithfully



    Mindbomb

    Nemo me impune lacessit!
    The hours of folly are measured by the clock; but of wisdom, no clock can measure.
    As long as one person lives in darkness, then it seems to be a responsibility to tell other people.

  20. #20
    Mumofthreeboys
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    Default Re: Mindbomb V First Direct

    Do it. Get it in the post today.



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