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

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  1. #1
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    Default us2 v First Direct

    Hi - me and my wife have sent letters requesting statements - mine for the time I had my account (now closed) which was about 3 years and my wife's for the whole time of her account (10 years?).

    They sent us both replies with our cheques returned stating that they were not necessary.

    My reply says that they will send me all my statements by courier. My wifes, which she forgot to sign, was returned telling her it was not signed and that they could only supply six years which was the maximum length of records that they keep. They provided an envelope to return the signed letter in.

    I sit possible to request more than six years as this lot really worked my wife over before I met her and cashed thousands from her - I have read in the FAQ that it may be possible to claim back further than six years.

    Can anyone help?

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  2. #2
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    Default Re: us2 v First Direct

    Situation at present is:

    Wifes letter returned unsigned - returned to FD awaiting statememts.

    FD sent me a letter telling me they would send statements - never arrived. I then got a letter claiming they tried to deliver them although most couriers would leave a card would they not?

    Sent them a letter saying I would pick up the statements in the branch which I did.

    Have now composed and sent a letter asking for £205 back for myself - wife to follow soon hopefully.


  3. #3
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    Default Re: us2 v First Direct

    These banks use all the delaying tactics they can.......but the outcome will still be the same stick with it

    Barclays claiming £5269.63
    LBA sent 17/05/2006
    money claim filed 31/05/2006
    court date 8th September 2pm
    offered full refund 1st Sep
    money credited to account
    2nd September

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  4. #4
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    Default Re: us2 v First Direct

    Surprise Surprise!

    This morning my wife got an identical letter saying they tried to deliver her statements but could not - definitely delaying tactics.

    I wonder if I could force them to show me proof of the delivery attempt under data protection?


  5. #5
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    Default Re: us2 v First Direct

    Im sure that if they try and delivery anything and you are out they have to leave a card.........i would find out the delivery company give them a ring and see if they have tried to deliver.......then get back to the bank

    Barclays claiming £5269.63
    LBA sent 17/05/2006
    money claim filed 31/05/2006
    court date 8th September 2pm
    offered full refund 1st Sep
    money credited to account
    2nd September

    Help this site to keep going please donate by clicking the button

  6. #6
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    Default Re: us2 v First Direct

    Ours were delivered by DHL at a very early time in the morning.

    First Direct - £2791.84 received in full and final settlement.
    Cahoot - Agreed to settle for full amount of £2024
    Abbey National - AQ questionnaire returned and 50% offered
    Lloyds Bank - AQ questionnaire returned

  7. #7
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    Default Re: us2 v First Direct

    I have just joined the quest to get my money back. After a months wait my husband and I (separate accounts) recieved 6 yearsicon worth of statements. After calculating the amount they owe us, do I then request the money back?


  8. #8
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    Default Re: us2 v First Direct

    Did you read the FAQ?

    You can only claim back 6 yearsicon, so there is no point asking for 10 years worth.

    If you point the bank to the relavent parts of the data protection act you will find they respond very quickly after that. FD delayed with me until i sent them a stinking letter pointing out that they are in breech of the DPA. Send it to Linda Young.

    It's all in the FAQ's.

    Give a man fire and he'll be warm for a day. Set a man on fire and he'll be warm for the rest of his life.

    ************Disclaimer *******Don't take my advice. I have no idea what I am talking about. If you take my advice you must be bonkers or something.

  9. #9
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    Default Re: us2 v First Direct

    Quote Originally Posted by jantay10
    I have just joined the quest to get my money back. After a months wait my husband and I (separate accounts) recieved 6 yearsicon worth of statements. After calculating the amount they owe us, do I then request the money back?

    See the FAQ.

    Give a man fire and he'll be warm for a day. Set a man on fire and he'll be warm for the rest of his life.

    ************Disclaimer *******Don't take my advice. I have no idea what I am talking about. If you take my advice you must be bonkers or something.

  10. #10
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    Default us2 v First Direct part settled (me)10/06/06

    If First direct are reading this - Hi!

    Well, today I got a letter for my claim of £205 for my account with FD which I closed around a year ago. I have a form they have given me to sign which does not include any confidentiality clause but does say that I accept "Full and finalicon settlement of my complaint against the bank".

    1. this doesnt mean I have to remain siulent about my complaint?

    2. Does this mean that I am accepting that their version of events is right?

    3. Shall I accept this and let them go?

    We are still to receive my wife's statements which are for a considerably larger amount - can't wait....


  11. #11
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    Default Re: us2 v First Direct

    Threads merged - Please stick to one thread!

    Unless the correspondence says the payment is confidential, then you do not have to stay quiet. By accepting the payment you are not saying they are in the right - you are never going to get them to admit their charges are unlawful.

    Why are you considering rejecting the offer? From what I can gather you are claiming £205 and they are agreeing to pay £205 - is there something I've missed?

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  12. #12
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    Default Re: us2 v First Direct

    I'm greedy like First Direct!


  13. #13
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    Default Re: us2 v First Direct

    I really don't understand what you're getting at?

    You're only claiming £205 so how would rejecting it help you out in any way???

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  14. #14
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    Default Re: us2 v First Direct

    If you were thinking about the 8% interesticon ...you can only claim that if you have filled a claim with the courts
    cant see why you wouldnt accept full payment??

    Barclays claiming £5269.63
    LBA sent 17/05/2006
    money claim filed 31/05/2006
    court date 8th September 2pm
    offered full refund 1st Sep
    money credited to account
    2nd September

    Help this site to keep going please donate by clicking the button

  15. #15
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    Default Re: us2 v First Direct

    hey guys - I just wanted to know if there was any way to extract any more from our friends - I guess from your reponses I can see that the answer is no.

    I suppose I expected more of a fight.

    Roll on the wife's claim!!


  16. #16
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    Default Re: us2 v First Direct

    Received my wife's statements today and going back to April 2000 there is a total of £1024 charges. The worst of it is, the 2 years before this there would have been masses more as she had to sell her property due to debt problems caused by credit card companies, First Direct and others. Is there any way we can force them to get earlier statements - they claim they only keep records for 6 yearsicon but they have supplied us with account notes going back to 1994. I would like to add a charge for interesticon and all the stress it caused her in the past - can I justifiably do that before court action?


  17. #17
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    Default Re: us2 v First Direct

    I get the impression from your posts that you are trying to get more out of the banks than you are entitled to.

    First you wanted to refuse an offer which was actually for the full amount, now you want to add on extra amount for "stress".

    This site was set up to help people to claim back what is rightfully theirs, not to rip off banks or to get back more money than they're entitled to. If you want to try and get back more money then so be it, but you are unlikely to get any support here as it does not fit with the ethos of the site.

    I will warn you that if you did proceed as you intend and refuse an offer of full settlement and the case reached court stage, then by refusing a full offer you would be seen as acting unreasonably. Although you may still win the case and get your charges refunded, as you have acted unreasonably the judge could order you to pay the bank's legal costs, which could run into thousands or even tens of thousands of pounds.

    If you want to continue and claim back charges as everybody else is then please continue to ask for advice and you will get plenty of help and support, but if you decide to do it your way you will do it alone.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  18. #18
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    Default Re: us2 v First Direct

    I am merely trying to find out the state of play in regards to what we can and can not claim. For instance - I believe I SHOULD legally be entitled to the 8% but as it is, in this case, just on the small amount of £205, I have decided to accept the order and be happy with it.

    You will see I have posted regarding my wifes problems - I think a payment for stress etc should be paid as it led to her losing her house. We are now in a position where unfortunately the housing market has exploded so rapidly that we will never own a property unless we are extremely lucky. However, I am hardly likely to claim such an amount if it is unlikely we would receive it. I believe banks and large financial organisations, although they are providing a service to make themselves money like any business, prey on the weak and ignorant - neither of which we are - so should be made to pay for the damage they cause.

    We are not trying to claim anything we do not deserve and think this a great site which we will donateicon to upon receipt of our monies.

    I would ask you please be a little gentler with newbies trying to find their way in the maze!


  19. #19
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    Default Re: us2 v First Direct

    To claim for 'stress' you would need to prove that the house was lost purely because of the bank charges. Again, if it made her ill, then you would have to prove that her stress/illness was caused purely because of bank charges.

    To do this you would need a medical report stating that any stress etc was caused purely because of bank charges - if this was only part of the reason then it's not going to get you very far. To get a medical report such as this would not be cheap and would be a considerable upfront investment - I really wouldn't go down this route unless you are 100% sure that you can prove that it has been caused purely by bank charges.

    Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.


    "Some people say The Stig chews on spark plugs and drifts while walking. Some say he is terrified of ducks, and that there is an airport in Russia named after him. All we know is that he is really barracad from The Consumer Action Group" - Jeremy Clarkson (allegedly)



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  20. #20
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    Default Re: us2 v First Direct

    Could you have a look in my thread in the general section of thebank action group regarding statements? Again - I only want to charge what we are entitled to. I don't think I will be going down the stress route.....



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