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    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
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Jill F Vs First Direct


Jill F
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I'm just starting to look into this whole process of claiming back charges.

 

It will all be overdraft stuff that my claim will relate to but I am a little confused as to exactly what to claim for .

 

I've tried to get clarification from other threads but I am still confused! Sorry, might be a bit thick! Financial stuff has a habit of making glaze over...

 

I have on my account, 'Excess O/D fee', 'O/D fee' and 'Interest'. Depending on my spending some months have all or some of the above. The only charge that is constant is 'Interest' as my account is always overdrawn.

 

Please can somebody help me to understand exactly what I can claim for.

 

Thank you.

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Hi Jill,

 

It really does take a few days to get your head around all the arguments and all the information, but everything you need is in the FAQs - there is even information as to what is recoverable and what is not.

 

You will be setting a timetable (the timetable that the bank says it will work to is irrelevant). In the FAQ you will find 'first steps.' Start this, be clear on what your first step is (requesting the info from the bank so that you can calculate what they owe you)

 

Whilst waiting for the info, read up on your next step. If you make sure you stick to your own thread in the relevant area (eg [username] claim against [bank]), and use this as a sort of diary which you can update as things progress. It will also enable you to check responses to your questions, and people will be able to find your thread a lot easier.

 

Good luck.

 

You are here, you want your money back, you will get help and support in this, but it is YOUR call, and you must be prepared to put in the effort.

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Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Hi Jill. Welcome to the site. I have just put a court claim for FD for my daughter. Basically you can claim back excess o/d and o/d charges but not interest. Have you got your statements available or do you need to request them?

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Thanks for your reply.

I'm self employed so I think I may well have 6 years of statements in my old files. However, being in the process of moving house these are in storage at the moment! I do understand how to request them if necessary, that feels like the easy bit.

I have quite a large overdraft with FD and I am worried if I set the ball rolling that they may try and close my account and demand repayment of the o/d. I couldn't repay it myself at the moment, but thought if I added up the charges they have taken from me, if this covered the o/d then I would know it could be repaid... by them effectively!!

If you have any other advice it would be gratefully received.

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Hi Jill. My daughter also has a large overdraft but her charges are more. In the letter we sent from the library section of this site it does state that when the charges are repaid the overdraft will be cleared. Unfortunately the bank can close the account so most of the advice on here recommends that you already have, or can open a 'piggy back' account just in case . My daughter already has a halifax acct and isn't bothered if they close it. I think the bank can't close the account while you're disputing the charges, but I'm sure one of the mods will verify this for you. We got the statements quite quickly, and given that the schedule is 1st letter 14 days, letter before action 14 days then small claims application, the sooner you've worked out how much they've taken from you the better. Read Mondeo's threads as he's already made his court application and is a step ahead of us. Its nice to read other peoples progress, and I've found FD follow exactly the same process with everyone, so you know what to expect. Good Luck.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Hi Vix.

It has just occurred to me that even if the charges don't amount to enough to pay off the whole of my o/d and lets say worse case scenario FD do demand repayment, I could always do a 0% balance credit card thing to pay off the remaining amount couldn't I!?

That thought in mind I feel a bit better, so will look into opening another current account just in case and continue to do my sums to see what they owe me.

Will look at Mondeo's threads too, thanx for the tip.

I'll keep you posted how I get on, would love to know how you progress too.

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Mondeo's just posted saying there's a problem with his court application. Something to do with not putting the interest in the right place on the form. May have to re apply. So his might be delayed now, which is a blow.

 

I really don't think they'll close your account while you're claiming as this would be seen as unfavourable by the court. If your charges pay most of the od off your new bank may give you an od to cover the balance?

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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I've just finished doing my sums. Although I'm missing at least 12 months worth of statements over the past 6 years the charges so far are just under £1,000. Well worth claiming back, don't you think! I shall wait for the move to happen first, to see if I do have the other statements in storage and just so I can focus on one thing at a time!!

I know you said I could claim Excess O/D fee and O/D fee, are you 100% sure? Simply because I'm sure I read somewhere that you couldn't claim O/D fee, because that is what you pay for the service they offer you??

I shall go and have a read through Mondeo's stuff now.

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No, they are both illegal penalties and do not reflect the amount your actions have cost the bank. Your interst more than covers their losses. Be assured all my claims include both. Charges are not a service.

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If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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No probs. have a good read and if you've any questions, ask. Someone should be able to answer you. When I joined I spent hour poring over different threads and still have to ask question, sometimes.

If you found this post helpful please click on the scales, top right. Thank you.

 

If you find this site helpful and if you reclaim your charges please donate by clicking the button at the top of the page

 

First Direct 1 - settled

First Direct 2 - settled

RBS 1 - claim made 8/5/6

RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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  • 12 years later...

This topic was closed on 03/08/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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