Thanks for pm. Get a bit confused, as First Direct are part of HSBC so may be in the same thread, but RBS and BOS are in the same section, although BOS part of Halifax and not related to RBS at all, and I know it makes it difficult for you when people post in the wrong place.

Can you give me some advice on how to follow up from the above letter if we hear nothing, please? I believe one of the moderators has had experience with First Direct before and any help/advice would be gratefully recieved. Thanks.

Thanks for pm. Get a bit confused, as First Direct are part of HSBC so may be in the same thread, but RBS and BOS are in the same section, although BOS part of Halifax and not related to RBS at all, and I know it makes it difficult for you when people post in the wrong place.

Can you give me some advice on how to follow up from the above letter if we hear nothing, please? I believe one of the moderators has had experience with First Direct before and any help/advice would be gratefully recieved. Thanks.

SORRY-POSTED IN WRONG PLACE> MOVED TO HSBC THREAD

SORRY-POSTED IN WRONG PLACE> MOVED TO HSBC THREAD

Sorry I left the account number in. I not others X it out. Is that a problem?

Sorry I left the account number in. I not others X it out. Is that a problem?

Thanks Bankfodder

This is the letter we sent. We gave them 14 days but have had no reply. If we don't do what we threatened in the letter surely they'll think we don't mean it? Why wouldn't they reply?

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

Wednesday, 22 February 2006

WITHOUT PREDJUDICE

Dear Sir,

ACCOUNT NUMBER: xxxxxxxx

I have held the above mentioned current account with your bank for the past 16 months. During this time I have incurred charges of £1136.50 for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonoured (and in some cases honoured) due to insufficient funds.

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

There are many more cases of this type, far more than I have room to list here.

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

With this in mind, I respectfully request that you return to me ALL charges of £1136.50 made on this account in the last 16 months plus £50.13 being 8% APR as allowed by the County Courts Act (1984), within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs. This money would be used in some way to clear my overdraft on this account.

Yours faithfully,

Thanks Bankfodder

This is the letter we sent. We gave them 14 days but have had no reply. If we don't do what we threatened in the letter surely they'll think we don't mean it? Why wouldn't they reply?

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

Wednesday, 22 February 2006

WITHOUT PREDJUDICE

Dear Sir,

ACCOUNT NUMBER: xxxxxxxx

I have held the above mentioned current account with your bank for the past 16 months. During this time I have incurred charges of £1136.50 for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonoured (and in some cases honoured) due to insufficient funds.

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

There are many more cases of this type, far more than I have room to list here.

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

With this in mind, I respectfully request that you return to me ALL charges of £1136.50 made on this account in the last 16 months plus £50.13 being 8% APR as allowed by the County Courts Act (1984), within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs. This money would be used in some way to clear my overdraft on this account.

Yours faithfully,

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

Sorry-put in wrong thread first!!!!

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

Sorry-put in wrong thread first!!!!

£10 on the way. Sorry, Bankfodder, didn't realise the link could be used with the email address.

£10 on the way. Sorry, Bankfodder, didn't realise the link could be used with the email address.

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

So where do the vouchers have to be sent to?

So where do the vouchers have to be sent to?

Hi Dave. Its the least we can do after all the help you've both given us. Do you have a paypal account? It would make it easy for us to send donations to you then.

Hi Dave. Its the least we can do after all the help you've both given us. Do you have a paypal account? It would make it easy for us to send donations to you then.

thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

my daughter managed to get them online for free eventually, although they had originally told her £2.50 each. Anyone with online banking with FD or HSBC can do this.

my daughter managed to get them online for free eventually, although they had originally told her £2.50 each. Anyone with online banking with FD or HSBC can do this.

Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

Is this a timescale rule or due to statement availability? What if you have more than 6 years statements to hand? Thanks.