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  1. Hi, I'm a First Direct Customer and have had a mortgage with them for over 15 years. I am so impressed with their customer service, that I bought their buildings insurance. I've had the policy for donkey's years. In May 2015 I had a leak which came in from the next door neighbour. The ingress of water stayed well below the joists and never damaged any flooring or contents. I repeat, water never ever at any point damaged any of the building or my personal belongings! Asprea, which is a claims management company which is owned by Aviva, assigned a surveyor to manage the claim. However, back at Asprea they were going through a restructure, and the surveyor who was assigned was made redundant. He was never replaced. As such, the builders assigned to do the work had nobody there to control them. The repair contractor brought in by Asprea, a company called Alltrades, went on the do the following to my home and personal property, without my permission and knowledge. 1. Remove all the floorboards from the Dining Room, Hallway and Front Living Room. 2. Remove my entire kitchen (cupboards, tiled flooring, contents), which sits on a concrete base, and as such is completely impervious to water. The kitchen was thrown into a skip. 3. Remove all the wallpaper from the dining room, hallway stairs and landing, and front room. You're probably wondering at this point why I've not mentioned anything about the contents of the kitchen, front room and dining room. Well, they were all wrecklessly dumped and damaged into the upstairs 3 bedrooms. The builders, aren't members of any recognised professional organisation in the building trade - such as the federation of master builders, the national federation of builders, or trustmark. I have pictures of everything which I sent to the company, and I have also created a YouTube video showing the chaos left by Asprea and their contractors. The company, Aviva or Asprea has never said sorry, nor has it responded in writing to written complaints, and has just told the Financial Ombudsman that it intends to stop paying for my alternative accommodation at the end of June. I have been out of my house for 11 months, and have moved 15 times!!! 15 times!!! I was forced to live in the following accommodation: 9 days -Stayed in Bedsit 83 days -Lived in a converted garage 6 days -Stayed in Hotel Rooms 20 days -Stayed with Friends 187 days -Not a "like-for-like" property, ongoing Electrical wiring and plumbing problems. Poorly maintained Aviva and Asprea cut all contact with me in December 2015, 6 months ago, without notice or reason. The company has lied to the Ombudsman about what is damaged in the house, and so I have a surveyor coming on Wednesday 18th May 2016, to do a detailed report of what is damaged. What is actually damaged is considerably more than what Asprea claim. Aviva have said that I shouldn't get 1 penny in compensation! one penny! The report will cost me well over £800 to have written. I have just spoken to my household insurer and they tell me that I have legal cover of up to £100,000 to take Aviva to court. I have lots of clear photographs and documents that show everything Asprea have done. The legal advice that I have just received said that it is a cut and dried case of negligence, because of the volume and quality of evidence I have. My case has just moved from Adjudication stage to the full ombudsman. If Aviva (well Asprea) try to evict me onto the street, I'll have no choice but to invoke the legal cover through my household insurance to prevent this! I cannot be turned out into the street. They have broken my home and damaged all of my contents! This is plain just wrong! My video on YouTube is called "My banking and insurance Horror Story - Battle with First Direct Bank and Aviva Insurance". I would urge you to look at it and give me your opinions. Please bear with the length of the video. As you know, long and complex stories are really difficult to edit down. The video does however cut to the chase reasonably quickly to the photographs of the damage. I had no idea that Aviva operated in such a poor and wreckless way, and it's customer service is none existing. I would welcome people to share their experiences of the company, including Asprea. Kind Regards and thanks for listening!, David
  2. Hi - received a Summons today from MKDP and POC claims that is monies due under a bank account facility but in fact was a First Direct Gold credit card! Can someone with more experience confirm we're doing right thing in sending CPR 31.14 for documents to claimants asking for copies of said bank account, original agreement, DN, TN and NoA that they intend to rely on? We're a little confused as to why they are stating it is a bank account when it was very clearly a credit card. We have statements from August 2008 (when the account was terminated?) t hat state it is a 'gold card statement' and looks exactly like a normal credit card one - with credit limit, etc. We're assuming that as it was a credit card they cannot take us to court saying it is a bank account?
  3. First Direct have sent these in response to CCA request. They may well be genuine scans of the front and back of an original document. They have the same "Folder" reference at the top of each page (removed) and have "Page 1 of 2" and "Page 2 of 2" (although the terms are only a subset of those on a separate document, referred to at the beginning.) It doesn't look like it was properly executed - just "Agreement executed" in the box with no date. The date stamp did have a full date on it but it just says "Received", not "Approved" or "Executed" like others I have seen. Anyway, assuming they are both from the same original document, does this form an enforceable agreement? Some views would be helpful please as I'm being pestered by Metropolitan now.
  4. Could someone please help me, I have a debt which was originally with First Direct which I defaulted on 13/06/06 for £14625. The debt was then sold on to Cabot on 21 June 2007, now I am sure the last payment was made on 27 December 2006 & there has been no acknowledgement from me since this date so I know that they would need to have issued proceedings by 27 December 2012. However, I am also aware that once proceedings have been issued they have 4 months to effect service. Mackenzie Hall have now been representing Cabot since 1st February 2013 and I have received 2 letters from them, the first one offered a reduced settlement of £12432.07 and the second letter received on 04th April 2013 offering an Amazing Settlement Offer (their words) of £2925.19 which is an 80% reduction. They have said this is a One Time Offer for which payment must be made by 22 April 2013. It says that if no contact is made by 22 April then collection activity will commence for the outstanding balance in full. On my calculations they would need to serve the court documents on me by 27 April 2013 at the latest. Their last offer, gave me 16 days for acceptance, which seems to be an unusual acceptance period (as I understand matter normally offers are open for 7, 10, 14 or 21 days) and I am concerned that they have deliberately stated that the offer expires on 22 April to allow them a couple of days to serve the proceedings by 27 December and ensure that they are still in time. However, I appreciate that they will be running right to the limit of the time periods and I'm not sure that they would do this? I have a friend who has said that they will pay the £2925.19 for me. However, I am concerned that 1. Payment may not be made in time. The offer says I have to make the payment before 22 April, it is now 20 April (a Saturday) and so I can't guarantee when it will "hit" their account" 2. If payment does not hit their account in time, I will have re - started the limitation period. Please could anyone assist with the above or let me know whether you have any experience of MacKenzie Hall and their tactics.
  5. I'd appreciate any views on the following scenario. I made an application to re-mortgage with First Direct last July - it was for a fixed rate and I paid a booking fee of £899. It was made clear to me at the time it was a non-refundable fee. After a period of c. 24-48 hours I realised that as part of my calculations I had under-estimated th early repayment fee that my current lender, N&P, would charge on my current fixed rate. This was completely my fault and I picked up the phone to First Direct to see if they would be willing to refund my booking fee, bearing in mind we were so early into the application process. They were not prepared to look at this sympathetically, a fact that has been confirmed since upon my formally taking the matter up with them. The basis of my complaint was that as a minimum, there would have been an element of the £899 booking fee set aside to fund the 'free' valuation/conveyencing fees that were implicitly includes in the sum paid at outset. Neither of these have been actioned and it felt to me that First Direct were 'trousering' this money simply because the contract allowed them to. The fact the booking fee was increased to £1499 within a week for the same mortgage simply added to my frustration - surely they could have re-sold/re-allocated my 'share' of the fixed rate tranche to someone else and recouped their 'losses' on my aborted application. So I'm just interested as to whether I have a potential claim under TCF-type principles. I'm conscious that over 6 months has elapsed and the Ombudsman may not now be an option (if it ever was in the first place). Thanks for taking the time to read. Regards Pete
  6. I have a similar case to Chelsea 101's post, below http://www.consumeractiongroup.co.uk/forum/showthread.php?279266-claim-form-from-northampton-county-court-DG-solicitors&highlight=DG+Solicitors+County+Court+Claim Following a NCC Bulk Claim from DG (Dead Grim) Solicitors I used two defences from CAG 1 My account is in dispute because of an earlier action by me that nearly half the amount in the current claim are disputed bank charges,and although DG cites the Supreme Court Decision December last year as invalidating all customer bank charges claims, I continued the action via a Claims Management Company (now in receivership) and once my papers have been forwarded from the Insolvency Service, I will continue this bank charges reclaim Dumb Grown know this yet persisted with the County Court Claim. 2 I have questioned the new contract-consolidation , managed loan or whatever and under CPR 31.14 for the disclosure and the production of a verified and legible copy of the document mentioned in your Particulars of Claim. DG/HSBC failed to supply this in the time allowed BUT on the day of the N150 Allocation Questionnaire deadline last week, they filed an AQ to the Court and sent me a letter this week apologising for the delay in replying to my CPR requests out of time, saying they are waiting for a copy of the agreement from HSBC. Are DG just doing this to curry favour with the court or are they still trying to 'frustrate proceedings'? What is my next response? Advice please
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