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    • Thanks for coming back and letting us know.  This is much appreciated because sadly most people don't. We have a new Alliance case which has pushed me to look at old cases.  The good news is that, for all their bluster, Alliance have never had the bottle to take a Cagger to court. Please do come back though if they ever send you a Letter of Claim.
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First Direct v Confused


mexico31
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Thanks

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Hi All,

 

God... so much to take in that I don't really know where to start.

 

I have been online and noted down all of my charges with FD and think i'm ready to roll. I have made a copy of the Preliminary approach for repayment template. I know i also need to attach a copy of the charges but how shall i format this? Just put the info into Excel and attach?

 

Thanks in advancce for your advice

 

Nicky:???:

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  • 2 weeks later...
  • 4 weeks later...

Got the backdated account info from 1st direct and now ready to roll. I am popping out at lunch to send the letter and attached summary of charges and I am VERY EXCITED.

:p

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  • 2 weeks later...
  • 2 weeks later...

I raised a similar question the other day - actually I had come up with the text, but was having problems fitting it into the MCOL webpage.

I was basically told to work it out myself as by this stage we should be fully aware of the implications etc etc.

 

Still I managed to do it and used this text:

 

Claimant has account (A/C No) with Defendant

from (Date a/c opened) conducted on their

standard terms and conditions. Claimant is

claiming the return of £nnn.nn taken by

Defendant in charges over (X) years. The

Defendant's charges are a disproportionate

penalty and therefore unenforceable as they

are contrary to common law. They are also

invalid under the Unfair Contracts Terms Act

1977 s.4 and under the Unfair Terms in

Consumer Contracts Regulations 1999.Para.8

and sch.2.1.e.

In the event that the charges are not a

penalty they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15. Defendant has declined

justification of charges despite repeated

requests. Claimant claims interest under

Sec.69 of the County Courts Act 1984 at a

rate of 8% a year from(Date of 1st charge)

to (Date of filing claim) of £nnn.nn and

also interest at same rate up to the date of

judgment or earlier payment at a daily rate

of £n.nn.

 

You need to be careful to format it using a text editor to ensure that it doesn't break over more than 24 lines.

 

Hope this helps.

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Thanks so much, thats such a help. Just one question.... At the bottom when it says....

 

"and also interest at same rate up to the date of

judgment or earlier payment at a daily rate

of £n.nn."

 

Do I calculate 8% of the total claim and put the amount in??

 

 

Thanks again for your help

 

:)

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Dont be, i was when i put my claim in on august the 2nd. Now accepted full offer and just waiting for it to be placed in my account. So relax and it wont be long.

First Direct Data Protection 5/06/06

SETTLED IN FULL 23/08/06. £4412.30 charges plus 8% interest and court costs .

OH Halifax Data Protection 05/05/06

SETTLED IN FULL 23/08/06 charges plus 8% interest and court costs £738.78

MBNA SSettled in Full before court action.

Yorkshire Bank - Pre lim stage

Royal Bank of Scotlcand pre lim stage

Argos Card Services pre lim stage

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  • 2 weeks later...

Any news, mexico31?

Current projects:

 

First Direct

MCOL Filed 24/9/06

£3116.60 including 8% interest

Offer from DG £1618.30, 3/10/06. Accepted as Partial Payment Only - pursuing remaining ££££

Offer for £3236.60 (full amount, plus court charges) from DG 10/10/06.

Accepted, crossed out confidentiality clause, funds cleared. Thanks to all for help and support.

Barclaycard

MCOL Filed 4/10/06

£1370.22 including 8% interest

Payment of £216 (:lol:) received. Settlement politely declined...

Allocation Questionnaire received 8/11/06

 

Smile

Prelim sent 23/09/06

LBA sent 27/10/06

£2435

Payed in full, just before MCOL, 17/11/06

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