jpb v First Direct

[bscousegit]

Having read through many posts on this site and Moneysavingexpert I asked for the last 6 years of bank charges. I'm now upto the stage of waiting the 14 days following the Preliminary Letter asking for payment.

As expected I've got the usual reply letter saying FD don't think its unlawful.

Going to wait for the 14 days to be up and send the final letter before action.

 

If it goes to applying for a court date, how does the added 8% get worked out?

[caro]

Hi and welcome to the forum. There are 2 spreadsheets in the bank templates library, the first of which calculates the 8% for you.

 

Good luck with your claim.

[bscousegit]

thanks Caro - its good to have the support

 

Unfortunately my computer doesn't support Spreadsheets, so I'm having to work out manually.

Do I have to calculate the 8% from the date it was charged until the date it goes to court (if it goes that far)

[caro]

thanks Caro - its good to have the support

 

Unfortunately my computer doesn't support Spreadsheets, so I'm having to work out manually.

Do I have to calculate the 8% from the date it was charged until the date it goes to court (if it goes that far)

 

Yes that's right and it would be a nightmare to work out that way (for me anyway). Have a look at this free software and see if you can use it. If so there is a spreadsheet in the bank templates library which does the hard work for you. See how you get on.http://www.openoffice.org/

[bscousegit]

Thanks Caro

Downloaded spreadsheet.

£1931 + £597 Interest to claim

Despite the hassle it almost makes you think its worth going all the way to applying for a Court date

[caro]

Glad to have helped. Don't forget the 8% can't go on until the court claim though, but I doubt you will ever have to go to court, but you have to be prepared just in case.

[bscousegit]

14 days are now up.

Sending letter before action tomorrow by recorded delivery.

See what FD reply!

Hold on for the white knuckle ride :o

[bscousegit]

Looked on Royal Mail site - LBA still not received.

Wanting the 14 day clock to start!

[tina_cool]

Don't worry about this - see my previous postings - the likelihood is that you'll have your reply before Royal Mail update their website. Good luck with the claim!

[bscousegit]

I received the following reply before the weekend (As you predicted before delivery date is showing on Royal Mail system);

 

 

I am sorry to learn that you remain dissatisfied with our letter dated 23 June

and I have taken the opportunity to review your concerns.

 

First direct does not agree with your contention that the charges which have

been applied to your account are unlawful and are therefore unenforceable.

The contract between the bank and its customer is governed by our Account

Terms and Conditions. In respect of overdrafts, i would refer you specifically

to Part 2: Operating Your Account, Clause 6.9, which states:-

 

"If your account goes overdrawn without an agreed overdraft limit, or you go

over an agreed overdraft limit, we will charge interest at our Unauthorised

Overdraft Interest Rate on the amount of unauthorised borrowing. We will

also charge you an Overdraft Fee for any statement month when the

balance on your account exceeds your limit, whether for one day or more.

An Excess Overdraft Fees will also be charged for any day where there are

subsequent increases in the excess or reoccurence of an excess during

the statement month. Our Overdraft Fees are published in our Interest

Rates and Chrages leaflet".

 

Our Fees and charges are clearly stated inour published Interest Rates

and Charges leaflet and the circumstances in which these charges will

apply are clearly set out in our terms and conditions which you will have

been provided with a copy of when you opened your account.

 

Whilst I accept this letter will not provide the response that you hoped for,

I trust I have been able to clarify the bank's position. However, I am obliged

to advise you of your right to refer your complaint to the Financial

Ombudsman Service, as this letter constitutes the bank's final response.

 

Further details about the Ombudsman scheme are set out in the enclosed

leaflet and you have six months to refer your complaint to them should you

decide to do so.

 

Clearly, I hope you will not find this course of action necessary and thank

you for taking the time and trouble to bring your concerns to my attention.

Yours sincerely

 

Robert Kernaghan

Customer relations Manager

 

 

When should I send my Moneyclaim Form in?

 

1) 2nd working day after LBA sent - 11/7/06. 14 days would then be 24/7/06

or

2) await cofirmation when letter was received using Royal mail site

or

3) as the bank has said it is their final response, send form in now?

[Michael Browne]

Natural reaction would be 3, and plenty of people do, but standard forum advice is 1. You choice.

[bscousegit]

Moneyclaim form completed online today - thanks to Monkey_UK, used the wording that you used on the form.

How do I log my case on the site?

[bscousegit]

Just an update.

yesterday I got offered 1/2, sent letter to solicitors saying I'm holding out for the full amount owed. Today got letter saying that FD are going to defend in court - 28 days.

[caro]

Don't worry about it. You have done absolutely the right thing. I don't know much/anything about First Direct except that they have not yet gone to court, so I believe they are just trying to rattle you. Don't let them.

[bscousegit]

Thanks Caro

[bscousegit]

I'VE WON, I'VE WON

OFFERED £2650, LETTER SENT WITH CONFIDENTIALITY CLAUSE CROSSED OUT.

ONCE THE MONEY IN ACCOUNT, I'LL DONATE 5%

BRILLIANT - THANKS FOR THE SUPPORT FROM THIS SITE!

[Michael Browne]

Excellent!

Please fill in bank survey & PM mod with details for litigation concluded

Donation much appreciated.

Well done. Enjoy the dosh!

[caro]

Congratulations, I'm really pleased for you.

[bscousegit]

Thanks

Letter received by solicitor, does anyone know how long they take before they pay the money?

I certainly will enjoy the dosh, Michael - I've already spent it in my head!

[bscousegit]

Money received!!!!!!!!!

Want to donate, do I have to register on Paypal? Once registered how do I pay? - never paid with Paypal before