G8_Summit v First Direct **SETTLED IN FULL**

[G8_Summit]

Hi all.

 

Initial letter sent yesterday asking for details of charges.

 

Can anyone tell me if, after having received a refund of charges, First Direct are no longer charging them for things like going over the OD limit etc ???

[Michael Browne]

If only it was that easy. They'll go on charging,you go on claiming, unless of course they close your a/c

[G8_Summit]

I've just worked out that I've paid £200 in charges in the last 2 months. Its scary how much money thet take without you taking much notice .

 

Can't wait to work out the full amount for 6 years and then start the process of claiming it back

 

Once this one's done and dusted, then I'll start with the credit cards, loan accounts etc.

 

If I get all these charges refunded, I feel a holiday coming on !!!

 

(and a donation to CAG too ).

 

I'll keep you posted.

[Presuming Ed]

God, if only they were that intelligent, they continue charging and thus leaving themselves open to future claims in which they will end up paying 8% + court costs.

[G8_Summit]

Anyone any experience of FD asking for loans etc to be repaid as a result of getting charges refunded ???

[Michael Browne]

Loans are a separate agreement to bank a/c and shouldn't be affected, unless you are in arrears.

[G8_Summit]

Standard reply received today in response to letter asking for statements.

 

Waiting for courier, then the adding up can begin.

[G8_Summit]

14 days since my SAR letter was sent and no statements yet.

 

How long did it take for other people's statements to arrive ???

[G8_Summit]

Hooray - statements arrived yesterday by courier - 300 odd sheets plus notes (makes very scary reading !!!)

 

Total of charges comes to in the region of £1800 !!!

 

Time to add in the debit interest bits.

 

BTW, anyone had any luck with claiming for more than 6 years charges. I have had my account with FD since 1992, so another 8 years worth of charges would surely mount up.

[G8_Summit]

I have sent off my preliminary approach letter. I didn't add any overdraft interest as the amounts were very small (50p etc) and it was confusing the bigger picture.

 

The clock has now started - tick tock....

[caro]

BTW, anyone had any luck with claiming for more than 6 years charges. I have had my account with FD since 1992, so another 8 years worth of charges would surely mount up.

Some people have claimed back 6 years to be on the safe side and when they get their money try claiming further back. It is still relatively untested, so best to stick to the tried and tested 6 years first to make absolutely sure that you get that. Maybe look into that later, so you don't jeopardise your claim.

[G8_Summit]

First go away letter received from FD in response to my initial letter of approach.

 

LBA ready to send on Friday.

[clare hutchinson]

I am at a similar stage to you i have sent the LBA, they have until the 18th to respond before i go to money claim, am getting excited now, you would think tho they would stop being silly and if someone has gone this far just pay them back as i have nothing to loose my account is closed, so am getting that money back. Good luck !

[G8_Summit]

LBA in the post. Roll on 25th August for Moneyclaim

[sixx]

I'm thinking about not claiming for the interest either as its very confusing, do you think it will have an effect on your claim?

 

cheers

 

sixx

[G8_Summit]

The only effect it will have is they they will pay me about £10 less

[rewaugh]

Just printed off the S.A.R letter for posting tomorrow. Let us know how you guys get on for motivation!

[G8_Summit]

I have just registered on Moneyclaim website and was have a go at entering a claim in preparation !!

 

I have to say that it is a bit of a minefield trying to fill in the Particulars of claim.

I used the text from the templates and then added the bit about the 8% interest as prompted by the moneyclaim site. The text then looked like this:

 

The Claimant has an account (numbered

XXXXXXXX) with the Defendant which is

conducted under their standard terms and

conditions. The Claimant claims the return

of money taken by the defendant in the way

of charges over the last six years. These

charges are a disproportionate penalty and

therefore unenforceable as they are contrary

to common law. Further, as a

disproportionate penalty they are 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 then they are unreasonable

within the meaning of the Supply of Goods

and Services Act 1982 s.15. The Claimant has

repeatedly asked the bank to justify their

charges but they have declined to do so. The

claims: a) GBP n,nnnn.nn taken in charges

taken at various dates between nn/nn/2000

and nn/nn/2006. b) Court costs. c) Interest

pursuant to section 69 County Courts Act

1984 at the rate of 8% a year from nn/nn/nnnn

to nn/nn/nnnn of GBP nnn.nn and also interest

at the same rate up to the date of judgment

or earlier payment at a daily rate of GBP nn.nn.

 

 

Now this is way too long and without spaces and blank lines it is almost unreadable.

 

I think someone needs to put an exact template of the text required for this in the templates folder. Any mods care to oblige.

 

As far as I can see, all the text I have got above seems to be required. What can I take out ??

[caro]

You could either take it into court and do your claim on an N1 form which has more space, or just go through and take out anything you can so it still makes sense, but includes everything necessary. The thing is you need to understand exactly what you are taking on when you get to the court stage and should be able to manage it yourself now that you hopefully understand the process and legalities. The template for this is just an example but is not suitable for everyone. It would be impossible to have templates for every eventuality. The site is about empowering people to help themselves, not doing everything for them. We are all volunteers giving our own time freely. Give it some thought and I am sure you could find ways to make it fit.

[G8_Summit]

Right then, decision time.

 

FD sent me a letter in response to my LBA.

 

Blah Blah don't agree blah blah.

 

FD is however mindful of the management time blah blah and is willing to make a payment in the sum of £1685.00 in full and final settlement.

 

This is £200 short of my claim, but no small claim necessary and I would get the money next week.

 

Its sooooo tempting.....

[kwilby]

£200 is a LOT of money ... and it's YOURS! I know what I'd do

 

Keith.

[caro]

Accept it as part payment and tell them you will pursue the balance throught the court.

[G8_Summit]

Nice one Caro. I have just sent them this:

 

Dear Mr Kernaghan,

 

Thank you for your letter dated 16th August and the kind offer that it contained. I would be more than willing to accept this a part payment against my claim.

 

As I have stated in my previous letters I believe that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

My argument is that the bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

I have repeatedly asked the bank to justify their charges but to date you have declined to do so.

 

Therefore I would again request that you refund these charges. The new amount is £xxxx.xx - this includes the recent charges highlighted in your letter. If I do not recieve a satisfactory response from yourselves by my original deadline I will commence proceedings against you as previously stated.

 

Yours faithfully,

I even sent it in their reply paid envelope !!

Lets see what happens now - anyone care to guess ??

 

 

[sixx]

They will lose the envelope ;0)

 

Good luck.

[G8_Summit]

WOO WOO WOO.

 

I've won.

 

Letter today from FD - willing to pay the full amount - including recent charges

 

No need to even send off the Moneyclaim

 

As you can tell, I am quite happy.

 

:D :D