headsortails vs First Direct

[headsortails]

Hello to you.

 

After ready many of your experiences I decided to give it a go.

 

My request letter is waiting for a cheque for £10 then it will be sent tomorrow. I think it may take a few years off my life, I was feeling nervous and anxious just ready tkcakes story.

 

Hope to update you soon.

 

Thanks.

[monkey_uk]

Looking forwards to the update already...!

[headsortails]

I sent of for the statements with the £10 cheque, cheque was returned saying they would send by courier FOC.

[headsortails]

Got the statements and by my calcs they owe approx £3092, I still have to add this into a spreadsheet.

 

The free statements were worth getting just for the 6 year trip down memory lane.

[headsortails]

Prelim letter sent today.

 

My calcs were incorrect - £3276.00.

[headsortails]

It seems a strange co-incidence that FD have just sent me a letter saying they are closing my bank account with immediate effect because of my overdraft usage.

[monkey_uk]

A lot of a coincidence!

 

Have they ever threatened it before?

[headsortails]

No, they've never mentioned it before, always been happy to just take the fees .

[headsortails]

I got the '[does not agree] charges that have been applied to your account are unlawful', write to Robert Kernaghan letter. Will issue LBA letter on the 31st.

[englishrose]

Good luck and you are half way there!!

[headsortails]

LBA sent

[headsortails]

Recieved a letter saying they are sorry to hear i don't like the way they manage my account and will get back to me within ten days.

 

Roll on 14th September.

[headsortails]

I recieved a letter saying they still don't agree with my clain and that all charges are clearly outlined. Also gave a leaflet about ombudsman.

 

Is this a standard reply?

 

So now I wait for the remainder of the 14 days to expire then start the action?

[headsortails]

I'm preparing the claim for issue on the 14/09.

 

I have this as the particulars of the claim, is it ok? What do I put in the % bit at the end?

 

"I have a contract with the defendant bank dated 09/2000 and which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years. 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 they have declined to do so.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 12/01/2001

to 14/09/2006 of £3,276.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}."

[headsortails]

After much searching I managed to find out what to put on the daily percentage bit at the bottom (I worked it out to be 72p) so do I simply submit this tomorrow?

[headsortails]

I'd really appreciate a little guidance at this stage just before I send the claim.

[mexico31]

Check out my thread for details of my moneyclaim

 

Good luck

 

Nicky

[headsortails]

Thanks mexico,

 

I sent the claim today, as you say in your thread, it is quite scary :s.

[mexico31]

It is scary but when I got home last night and found postie had delivered a letter offering me the full amount of my claim the fear just melted away.

Good Luck… not long now

[headsortails]

Got my notice of claim - fingers crossed.

[headsortails]

I got a letter from DG Solicitors saying HSBC are confident they would win the case though they are willing to pay approx half the money.

 

So now do iI accept the offer but only as part payment of the full amount? They sent a letter to sign to say I agree to the payment - I assume I do not send that?

 

I also got 'Notice that Acknowledgment of Service has been filed', do I need to act on this at all?

[Permanagwent]

Well, here goes another one. I have printed off the DPA letter and will be posting it this weekend. Is there a particular name or address to put on it for First Direct? I had FD on the phone today offering to extend my loan to cover the bank charges they have been levying. They did mention Robert Kernaghan when I asked about getting history of charges.

[monkey_uk]

Hi HorTs,

 

You have a few choices:

 

1. Simply do nothing. This will put the ball into their court as they would be expecting their an acceptence of a refusal, and won't bank on getting nothing at all!

 

2. Accept the offer in full and final settlement (but why bother when you'll get it ALL back anyway?)

 

3. Accept the offer, but advise them that you will still persue them for the full amount.

 

My advice? 1 would be funny to do, but probably 3 is the safest to do.

 

Send them a letter saying something to the effect of:

 

"I acknowledge receipt of your letter dated XX/XX/XX. I am willing to accept your offer of £xxx.xx is relation to my current court claim against your clients (claim reference XXXXXXX). However, this offer is not full and final settlement, and I continue to persue my claim for the full amount (£xxxx.xx)."

[headsortails]

Hey Monkey,

 

Thanks for the help.

 

I think I'll do number 3 , tempted by number 1.

 

Do I send the letter to First Direct or their Solicitors?

[headsortails]

Have send the letter along the lines of number 3.

 

On the Moneyclaim website I have an option on the judgement column to 'Start' then 'Judgement by Default' or 'Judgement' by admission. Since they submitted a defense I assume i choose the former??