Patel vs First Direct

[vpatel27]

Hello

 

I am sending off the data request letter today as i have about 1.5 years of statements missing.

 

I was going through the statements I do have and First Direct make it very easy to work out the overdraft fees as they provide a breakdown on seperate sheets.

What I am confused about is that they have 2 different fees.

1. Overdraft Fee

2. Excess Overdraft Fee

 

Do I include both of these in my calculations?

 

Also the interest shown on these sheets, is that the interest I can claim back too?

 

If this is the case, with the statements I have at home it already amounts too £1600!

 

Sorry if this is detailed somewhere else, but I have a good read through and cant find the answer, website is massive now and its hard to find specific information.

 

Thank you

[susie-que]

Hi

I have claimed the overdraft fee and the excess overdraft fee.

There is something elsewhere on this site about interest - I think if the unfair charges resulted in interest being charged then you can claim that back but not the interest you would be paying on your overdraft otherwise.

However, if you get to the moneyclaim/court stage you add interest at 8% but only at that stage (when you also add the legal costs).

 

Sorry I cant be more specific - as I say it is in here somewhere - but how you find it without reading for a week I dont know!!

[DazNorthants]

You can work out the interest on the fees that were over your overdraft. However to be honest it is such a small amount and relatively difficult to calculate. I left it off of mine. I would have hated to get it wrong them give them a nice defence. I my letter requesting payment I did tell them I had left it off at this stage but if they didn't pay up then I reserved the right to add it later.

[tquarter]

An overdraft fee (£30) is when the agreed overdraft is first exceeded or charged when the account is still over the agreed limit going into a new statement period.

 

The excess overdraft fee (£25) is when after first exceeding (already £30 charge) in any statement period they balance increases further into debit.

 

ie - £30 first charge for going over the limit and £25 per day that balance increase further (not per day and not per item)

 

RESULT - both of which should be claimed back

 

HTH

[Chimera]

An overdraft fee (£30) is when the agreed overdraft is first exceeded or charged when the account is still over the agreed limit going into a new statement period.

 

The excess overdraft fee (£25) is when after first exceeding (already £30 charge) in any statement period they balance increases further into debit.

 

ie - £30 first charge for going over the limit and £25 per day that balance increase further (not per day and not per item)

 

RESULT - both of which should be claimed back

 

HTH

 

Wow, really, That's cool. I was thinking I had forgotten I paid £30 per month for the overdraft facility - wondered why it didn't appear on all the statemnts. Sorry to butt in on the thread, but this will add more onto my claim. I was worried anyway, because I hadn't sent my prelim letter recorded delivery. So I will send it again with the revised charges - can't wait to get home and add it up now... might even add the interest!!!

[vpatel27]

Sent letter requesting my data on 14/07/2006

Got a reply today saying they will send all information by courier, they sent my cheques back too so will supply information for free (bonus!).

[vpatel27]

Hi Guys

 

I recieved my statements by courier as stated in the letter from First Direct.

 

Just want to make sure that the charges I add in my total are definetly the ones I can claim for.

I have added the following together

 

Overdraft charges

Excess Overdraft Charges

Recall charges (so/dd)

Unpaid Cheque charge - for which they charged me £80!!!!!

 

Can someone please confirm that all these charges are claimable. Thank you very much

[DazNorthants]

The same as I claimed! yes go for it with those.

[vpatel27]

Got a reply from FD, the usual BLAH BLAH about reading T&Cs when opened account.

If I want to escalate my concerns then I need to write to

Robert Kernaghan

Customer Relations Manager

 

So will be sending LBA today!

 

LloydsTSB ****ed me off today to my cashing my £10 chq for £1000 leaving me pennyless. So perfect day to write ****y letter to banks.

[DazNorthants]

I wouldn't bother - If they want to esculate it, it is for them. I wrote back and told them thank you for blah blah and suggested it was for them to worry about how they dealt internally with the matter and I would be issuing claim in X days. Strangely I got a standard letter from RK two days later but it is a waste of paper anyway as it was exactly the same standard letter as before.

[vpatel27]

Sorry for my language in previous reply! Was a bit angry all in all with being taken for a mug.

 

Well letter is all typed and sealed so will send anyway. Will let you guys know the response and then will probably need help in filling in the court form.

 

God knows i could do with the money right now

[vpatel27]

Got my 2nd letter telling me that they have done nothing wrong, so off to court i go! Will message back in need of help i think, will need it for filling in the court form.

[vpatel27]

Ok can someone please help me with filling in this form. What do I put in Brief Details of Claim??

In the Particluars of the claim, do i just attach the spreadsheet to this as the details??

Thank you soo much

[vpatel27]

Hello Everyone

 

Sorry haven't been around for a while, was waiting on some money so i could afford to put the claim into court. Now have the money so will be putting claim in today. Im a bit nervous about it all. Keep thinking I am going to write down something wrong and then the whole will blow up in my face.

 

Fingers crossed

[vpatel27]

Ok need some urgent help on Moneyclaim form...

Do i tick these 2 questions??

 

Does or will your claim include any issues under the Human Rights Act 1998?

 

Do you want to reserve the right to claim interest?

[G8_Summit]

I have not filled one in, but common sense would tell you No and Yes.

[vpatel27]

Thanks, I figured it out anyway, as i said i was unsure about doing one thing wrong.

Claim completed now, so i guess its a waiting game now. Are there any time limits i should be aware of?

[vpatel27]

Ok had bit of a panic attack yesterday as I remembered that I forgot to put my account number on the claim and also I didnt get an option on MCOL to attach my spreadsheet. I used the online chat and got advised to fax the court so I did that.

ANyway I also received a letter from DG Solicitors after they acknowledged my claim. They have offered £1624.86 in settlement, which I know not to accept as I am claiming £3246.71.

What they also said was that this settlement would go towards reduction of my outstanding debt which is with Metropolitan Collection Service. I don't want it to go there, I want a cheque to me. Can they inforce the money to pay off the debt??

[vpatel27]

Ooo My other question was, when i send the letter to refuse the part settlement, do I need to inform the courts of this too?

[vpatel27]

:-| Hi Guys

 

After the first letter of settlement from FD offering me half the money, I wrote back to them saying that I would accept half but persue the rest, and that i would only acknowldge any payment if it was made by cheque to me (they were offerign to put it towards clearing my debt).

 

Got 2nd letter of settlement from FD offering me the full amount. But they have cheekly said that if i accept they will credit my account. I don't have an account with them anymore!!!

 

So just need some quick advise on my response. I have put so far the following:

 

I respectfully accept your offer of settlement of £3249.71 on the condition that the payment is made to myself via cheque

I will accept the sum offered as full settlement and on the clear understanding that full amount is paid via a cheque made out to Vaishali Patel otherwise I will pursue recovery with the County Court claim as issued.

 

I will not acknowledge any payment unless is made as stated via a cheque.

I trust this clarifies my position.

Is this ok??

Thank you

 

 

 

[joebloggs]

Not sure what anyone else thinks, the original sounded a littel confrontational so i have taken a bit of the sting out of it?

The thing to remember you want your claim to be dealt with quickly and reasonably, no matter what you actually think of the bank, real people have to read these letters and make decisions based on what you write, be nice and polite but firm, it pays dividends at the end of the day.

This of course is only my personal opinion, you are free to deal with this in any manner you choose.

 

I respectfully accept your offer of settlement of £3249.71 on the condition that the payment is made via cheque made payable to Vaishali Patel otherwise I will continue with the County Court claim as issued.

 

I will not acknowledge any payment unless is made as stated via a cheque.

I trust this clarifies my position.

 

 

[vpatel27]

Thank you for your reply. i was thinking back to the LBA letter i sent at the begining of all this. FD have put a default on my credit rating, so I can also put a condition on that being removed has anyone been successful in doing that?

Also how do i refuse the confidentiality agreement?

[vpatel27]

Thank you for your reply. i was thinking back to the LBA letter i sent at the begining of all this. FD have put a default on my credit rating, so I can also put a condition on that being removed has anyone been successful in doing that?

Also how do i refuse the confidentiality agreement?

[joebloggs]

You can either rewrite a letter based on thiers and leave out that clause, or just put a line through the clause and initial it, this seems to be what everyone else is doing.