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    • @BankFodder sorry for the delay and thank you for the lengthy reply. Yes, I agree. It's a small business and the guy is very very decent. I know someone else said my priority shouldn't be worrying whether he gets shafted but I'm not here to try and screw him over because I feel like if someone behaves decently and gets exploited, they might not behave so kindly in the future. I know DX mentioned he thinks I've caused the issue by leaving multiple instructions, but I have already explained why and both instructions were to leave it with a neighbour and there was nothing advising the driver to abandon the parcel on my doorstep. I don't think leaving it there could be considered a safe place.  I am still waiting on the retailer to respond. Ultimately, I wanted to know how he would proceed if DPD's response isn't favourable. I am certainly not looking to cause any problems. I just want my laptop. I will read the other posts for sure. I've been a bit preoccupied with family stuff. I have nothing in writing from DPD as I phoned them, but they did advise it should be the retailer that liaises with them. I tried contacting the driver straight after deliver via Whatsapp, as that's an option, but it said I couldn't send him a message and I have kept that log. We all know who took the parcel on our street, because that person has a history of parcel theft, but I don't have a doorbell camera or cctv. Police are refusing to intervene, despite the fact that I, along with several other people, spotted another's neighbour's parcel in said "suspect's" car and confronted her to get the parcel back. If the police had acted sooner, I might have had a better chance of getting the parcel back, but I suspect the laptop has long been sold on.  When the retailer responds, I will send him the link to this thread. Hopefully, he will benefit from the information on here as well.
    • @dx100uk none of the instructions advised them to leave the parcel on my door step and without such instructions., I'm struggling to see why they think it's ok to just dump it there.
    • I have checked. No recording was triggered by the camera - I don't have loop recording, only proximity and vibration sensor triggered recording - abs and since he took photos from afar and did not physically touch my car - no recording was done. 
    • He also useing he girlfriend to phone and mesage people as well
    • No TIC sheet with journeys history as I can see within the letter pack. Should there be one? Maybe they didn't look into it thoroughly?  No other pleading letter, only the one from above.
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CG - vs First Direct


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FD have offered me £1276 in overdraught fees but they are saying that the returned direct debits are not part of the OFT ruling, should I accept of push for the additional £1000.

 

Thanks for any advice

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Can anyone advise me First Direct have refused to pay me the £2279 I say they owe me, they have offered my overdraught charges of £1276 but say the other charges for returned DD and Cheques is not part of the original OFT ruling. SHould I accept or pursue them. The next step is court I guess but am concerned with these cases being thrown out of County Court.

 

Any advice appreciated

 

Thank you

 

Chris

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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In my opinion you should hang on in there for all of it, but I am only filing my first claim at the moment, so please don't take my word for it.

 

Seems to me, they are probably a little worried and think by offering you quite a large sum, rather than a small sum, or disredaring you requests you are more likely to accepy - hence saving the 1k. It's all a game to them to see how mcu they can save, unfortunately, it's not a game for us, it is our money they have taken!!

 

In my opinion, hand in there for full payment - do you think the returned d/d's and cheques cost them that much? probably not! BUt at the end of the day, it's up to you.

Cahoot

JBD issued - 27/07/06, warrant issued 08/08/06

First Direct

Settled in Full

Capital One

Prelim Sent

Citi Financial

Offer of difference betwen £30 and £12

GE Capital - Evans Card, Data Protection Act

Argos Card, DPA

Barclay Card, 8th May-DPA, 14th July- 2nd DPA (asking complete history!!)

Egg Card & Egg Loan,DPA

NatWest Card

LBA

Vodfone

3rd letter re: default

Studio & Ace

Prelim for Studio e-mailed

 

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Can anyone advise me First Direct have refused to pay me the £2279 I say they owe me, they have offered my overdraught charges of £1276 but say the other charges for returned DD and Cheques is not part of the original OFT ruling. SHould I accept or pursue them. The next step is court I guess but am concerned with these cases being thrown out of County Court.

 

Any advice appreciated

 

Thank you

 

Chris

 

Of course they are. It's just another attempt by the money lenders to confuse the consumer. Tell them that in view of their comments you will sending a copy of their letter to the OFT & asking them to confirm First Direct statement. In the meantime commence your proceedings

 

They aren't being thrown out of court some have been stayed. The Elliot v Lloyds case which I supect is the matter you refer to has been settled in full by Lloyds to the claimants benefit. Those that had been stayed can now go ahead.

 

I must say I'm very surprised that you are on the site & don't already know this. Go to search & type in elliot

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Hi Chris, welcome to the forums.

 

OFTEL has nothing to do with it.

All these charges are punitive charges and therefore unlawful under common law and statute and can all be reclaimed.

 

I presume you have all your statements? If not then send a Data Protection Act SARS letter enclosing the £10 maximum fee.

List all the charges you wish to reclaim...... the best way is to enter them all into a spreadsheet.

Next send the preliminary letter requesting repayment of the charges, enclosing a copy of the spreadsheet as your "schedule of charges".

After 14 days send the "letter before action"

If after a further 14 days, you have not received a favourable response then fill in the Moneyclaim on-line to start proceedings against the bank.

 

All these letters and the spreadsheet template are available in the Bank Templates Library. They are all well-tried and tested.

 

Most important !

Read the FAQs and library sections thoroughly. These will answer most of your questions.

Start your own thread in the appropriate bank forum and post any questions you may have in your own thread. The answers will not be far away.

 

It is most important that you understand what you are doing if you want to succeed in your claim.

Remember, you are taking on a large financial organisation with unlimited funds and a legal department that doesn't want to play ball with you.

If you follow the procedures that have been proven to work then you WILL SUCCEED.

If you don't follow them, then you will only have yourself to blame if things don't work out.

 

Knowledge is power !

Read the FAQs

Good luck with your claim.:)

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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Sorry about that, I was dealing with a phone problem, earlier.....

 

Call it a "Senior Moment".

 

:D :D :D

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

Advice & opinions of Rooster-UK are offered informally, without prejudice & without liability. Please use your own judgment.

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'I guess but am concerned with these cases being thrown out of County Court.'

 

As far as im aware no cases have been thrown out of the country court. Were you meaning the two cases that got 'stayed' (put on hold) by the county court whilst a test-case was being prepared in a higher court? (dropped of course by the banks and settled) If so dont worry its all been sorted out now.

 

 

hth

Successfully claimed £620 from MBNA

Successfully claimed £350 from Natwest

Assisted other half to claim £820 from Barclays

Helped a friend claim back approx £250 from Halifax.

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Thank you for all the support and suggestions. I am working my way throught the FAQ and will start my proceedings as I have satisfied the requirements of the second letter and schedule of charges

 

Thanks again will keep posted

 

Chris

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Yes, the charges for returned direct debits are also unlawful charges as they are considerably higher than what it costs the banks.

 

I would write back saying that you accept the offer of £1276 as a partial settlement, but unless you receive a satisfactory offer for the rest of your claim then you will seek to recover it through the county court. Give them a further 7 days to consider their position if the LBA time is up. Do not enter your claim until either the money is in your account or they withdraw the offer (a lot of banks insist that it is in full and final settlement only).

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BEFORE starting your claim read through the FAQ's and if there's something you aren't sure of then ask.

If you win, donate to this site

Contents of my posts are purely my own personal opinions, some formed by personal experience and some from research. If in doubt seek qualified legal advice.

 

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Received a very rude letter from FD following my "Letter Before Action", they have offered my £1276 as full and final settlement for charges of £2687.50. Have issued my claim with money claim on line, which was really easy and will wait and see. If they settle in full the total with interest and court fees will be £3550.57. I just do not understand why they do not settle before the court summons????

 

Two questions:

Has anyone who has been successful against FD found them difficult in dealing with or had to move banks after winning?

 

RBS and Capital one have refunded £8 per charge taking the charges to £12 saying that the OFT says the £12 was fair. RBS have used the fact that they made 40 phone calls as evidence of "manual intervention to my account" should I still try and claim the rest back??

 

Thanks to all who have provided support

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Money claim on line accepted and issued claim against FD 24/7/06:D

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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  • 2 weeks later...

First direct have today acknowledge claim, they have 3 weeks to respond now

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Well received the letter from DG solicitors today asking if I fancied about half my claim and would be willing to kindly keep my mouth shout!! I don't thinks so am going to search for a little template letter to say now that you have ahd ou r chance you owe me my entire claim. !!

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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Letter sent to DG accepting offer as partial payment but intending to pursue my claim unless settled in full. If the other posts are anything to go by then next week ££££ to me

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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received letter today from DG offering me the full amount with no conditions, I have signed and sent back by post so hopefully not too long now.

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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3 threads merged - Please stick to this thread for further updates on your claim

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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I'm a little bit worried that i flat refused the 'half' offer i received from FD this week, rather than accepting it but then saying I'd be pursuing the rest too! Does this matter?

 

I hadn't had to ask for info from them, so my offer was the first contact I had from FD, Mr Kernaghan, offering me 2/3rds of my claim & very promptly too, well within the 14 days.

 

Also should i start my own thread? I'm kind of partially involved in 2 that i didn't start! I found the MSE & CAG sites confusing as to overlaps.

 

Thanks guys.

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  • 2 weeks later...

Settled in full survey and donation shortly

First Direct - Settled in full :eek:

Lloyds TSB - AQ completed Central London CC :confused:

RBS - Settled in full :p

Morgan Stanley - Settled in full :lol:

Capital One - Settled in full ;-)

Citi Cards - Transfered to Mercantile Court 19/10/06

Nationwide - Settled in full 8)

Capital One Acct 2 - Prelim letter

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