jad vs First Direct

[jad]

Sent my DPA request on 8th July, recorded post.

 

Nothing heard yet, post not signed for, but I believe that might be common

when sending to First Direct.

 

I will be writing to them reminding them of the 40 day

period for response.

[jonni2bad]

Keep us posted.........

[jad]

I chased FD on 25th July, because I had heard nothing. They claim never to have received the original DPA request.

 

Someone in the Data Provision Team then told me via electronic messaging (on internet banking site) that information would be couriered to me on 31 July.

 

Nothing arrived yet, and they have yet to respond to a message I sent them today asking where the info is.

 

Maybe new stalling tactics are being used ....

[jonni2bad]

Don't worry too much about post not being signed for - that is what happens with big organisations receiving bulk deliveries.

 

Keep the recorded slip though as this acts as proof of postage - enough for the court.

[jad]

First Direct rang me yesterday and said because my account had gone overdrawn without agreement (mostly due to charges last month), I had until 11 August to pay in cleared funds to bring the account back into the black. (Not a problem for me to do this I think).

 

They also said they were aware of my request for 6 years statements etc, and this did not help my position with them. What a cheek!

 

The lady also told me that if I didn't do this, they would close the account and

TRANSFER THE O/S BALANCE OF MY LOAN ACCOUNT to the current account, and demand the repayment of the full amount within 28 days.

 

I was under the impression that a loan regulated by the CCA 1974 could not be terminated by the lender, unless in default. I have never missed a payment - although have been late on occasion, but never by more than 1 month.

 

 

Any one got any pointers as to the legality of this ?

 

Thanks

[jonni2bad]

Did you record the conversation?

 

If not, phone back, check that it is still their position, and ask them to put it in writing.

 

It's another case of intimidation..... although they can ask for the overdraft to be settled at any point.

[jad]

I was unable to record the call at the time.

 

I'm aware of having to repay any Overdraft, but was sure that loans were covered under separate agreements.

 

Meanwhile, I chased their data provision team, who tell me that DHL have lost the first packet, and they will resend my statements and informationa again next week.

 

LOST ? I hope someone else hasn't picked them up.

 

I have now written to them demanding to know where the first packet is, and what they are going to do to prevent my details being used by someone should they be found.

[jonni2bad]

I don't believe they have any right to do that with the loan, which is why I want to know if they will confirm this again, or in writing.

[jad]

I'll see if I can get them to put that in writing, or during a recorded call...

[jad]

At last, I have now received the information from FD.

 

need to go through now and work out the total charges....

[jad]

I sent my request for refund of charges, directly to Robert Kernaghan at FD, on 9 Aug.

 

I have today received a reply from Steve Smithard, in which he states the usual "fd does not agree with you....."

 

Advising me to write to Robert Kernaghan if I wish to escalate.

 

It seems like they are on the ball at the moment, as this reply was turned around in a couple of days.

 

Any suggestions as to what to do next ?

 

Should I wait for 14 days ?, or write an LBA now, as their reply seems fairly definate.

[jonni2bad]

I suggest waiting for the 14 day expiry.

[Matheos95]

It is your choice but I didnt wait the way I saw it was in the letter they had kind of stated no and thats it so didnt see thepoint waiting the 14 days as I knew I wasnt going to get anything so sent LBA out straight away it didnt hurt my claim - got full offer last friday - but again ill say it its up to you. Good luck anycase

[jad]

I am going to send my LBA today. I agree with Matheos95. Their letter seems final to me.

 

Will post an update when I get a reply or in 14 days time!

[jonni2bad]

Did their letter state that it was their final word, or just say they didn't agree with you?

 

A court expects you to give a calendar month to settle without their involvement - 2 letters each of 14 days does this.

[Matheos95]

I dont disagree jonni and understand what you are saying - the letter was in the vein of ...dont consider them unlawful ....contact obidsmun, nothing to say thet they would come back and write to me again. Like I said this was my personal choice I know what the advice on the site says and good advice it is.

[jad]

The points raised in their letter are:

 

• First Direct does not agree that the charges are unlawful
  
• The T&C you agreed to said we would charge xxx for going overdrawn/returned dd etc
  
• We are unable to agree to your request.
  
• If you wish to escalate please write to Robert Kernaghan (which I did)
  
• If they don't hear from me within 8 weeks they will close the "complaint"

So, it looks like nothing more will happen unless I write back to them.

[jonni2bad]

The chances of them 'complaining' to the court to suggest you have not given enough time to settle are close to zero, and on the basis of that letter you could certainly argue that they gave the impression they were not willing to respond further.

 

If you are in any sort of rush to get your money, then you might wish to proceed with the LBA now.

[jad]

In response to my "LBA" sent to FD on 14 August, I have now received a reply from Robert Kernaghan.

 

It is the standard referral to the ombundsman, which he hopes I won't find necessary.

 

Next action will be a court claim, but I am worried about the amount I am claiming:

 

Charges claimed: 4681.50

S69 Interest: 1278.21

 

Total 5959.71

 

The total is over the Small Claims limit - which means it may be allocated to fast track.

 

Up to now, most (all ?) of the First Direct / HSBC settlements we have heard of were due to commercial reasons under the small claims regime of no costs being awarded.

 

Has anyone claimed more than £5000 successfully ?

 

Should I ignore the interest !! (I don't want to).

 

Is the total value of the claim or just the exc of interest value used when deciding which track to assign the claim to ?

 

 

Thanks

[Matheos95]

I can only state for me obviously but my claim was for just £100 less than yours ie £5800 and everything happened in exactly the same way as people who had claimed under £5k - I have had my money from them - so claim it I would say.

[jonni2bad]

You claim total, excluding interest, sets the level for track - so this would be small claims track. The fee is set on the total with interest, so the cost of starting the claim will be higher (£250 I believe) but is reclaimable with a win of course.

 

Are you OK with the Particulars of Claim? If you need help just shout....

[jad]

OK, thanks for that.

 

I have drafted the claim, wording below:

Claimant holds an account (No xxxxx)

with the Defendant, conducted on

their standard terms and conditions.

Claimant is claiming the return of £xxx

taken by Defendant in charges over

6 years to date. The Defendant's charges are

a disproportionate penalty and therefore

unenforceable as they are contrary to common

law. They are also 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 they are unreasonable within the

meaning of the Supply of Goods and Services

Act 1982 s.15.

The Defendant has declined justification of

charges despite repeated requests.

Claimant claims interest under Sec.69 of the

County Courts Act 1984 at a rate

of 8% a year from 07 Aug 2000 to XX Aug 2006

of £yyy and also interest

at same rate up to the date of judgment or

earlier payment at a daily rate of £zzz

I will recalculate figures for the day I actually submit it which will either be middle this week, or at the expiry of my original deadline.

 

I guess I need to forward a copy of my schedule, complete with interest calculations to FD's legal dept. Do the court need a copy too ??

 

However, concerning my original timescale, FD have yet again responded negatively to my final letter, and say the only course of action is for me to report to the ombundsman..... so I feel confident in issuing the claim without waiting for the original timescale to expire.

 

Court costs are indeed £250 according to Moneyclaim, as it's over £5000.

[jonni2bad]

Yes, send a copy to the court with the claim reference nember clearly marked, along with a cover letter to the court manager explaining its purpose. Also state that you have sent one to the Defendant.

[jad]

Claim filed online.

 

Number 6QZ56642 at Northampton County Court.

[jad]

Claim acknowledged today, 30 August.

 

FD have until 24 Sept to reply/pay/defend...