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first direct account closure - injunction route


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hi,

 

this is the dpa request letter i sent last friday, as i could only account for transactions from 2003 onwards (which so far amounts to £1200).

 

customer relations manager

first direct

40 wakefield road

leeds

ls98 1fd

 

3 march 2006

by email & post

 

dear sir/madam,

 

data protection act (1998) disclosure request

account number

 

i am currently reviewing the charges that have been levied on my cheque account over the years and i would be grateful if you could kindly supply me with a complete and exhaustive list of all charges relating to the above account since January 2000; this should namely include all instances where i have been charged for exceeding my overdraft limit and/or excess the said limit, for the return of unpaid cheque(s) and/or direct debit(s)/standing order(s).

 

i look forward to a prompt reply to my request, which under the provisions of the data protection act (1998) should be made and acted upon within the next 40 days.

 

yours sincerely

 

and i received the following reply.

 

thank you for your request for a copy of some of your personal data under the data protection act. this was accepted for processing on 7 march 06.

 

copies of statement for the account xxx for the period 1 january 2000 to date have been ordered today. these will be forwarded to you under separate cover as soon as possible. as you are aware, under the terms of the data protection act we must respond within 40 days from the receipt of your application.

 

if you require any further guidance regarding your data, please telephone me on blablablab....

 

will post again when i get to step 2!

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  • 3 weeks later...

hi again, i have received my statements for the past six years, as requested and i have calculated a total amount of 2k in charges. i have sent my repayment request letter today. will post again, when/if i get reply...

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Well done - keep us posted

25/06/08 - NatWest - Prelim letter

09/03/06 - Halifax - Settled 27/4

22/03/06 - Capital One - Settled 24/6

17/04/06 - Nationwide - Settled 8/9

 

 

Hit the DONATE BUTTON and give 5% back to support this site!

 

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well, unsurprisingly, here is the (very personal!) letter i received this morning from maureen watson, credit services customer relations. incidentally, robert kernaghan, must be a very busy man!

 

thank you for your electronic message dated [] requestting a refund of bank charges totalling [].

 

first direct does not agree with your contention that the charges which have been applied to the account are unlawful and are therefore unenforceable. the contract between the bank and its customer is governed by our account terms and conditions. in respect of overdrafts, i would refer you specifically to part 2: operating your account, clause 6.9, which states:

 

"if your account goes overdrawn without an agreed overdraft, or you go over an agreed overdraft limit, we will charge interest at our unauthorised overdraft interest rate on the amount of unauthorised borrowing. we will also charge you an overdraft fee for any statement month when the blance on your account exceeds your limit, whether for one day or more. an excess overdraft fee will also be charged for any day where there are subsequent increases in the excess or a reoccurrence of an excess during the statement month. our overdraft fees are published in our interest rates and charges leaflet".

 

our fees and charges are clearly stated in our published interest rates and charges leaflet and the circumstances in which these charges apply are clearly set out in our terms and conditions, which you will have been provided with a copy of when you opened your account.

 

we are therefore unable to agree to your request. if you wish to escalate your concerns to the next stage, you can write to robert kernaghan, customer relations manager, at the above address.

 

if we do not hear from you with the next eight weeks, we will consider matters resolved. complaints we cannot resolve may, ultimately, be referred to the financial ombudsman service, further details of which can be found in our 'listening to your comments' leaflet.

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betty_lo - how much is the claim for?

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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just under 2k.

 

Same here (with the amount I mean. I've not had a reply to the prelim letter yet).

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 2 weeks later...

I'll be sending my LBA today or tomorrow, it is due to be sent today.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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having sent my lba on monday, below is the reply i have received from robert kernaghan. so will be filing my claim when my deadline expires.

 

i am sorry to learn that you remain dissatisfied with our letter dated 28 03 06 and i have taken the opportunity to review your concerns.

 

fd does not agree with your contention that the charges which have been applied to your account are unlawful and are therefore unenforceable. the contract between the bank and its customer is governed by our account t's & c's. in respect of overdrafts, i would refer you specifically to part2: operating your account, clause 6.9, which states:

 

"if your account goes overdrawn without an agreed o'draft limit, or you go over an agreed overdraft limit, we will charge interest at our unauthorised o'draft interest rate on the amount of unauthorised borrowing. we will also charge you an o'draft fee for any statement month when the balance on your account exceeds your limit, whether for one day or more. an excess o'draft fee will also be charged for any day where there are subsequent increases in the excess or reoccurrence of an excess during the statement month. our o'draft fees are published in our interest rates and charges leaflet".

 

our fees and charges are clearly stated in our published interest rates and charges leaflet and the circumstances in which these charges will apply are clearly set out in our terms and conditions which you will have been provided with a copy of when you opened your account.

 

whilst i accept this letter will not provide the response that you hoped for, i trust i have been able to clarify the bank's position. however, i am obliged to advise you of your right to refer your complaint to the financial ombudsman service, as this letter constitutes the bank's final response.

 

further details about the ombudsman scheme are set out in the enclosed leaflet and you have six months to refer your complaint to them should you decide to do so.

 

clearly, i hope you will not find this course of action necessary and thank you for taking the time and trouble to bring your concerns to my attention.

 

ys

r kernaghan

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  • 2 weeks later...

hi, i am due to file my claim within the next few days. in anticipation of the d-day, i just wanted to check whether the following would be ok. thanks.

 

claimant has held current account with defendant since 1999 operating under defendant’s standards terms & conditions. during 10/03/00-08/02/06, defendant debited charges to the account regarding purported breaches of contract from claimant. if defendant is able to show the contract between claimant and defendant contained terms purporting to entitle defendant to levy these charges, claimant will contend they are unenforceable at common law, being penalty clauses rather than liquidated damages clauses and being invalid under the Unfair Contracts Terms Act 1977 s.4 and 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 1982s.15. as defendant declined to justify these charges, claimant claims the return of money unlawfully debited or £xxx. claimant further claims interest pursuant to section 69 of the county courts act 1984 at the rate of 8% pa or £xxx & interest at the same rate up to the date of

judgment or earlier payment at a daily rate of £0.34p

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  • 2 months later...

hi there, just need a bit of advice really. my claim with first direct was settled last may, and i have recently challenged them again over a few charges i have incurred in the last 6 weeks. they have refunded me some of the money but they have now sent me a letter advising me that my account will be closed next month. i do not want to go down without a fight and just wanted to know, how to go about it. i have read the nationwide thread about unfair account closures and would be willing to go down the injunction route. would anyone be able to help? thanks.

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hi there, just need a bit of advice really. my claim with first direct was settled last may, and i have recently challenged them again over a few charges i have incurred in the last 6 weeks. they have refunded me some of the money but they have now sent me a letter advising me that my account will be closed next month. i do not want to go down without a fight and just wanted to know, how to go about it. i have read the nationwide thread about unfair account closures and would be willing to go down the injunction route. would anyone be able to help? thanks.

 

ps - posted this in the legalities forum took, as not sure which was relevant. sorry, if this is in the wrong place

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betty_lo,

 

I am in the same position at the moment.

 

I'm waiting for Bankfodder to return next week to seek his advice re: getting an injunction.

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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hi monkey,

i might just go ahead and file a complaint with the oft, as i only have until mid august before they close my account and will wait for bankfodder's return to explore the injuction route, if it applies.

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Please note that this topic has not had any new posts for the last 5288 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

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