First Direct Cock Up Hopefully

[NobbyEx]

Don't know where to start! Have been putting things off in the hope that things would get better but unfortunately they didn't and beginning to fight back.

 

I received a summons from First Direct for "the balance outstanding under a current account overdraft which which despite demand, the Defendant(s) has/have failed to repay the Claimant" (which appears twice!).

 

Total amount claimed was £5427.26 which was a bit of a shock as my overdraft limit was £250 and the actual overdraft was a bit less than that when they closed the account.

 

I phoned DG solicitors as I was a bit confused as to why the summons was for so much and it turns out that they have included my credit card balance to. I phoned First Direct and they confirmed that the current account balance and credit card were two seperate amount.

 

Advised DG that they have made an error but they got a bit shirty and said thats the way FD had passed details over to them. Thanked them and submitted a defence that the current account to which the summons refers is £235.00 which I dispute as it should be off set against bank fees which I am waiting to hear about from FD. Will see what happens.

 

My question now is what to do for the best. I expect they will issue another summons for the Credit card. Should I send a CCA and if so who to? I maintain that DG are only dealing with the Current account so should I send the CCA to DG or First Direct?

 

I have also been in contact with CCCS before finding this forum who suggested that I send a token payment letter to all creditors (MBNA and Capitol One are on the list) but would this be an admission of the debt and negate the effect of the CCA?

[Coactum]

How did you get on? You case looks a little similar to mine (refer to http://www.consumeractiongroup.co.uk/forum/first-direct/203550-overdraft-gold-card.html ) but in my case the overdraft is in joint names whereas the Gold card was exclusive to me. When they closed the accounts it seems they bundled them together until i pointed out that my wife had nothing to do with the card. This merely resulted in extra communications as i now get seperate mail for each.

[NobbyEx]

Case is stayed (is that the right word?) until the question of the reclaimed fees is resolved.

 

Haven't heard anything further from First Direct.

[Coactum]

Did you raise action against them to recover fees or did you just ask for this to be taken into consideration in your case?

[NobbyEx]

I was in the process of recovering fees when the summons arrived. I submitted in my defense that the amount outstanding to which the summons referred i.e. the overdraft was £235 and I was in the process of submitting a claim for fees for approx £1400.

 

I received a reply from the judge that the cased would be stayed until such time as the fees situation was resolved.

 

Not heard anything from First Direct since.

 

Lopping all under the description of an "overdraft", I wonder if it is their sneaky way of trying to get around you being able to dispute the Credit Card Agreement.

[GeoffreyAlby]

Any update?

[NobbyEx]

Nope, still haven't heard anything!

[annabella7]

tell me even if both accounts were in your name would it have made any difference since you had 2 seperate accounts ,a credit card and a bank account

[NobbyEx]

Nearly 4 years since my original post! I received a letter from DG Solicitors asking me to withdraw my defense following the decision on the OFT case. I refused as the fees was only part of the defense. Didn't hear anything more until last year when DG Solicitors advised me that FD had asked them to no longer deal with the case and it would be dealt with by FD's in house team.

 

Never heard anything from FD or anyone else. My question now is should I do anything about the stayed case or let sleeping dogs lie? I'm assuming FD can't take further action because of an existing outstanding case which they can't do anything about because it was instigated by DG Solicitors. Would it still be Statute Barred after 6 years from last payment even though there is the stayed case?