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paulmc60 Vs First Direct


paulmc60
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  • 2 weeks later...

Phoned First Direct today to check they have received my DPA letter sent on 17 March, only to be told "it must have been lost in the post".

 

About to send a further request - this time by recorded delivery. Am I right in thinking that the £10 DPA charge only applies to the request and that I can ask for details of charges applied to my other First Direct account in the same request without paying another £10?

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I would have thought so - you are one person - thus one DPA request for all your information from the one data controller.

 

I'm not sure - but that's how I would imagine the law sees it.

 

I doubt that FD will though.

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Phoned FD and they confirmed DPA letter received today! I will receive a letter setting out timescales. Other threads suggest FD are quite quick in responding to DPA requests. Fingers crossed.

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Received a reply on 30 March to my DPA letter - signed in person by Linda Young. She returned my cheque and said I would receive the information requested "shortly" and free of charge!

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All my statements and notes arrived on Friday. I've been through them all and found FD have taken over £2,200 in the last 6 years. Unbelievable and a bit scary!

 

I'm ready to send my preliminary letter now. Does this look ok?:

 

+++++++++++++++++++++++++++++++++++++++++++++

 

Mr Rob Kernaghan

First Direct

40 Wakefield Road

Leeds

LS98 1FD

 

11 April 2006

 

REQUEST FOR REPAYMENT OF CHARGES

 

Dear Mr Kernaghan,

 

ACCOUNT NUMBER: XXXXXXXX

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last six years.

 

I now understand that the regime of fees which you have been applying to my account in relation to exceeding overdraft limits are unlawful in Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £xxxx as detailed in the enclosed schedule, which itemises each charge applied since April 2000 as well as those charges which you have already refunded.

 

I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

 

I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

 

Wish me luck!

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not read it all word for word, i've just had a quick scan because I'm knackered as is evident from my typing.

 

it looks ok to me. if you've used the std letter and just changed the amounts etc then it'll be fine.

 

good luck

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...

Sent my preliminary letter on 12 April. Yesterday I received the standard response from someone called Steve Smithard, referring me to T&Cs. Waiting until the 14 days is up before sending the LBA.

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yes, make sure you wait until after the 14 days like you said.

 

I sent my LBA yesterday.

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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  • 3 weeks later...

WHOOHOOO!

 

mONEY WILL BE WITH YOU SOON THEN! YAY!

 

bugger, my capslock was on. oopsie

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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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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