king vs First Direct

[king123]

Hi all, My main thread is here.

 

I am claiming approximately £1300 in unauthorised overdraft fees from First Direct and asked that they fast track my claim due to financial hardship. I'm in a debt management plan with First Direct administered by Metropolitan Collection Services. The bank closed my accounts when it became apparent I was unable to meet my outgoings last year. To me this is sufficient evidence in and of itself. However, they responded that to be considered for financial hardship I need to fill out their questionnaire. I don't really want to do this as in actuality they'd probably decide I can now afford higher repayments. They've now written again to say I have 2 weeks to file my hardship claim or they will suspend my claim.

 

So, what do people think I should do? Should I write back and argue that being in a repayment plan is sufficient evidence of hardship? Or, if the OFT decision is imminent, should I just wait it out for developments?

[king123]

The second issue with First Direct is my credit card account. They carried on charging me interest after I was being assisted by the CAB, whereas my other creditors stopped. I politely asked for a refund of this approximately £270 in interest but they declined.

 

I also asked for a refund of 6x£12 late payment fees. They have responded with an offer of £36 "in full and final settlement of my complaint against first direct in relation to credit card default charges" to be credited to my Metropolitan Collection account. Given the small amount and that it's better than nothing I'm inclined to accept this. Just wondered what others thought.

[MARTIN3030]

King-failing to fill in their own forms,is within itself not a valid reason for them to be suggesting they cant deal with your case.

However,in the absence of doing that you should still be providing something to support your case.

I would suggest filling out an I & E and sending this with a firm reminder of their responsibilities.

There is a copy of this in the CAG library.

As regards their 2 week deadline -I am not so sure where this comes from since they are expected to satisfy complaints or resolve matters like this within 8 weeks or else issue a final response in the meantime.

 

 

I suggest a letter worded something like this;

 

 

 

Dear.........

 

I am writing with regards to the above account,and also your recent communications to me of (state date) in relation to my application to be considered under hardship status.

I do not see any valid requirement,for me to fill out your questionaires and forms to enable you to properly assess my eligibility.

You are doubtlessly aware,that I am already engaged in a DMP plan with MCS,which is administered by First Direct.

 

Therefore,this within itself demonstrates,that my financial position is one that is clearly fitting hardship.

I realise however,that I should be seen to be supplying further evidence in support should this be required,and with this in mind I enclose a current Income and Expenditure sheet which I trust will suffice.

 

I remind you of your responsibilities under the British Banking Codes,in addition to guidance issued by the Office of fair trading in dealing with cases of financial hardship.

 

In contrast to your comments that you will give me 14 days to respond,I return the same to you,and expect full compliance with your responsibilities.

 

Should you further seek to hinder this application,I will be contacting the regulators to force compliance and report your breaches under codes of practice.If such action is needed,I will be making copies of this letter available,to demonstrate my attempts to resolve matters.

 

I look forward to your response as indicated by 14 days.

 

 

Yours Faithfully/Sincerely

 

 

 

Send recorded to the last contact and address that you have.Keep a copy.Keep all dealings by written comms.

If they do phone - tell them you have put your position in writing and will only discuss or communicate in this way.

 

 

Keep us posted on their response.

[king123]

Does the recent court victory for the banks mean its effectively game over or can I still play the "hardship" card somehow? Any advice would be appreciated.

 

BTW, I've just been looking through some copy statements that First Direct's DCA sent me, and I see that I have a great wedge of SOMEBODY ELSE'S STATEMENTS! Will post about this seperately.

[king123]

I've gone to the FSO with my claim, citing hardship.

[king123]

No joy with the FSO, have to give up on the bank charges for now.

[LaReet]

Hi there, I too was unsuccessful with the FSO but am not going to give up with FD. Did you give up?

[king123]

Yes, I gave up on the charges claim. In the end I made a full and final settlement with them so am happy with the outcome.

[MARTIN3030]

First direct were not part of the test case.

Also credit card charges claims are very much still a goer.

[LaReet]

Yes, I gave up on the charges claim. In the end I made a full and final settlement with them so am happy with the outcome.

 

It just grieves to think that FD still have my money plus, of course, the fact that the Ombudsman agreed that £105 plus £30 or so pounds was reasonable for stopping DDRs and bouncing cheques. They'd taken their money, left me with little so it happened the same the next month! Am thinking it would hasve to be the small claims court. Glad you got them to cough up - well done!

[LaReet]

What difference does it make, their not being part of the test case ?

[MARTIN3030]

What difference does it make, their not being part of the test case ?

 

Almost certainly,the terms and conditions that were presented in the test case,would have been considerably different.

[LaReet]

Sorry to go on about this but would you know how different FD's Ts&Cs are in relation to the test case ones? I may be be clutching at straws here but as I say it still grieves me to think they're hanging on to my money - unfairly! They have been particularly horrible to me since Feb of this year and I was just wondering if this was as a result of my trying to claim them back last year. A lot of coercion (on their part) has gone and I am (somewhat) cheesed off with them.

[MARTIN3030]

I think you would need to have a good understanding of the determinations Andrew Smith made and the points that were raised.I have copies of all the terms and conditions studied with transcripts of the case.

The Judge said more than once that he did not rule out that his findings would be set in stone for all bank accounts,but that they would need to be looked at individually.

So it would be a case of looking at the main arguments presented and looked at,and reconciling them with FD terms and conditions.