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Harrassed09

RESULT First Direct agree to bank charges - but ignore cca unenforceable!!! ADVICE PLEASE

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My story so far

 

1 First Direct CCA request, then 5 days notice and FD close our current account (they claim they left a message at work for me to call but they don't have a log of the call)

 

2 I receive CCA and it is not enforceable as far as I can see ( I will post up for experts please)

 

3 I issue claim for bank charges (financial hardship ) and also compensation for 'unreasonable notice' and the financial hardship this caused - they held my salary to ransom for some months

 

4 I owe £2k overdraft and approx £5k on credit card and on the telephone we agreed to repay £50 and £100 a month, agreements were due to be posted but I had to chase by email as this did not arrive

 

5 Today, surprise surprise First Direct offer essentially all bank charges but will ONLY issue cheque to our mortgage lender to clear mortgage arrears

 

Why did they not take money off o/d and credit card balance? Are they trying to do something 'clever' I have yet to spot?

 

Interesting to note that they gave in after 2 letters on the bank charges!!!

 

Any help would be great, should I pay the overdraft and then see if they take me to court on the credit card, their letter states that 'the unenforceability, which does not apply in this case, just prevents the lender enforcing it in court, it does not render the cca void' therefore essentially pay up!!

 

They have asked me to sign to agree to the terms of the refund of bank charges within 10 working days but also to settle the overdraft and credit card within the same period.

 

Incidently, the letter states that any 'further payment made in regard to our claim will be reduced by the sum agreed in this letter' The covering letter also states that 'any refund agreed at this time will not affect your current claim other than to reduce any payment made to you by the sum £bank charges offered'

 

Any advice greatly received!!!!

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Guest Old_andrew2018

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My story so far

 

1 First Direct CCA request, then 5 days notice and FD close our current account (they claim they left a message at work for me to call but they don't have a log of the call)

 

2 I receive CCA and it is not enforceable as far as I can see ( I will post up for experts please)

 

3 I issue claim for bank charges (financial hardship ) and also compensation for 'unreasonable notice' and the financial hardship this caused - they held my salary to ransom for some months

 

4 I owe £2k overdraft and approx £5k on credit card and on the telephone we agreed to repay £50 and £100 a month, agreements were due to be posted but I had to chase by email as this did not arrive

 

5 Today, surprise surprise First Direct offer essentially all bank charges but will ONLY issue cheque to our mortgage lender to clear mortgage arrears

 

Why did they not take money off o/d and credit card balance? Are they trying to do something 'clever' I have yet to spot?

 

Interesting to note that they gave in after 2 letters on the bank charges!!!

 

Any help would be great, should I pay the overdraft and then see if they take me to court on the credit card, their letter states that 'the unenforceability, which does not apply in this case, just prevents the lender enforcing it in court, it does not render the cca void' therefore essentially pay up!!

 

They have asked me to sign to agree to the terms of the refund of bank charges within 10 working days but also to settle the overdraft and credit card within the same period.

 

Incidently, the letter states that any 'further payment made in regard to our claim will be reduced by the sum agreed in this letter' The covering letter also states that 'any refund agreed at this time will not affect your current claim other than to reduce any payment made to you by the sum £bank charges offered'

 

Any advice greatly received!!!!

 

If you haven't done anything yet, I'd hold back.

 

Why should they insist the money is paid towards the mortgage, I don't know the answer to that one, I hope that somebody else can help you.

 

What I do know is that they are in the habit of placing outstanding CC debts into Current acc's, which take the overdraft on the current account to an extortionate amount - to an amount which was never agreed in any instance!

 

I believe there is a loophole somewhere in regards to this, and I am currently challenging this practice as I'm sure it should not be allowed.

 

I read somewhere that it is easier for a bank to chase an overdraft debt, than a CC debt (and now maybe a mortgage...could this be why they want the money diverted there??) but I an unable to find what debt forum that statement was in. Can anybody out there can shed some light on this?

 

It may be worth investigating further as to what rights they have in chasing an o/d debt in comparision to a mortgage arrears debt.

 

Oh, and by the way my CCA was a copy of an application form also, without prescribed terms etc.....in the process of disputing mine too.

 

If they can't take you to court with their copy, then how do they intend to get their money? Intimidation, that's how.

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My story so far

 

1 First Direct CCA request, then 5 days notice and FD close our current account (they claim they left a message at work for me to call but they don't have a log of the call)

Interesting from a FOS perspective

2 I receive CCA and it is not enforceable as far as I can see ( I will post up for experts please)

 

3 I issue claim for bank charges (financial hardship ) and also compensation for 'unreasonable notice' and the financial hardship this caused - they held my salary to ransom for some months

This bit does look interesting IMHO.

4 I owe £2k overdraft and approx £5k on credit card and on the telephone we agreed to repay £50 and £100 a month, agreements were due to be posted but I had to chase by email as this did not arrive

 

5 Today, surprise surprise First Direct offer essentially all bank charges but will ONLY issue cheque to our mortgage lender to clear mortgage arrears

Does that clear your overdraft as well?

Why did they not take money off o/d and credit card balance? Are they trying to do something 'clever' I have yet to spot?

You would lose your home and with Overdrafts and credit cards you ultimately cannot lose your home as a result.

Interesting to note that they gave in after 2 letters on the bank charges!!!

Could have been worse ;)

Any help would be great, should I pay the overdraft and then see if they take me to court on the credit card, their letter states that 'the unenforceability, which does not apply in this case, just prevents the lender enforcing it in court, it does not render the cca void' therefore essentially pay up!!

Apologies but CCA is not my strong point but FH is.

They have asked me to sign to agree to the terms of the refund of bank charges within 10 working days but also to settle the overdraft and credit card within the same period.

I think you need to post up their offer taking out your personal details cos it is difficult to advise since they appear to have added clauses into the refund which may not make sense.

Incidently, the letter states that any 'further payment made in regard to our claim will be reduced by the sum agreed in this letter' The covering letter also states that 'any refund agreed at this time will not affect your current claim other than to reduce any payment made to you by the sum £bank charges offered'

Fairly obvious really.

Any advice greatly received!!!!

 

Hope it helps ;)


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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Thanks your bank and me too!

 

Latest stage

 

1 CC passed to Metropolitan collection - nothing from FD to confirm this - wrote to MCS who then told me they are a wholly owned subsidiary of HSBC. They have 'stayed' action until my FOS complaint is dealt with, they believe it willt ake only 30 days!! Or alternativley should I not wish to complain I should pay in full. Very smarmy letter, but they have no CCA therefore I believe they should proceed with legal action. Really my FOS complaint relates to their insufficient notice when closing my current account not the lack of a CCA

 

2 Flexi loan and overdraft (rolled into one) balance now passed to the 'Pre court division ' of Moorcroft. They are complying with their legal requirement to send a notice of INTENDED LITIGATION. I offered payment on overdraft portion but as no agreement for flexi loan I put this in dispute

 

Does anyone have any ideas on effective replies Really grinding me down. any help please would be good Also how should i proceed on closing my account with no notice They shouldnt be able to get away with this

Edited by Harrassed09
oops

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Any thoughts out there?

 

MCS are internal why have FD not sold the debt? Any thoughts as to why this is the case

 

Also any thoughts as to why Moorcroft instructed on the overdraft and flexi loan balances?

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