Niffas V First Direct

[niffas]

I am a First Direct Customer, I applied for my info under the DPA using the excellent template provided on the site. 2 large boxes arrived today by currier, makes interesting reading. I have had a provisional comb through and highlighted all charges on the account but the charges fall in to a number of categories and I am uncertain as to what I can claim for

EG

Returned Cheque, Returned DD or SO seem straight forward and I assume that I can claim for those. But what about overdraft charge and excess overdraft charge?

I have called FD and they tell me that you incurr the 30 pounds overdraft charge for exceeding your agreed limit by 1p.

They tell me that the 25 pounds excess overdraft charge then applies to each additional transaction whilst limit exceeded so can I claim for these as they run in to a considerable large sum?

Finally I assume that I cant reclaim debit interest as that would be contractural?

Any advice please would be really appreciated.

Thank you

Kind regards

Niffas

[Michael Browne]

I have called FD and they tell me that you incurr the 30 pounds overdraft charge for exceeding your agreed limit by 1p.

They tell me that the 25 pounds excess overdraft charge then applies to each additional transaction whilst limit exceeded so can I claim for these as they run in to a considerable large sum? Yes

Finally I assume that I cant reclaim debit interest as that would be contractural? See below

There are 2 instances of interest you can claim:

 

1.When you go overdrawn the bank will charge you interest, perfectly lawfully.

 

However, if part of your overdraft is made up of penalty fees, they are also charging you interest on these too and it is this interest which you are entitled to claim back, but it's tricky to separate out from the total interest figure.

 

Vampiress has a spreadsheet, (the advanced one), in the bank templates library, which attempts to calculate this

 

It's quite complex and unless your claim is large may not amount to that much, so for simplicity's sake, some people don't bother

 

This is the interest referred to in the preliminary and LBA letters.

 

 

2. Section 69 8% interest on your claim, but only when you submit a claim at court. Don't add this interest before moneyclaim

[niffas]

Michael

Thanks for your advice,I shall move on to the next stage.

kind regards

Niffas

[G8_Summit]

Hi Niffas,

 

Just to clarify, you can claim for all the following charges -

 

Overdraft Fee (mine ranged from £15 to £37.50)

Excess Overdraft Fee (mine ranged from £9 to £125)

Recall S/O - D/D (always £37.50)

Unpaid item (always £37.50)

 

As Michael Browne has already said, you can claim a proportion of the overdraft interest where this is due to the above charges - you have to use the interest calculation spreadsheet as already stated. I didn't bother as it was small amounts and confused the bigger picture.

 

Hope this helps.

G8_Summit

[niffas]

G8, thanks for your reply.

 

All

Am I right in thinking next stage to send Preliminary approach for repayment with an attached schedule?

What do I use for the schedule, I can see the s/sheet England simple excel but this has a col for the interest, do I simply delete that col or is there another template that I have missed? or do I just make something up in excel.

Any comments appreciated?

Kind regards

Niffas

[G8_Summit]

I used the complex spreadsheet that calculated the interest, but just deleted the interest column.

You will also have to slightly change the letter to not include interest.

 

Good luck.

[clare hutchinson]

Hiya Guys,

 

I have had the letters from first direct not agreeing with my claim etc.... and i am now at the moneyclaim stage, two things since my original claim i have been charged a further £300 across two accounts in charges can i sdd them to the claim or do i have to request them seperatly, and secondly do i have to add the 8% interest at this stage, i added it up last night on the spreed sheet and it comes to a further £800. But it is more complicated and i am terified i have it wrong and this will result in them defending it in court etc.

 

Any thoughts would help.

 

Thanks