MrFitz v First Direct ***WON***

[mrfitz]

I got the statements through without any problem (particularly enjoyed reading the notes). I've calculated the charges over 6 years and it amounts to over £5300 excluding interest.

 

First request for payment has gone in the post today...

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

[mrfitz]

Just to update you - I received a very prompt, and very standard refusal to my first request. Followed this up with a Letter Before Action on 15th September. Again I got a very quick response saying no - and confirmation that this was FDs final position.

 

I waited 14 days and filed with Money Claim Online. This has now been issued to FD and they have 14 days to reply.

 

My total claim, including 8% interest and court fee is £6639.77

 

I'll keep you posted...

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

[joebloggs]

Good luck.

Just a bit of info i picked up today, DG's Deborah D'Aubeny is out of her office until the 16th of October.

She might just have a little bit of a backlog to dela with when she returns.....

[towerbridge]

did fd offer you a full and final settlement after you sent your LBA?

TB

[mrfitz]

Nope - I haven't received any offer of settlement from FD. Only a flat refusal. So I'll have my day in court (or probably not).

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

[towerbridge]

good luck but i am sure they will cave in first

[mrfitz]

FD acknowledged my claim on 17th October so they now have until 11th November to pay up or enter a defence.

 

I received a letter from DG Solicitors today - They are confident the charges are reasonable and would stand up to a challenge in court (oh yes?). However, because of management time yada yada yada they're offering £3319.89 (50% of my claim against First Direct) in full and final settlement.

 

I'll write today stating that I accept their offer as partial settlement but will continue to pursue First Direct for the balance of my claim, ie £3319.88. Of course, the timetable doesn't change - they still only have until 11th November to settle in ful.

 

I'll keep you posted.

 

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

[mrfitz]

Just for information, here's the text of my letter issued today:

 

 

 

 

Without Prejudice

 

 

 

Dear Sirs

 

Myself v First Direct

 

Thank you for your letter of xxxxxx in which your client offers £xxxx as settlement of my claim against them.

 

My original claim of £xxxx was issued by xxxx County Court on xxxxxx (Claim Number xxxxxxxx), deemed to be served on xxxxxx and acknowledged by your client on xxxxxx.

 

Whilst I am happy to accept their offer as partial settlement, I intend to continue with my claim against them and pursue them, through the Courts if necessary, for the full amount. Your client therefore has until xxxxxx to either settle my claim in full or file a defence, otherwise I shall ask the court to issue a Judgement by Default.

 

I look forward to hearing from you.

 

Yours faithfully

Matt

 

First Direct: £6639.77 MCOL 09/10/06

MBNA Visa:

Co-Op Visa:

Capital One Visa:

M&S Financial Services:

IKANO Financial Services:

 

"All the truly great men are dead - and I'm not feeling too well myself."

[joebloggs]

Our claims are for roughly the same amount, will be interstign to see what offers they make along the way.

[tango15]

Re: MrFitz v First Direct

I went down the MCOL route following their initial refusals, and I too have received a letter from their solicitors offering me about 50% of my claim. I will be writing in much the same vein as yourself Mr Fitz. My claim is a lot less than yours, but I'm determined to see it through. I notice that they've put a confidentiality clause in their letter. Are they frightened of the rest of us finding out just how much they're paying out?

[mrfitz]

I've won!

I received a letter from DG Solicitors on Tuesday last week offering the full amount. I deleted the confidentiality clause and sent my acceptance back same day. The money hit my account today - all £6639.77 - so just eight weeks from first request to payment.

Off to fill in the questionnaire, make a donation and start chasing some credit card companies.

[caro]

Very nice mrfitz. Congratualtions!

[tango15]

Me too!

 

I received a letter from their solictors offering a full refund just a week after refusing one offering half the amount owed.

My heart bleeds for FD - lol

[twoofus]

Well done mate dont forgrt us now you are rich.lol

[grablarch]

MrFitz....was the letter sent to you by FD after your LBA one which stated a lot of contractual blurb....quoting Account Terms and Conditions (Part 2: Operating Your Account, Clause 6.9) which states blahdey blah. Also advice to contact the Ombudsman...?

 

Their reply seems a bit final and they categorically state that FD disagree with our contention that charges are unlawful.

 

Seems like a bit of a bog standard letter, but I just wanted to make sure we are all batting off a hymn sheet up a flag pole before I commence the post 14 day tirade.

 

Regards

 

Grab

[mrfitz]

Yep - sounds like the same letter. It's their standard response.

[threejays]

Congratulations - I have also been offered half, which I refused. How long before the 28 days did you receive the full offer?