ashort v FD (Late response) what to do?

[ashort]

I have received all my bank statements and listed all the charges. I now want to send the preliminary letter plus the schedule of charges. Do I include all the charges as represented on the statements? The reason for asking is I have no idea how much manual intervention has taken place and therfore not sure if I should be deducting anything? - Andy

[Spiceskull]

If they didn't send any notes regarding manual information with your subject access request, then it is safe to assume that manual intervention has not occurred. Should they change this position at a later stage, then the ace up your sleeve is that you specifically requested the information...

 

As for the charges, yes, everything that appears on your statement that you know is a penalty - plus any interest they have charged you on those penalties.

[ashort]

Thanks for the advice, really appreciated. Andy

[ashort]

I am about to send off my preliminary letter and schedule of charges but for some reason getting a little nervous.

 

I have literally listed all the charges from 6 years of statements plus debit interest and placed in the spreadsheet. Do I need to deduct anything re manual intervention from the bank. They have listed all the dealings with me but no details on costs they have incurred. Don't want to make a mistake at this early stage.

 

Andy

[G8_Summit]

You have done everything right. Just print off the spreadsheet and send it with the letter.

 

Don't worry - you will get YOUR money back.

[ashort]

Just needed that reassurance - Thanks

[joebloggs]

Looking through my notes they sent me, there is no indication of charges relating to manual intervention, if you sent off the template letter requesting details/ statments and they havent supplied that info i would personally hazard a guess they dont have too much arguement with your figures.

Simply put you asked the question they didnt answer sufficiently.

 

Good luck...

[ashort]

I have sent my claim for charges to FD (std letter giving them 14 days to respond) They wrote to me some days later informing me that they were sorry I was complaining and a complaints procedure booklet was enclosed(it wasn't) and that they'd formally respond in 10 working days. The time was up yesterday but still no response. I'm ready to send the 2nd letter giving them another 14 dayts at which point I'll start legal action.....but should I give them more time before sending this 2nd letter??

 

Andy

[pward33]

You gave them 14 days in your preliminary letter; if that period is now up, bang in your LBA straight away! Your case, your timetable!

 

Good luck!!

[closey]

No you shouldn't. This is your claim not theirs, you set the timescales. The banks will stall and delay when ever they can. This method gives them adequate time to settle, they just chose not to. Stick to your guns!

[ashort]

As usual the people who use this site are so helpful and supportive. Thanks for the advice - Andy

[ashort]

I have today received a letter from FD offering me over £1200 ( My charges totalled £1900+) although the bank are accepting no liability they claim it would be able to defend it's charges as the tarrifs were set out in the contract I signed when I set up my account etc.....

 

The offer is tempting but wondered if this is the norm and what others have done in such circumstances.

[jobloggs]

If it were me i would accept the offer on the basis that you will still be claiming the rest.

I think you will find this is the norm going by other people's experience.

The choice is yours at the end of the day though.

[closey]

Use the rejection of settlement offer letter in the bank templates library:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejection-settlement-offer.html

[ashort]

In the letter I received offering me a partial payment, the guy stated that if I didn't accept it and I wanted to escalate my concerns I should write to a Robert Kernaghan. The letter I am sending (see below and thank you closey) is going back to the one who made me the offer but asking him to pass it to Robert should he wish to do so. Is that ok? Plus as they hadn't responded in time to my first LBA letter I sent my second after the 14 day deadline - then the partial offer arrived (their letter was dated 20/9 but arrived on the 27th) Is it ok to give them a deadline of 16/10 (14 days from my 2nd LBA letter) or should it be a further 14 days from my rejection letter date. Really sorry if I'm going on a bit but don't want to mess anything up.

 

Response to settlement offer.

 

Dear Mr Ruane,

Thank you for your letter dated 20 September 2006.

We respectfully decline your offer of settlement and request, once again, that you return to us all charges imposed on this account, totalling £1902.75

We will accept the sum offered (£1223.00) only as part settlement and on the clear understanding that we will pursue recovery of the remainder, with a County Court claim if necessary.

 

Our letter before action sent on the 26th September indicates that you have until 16/10/2006 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

 

We trust this clarifies our position.

Should you wish to pass our letter to Robert Kernaghan, Customer Relations Manager, please do so.

 

The help so far recieved has been brilliant but just feeling a little stressed as the process moves on

[G8_Summit]

Looks fine to me. I predict another letter from them offering the full amount within the next week.

 

Good luck.

[ashort]

Thank you very much. It will be in the post later today.

[ashort]

I wrote to FD accepting a partial offer of £1223 (I requested £1902.75), but informed them that I would pursue them for the remainder through the courts if necessary. I actually gave them 14 working days to respond (expired yesterday). Nothing in the post today so I have no option to use MCOL.

 

I do however have a couple of questions:

 

(1) Is there a time limit on me filing a claim? I warned the bank that this would happen if they did not respond by the 16th (I don't currently have the £120 court fee available - shld have in about a week though)

(2) I have been sending all my correspondence to First Direct in Leeds. It does however sugggest on the site that the court letter should be addressed to the bank's Head Office - I can't find one for FD. Should it go to Leeds or HSBC HO in London?

Thanks

[livelylad]

I wrote to FD accepting a partial offer of £1223 (I requested £1902.75), but informed them that I would pursue them for the remainder through the courts if necessary. I actually gave them 14 working days to respond (expired yesterday). Nothing in the post today so I have no option to use MCOL.

 

I do however have a couple of questions:

 

(1) Is there a time limit on me filing a claim? I warned the bank that this would happen if they did not respond by the 16th (I don't currently have the £120 court fee available - shld have in about a week though)

 

(2) I have been sending all my correspondence to First Direct in Leeds. It does however sugggest on the site that the court letter should be addressed to the bank's Head Office - I can't find one for FD. Should it go to Leeds or HSBC HO in London?

 

Thanks

 

You are ok to wait for a week. i would send it to where you have sent your other letters they will forward it if ness.

[ashort]

I have filed my claim via MCOL and having checked the MCOL website the bank have acknowledged my claim. I have followed every bit of advice from the site so far but what I haven't done is sent the bank my revised schedule of charges (8% interest + court costs) since filing my claim. Should I send them this or wait for the bank to request it.

[ashort]

I have just received a response from FD stating that they intend to defend my claim in full. Although I knew this may happen and will go the whole way if needs be I was wondering whether anyone could tell me if this is the norm?

[Movingon]

I have just received a response from FD stating that they intend to defend my claim in full. Although I knew this may happen and will go the whole way if needs be I was wondering whether anyone could tell me if this is the norm?

 

Absolutely it's the norm. Usually, if you feel intimidated by what the bank say, then yes, it's normal. That is, in fact, their aim. At this stage, why don't you give us the full details so that we can give you some assistance when the time comes?

[mrfitz]

Assuming you sent the schedule (excluding 8% interest) with your initial claim and with your LBA, you don't neeed to send the revised schedule including your interest. If it goes to court (which it won't) you can send one to the court later. They know you can add interest once it gets to the MCOL stage and they also know about court fees.

 

Expect a letter from DG Solicitors soon.

[ashort]

Stonelaughter,

Thanks for your swift response. Details so far:

30/6/06 - S.A.R sent (plus £10 - later returned)

4/9/06 - Req for repayment letter + schedule of charges (£1859 + £43.75 O/D charges totalling £1903.75)

20/9/06 (letter dated by bank but not received until 27/9) - Bank offered £1223.00 (without prejudice)

29/9/06 Letter sent accepting this offer as part payment. I gave them 14 working days to respond i.e until 16/10/06. They didn't respond.

18/10/06 - MCOL claim made including court costs + 8% interest now totalling £2491.84. Court issued claim on 19th (gave 24th as official claim date).

25/10/06 - letter received from court stating that defendent wishes to defend the claim (FD's solicitors in Birmingham)

That's where I'm at.

[ashort]

Obviously the way threads work has confused me. Prior to using this site I had never used them before. (I may still have one more outstanding somewhere) - Really sorry!

 

While I'm logged on thought I'd give a brief update. On Saturday DG solicitors offered me the full amount of 1902.75 which is the amount I originally asked for before having to use MCOL. Obviously this now doesn't cover my court costs or interest and I feel rather cheated but don't want to sound greedy either. I have been advised to ask for the full amount which is just under £2500 which I intend doing tomorrow, although I wouldn't mind some reassurances that this is definitely the way to go. The bank's 28 days are up on 21/11.