ngibson v First Direct **SETTLED**

[ngibson]

Hello everyone. I finally got my finger out this weekend and decided to claim back the charges I have paid to First Direct over the past few years. I had statements back to Feb 2002 and started keying them into a spreadsheet. My first step will have to be to request charges details for the period Sept 2000 to Jan 2002 which I'll do as a DPA request.

 

Could someone advise me on what charges I can reclaim? Looking at my statements I have charges in the following categories.

 

Overdraft Fee

Excess Overdraft Fee

Recall SO-DD

Unpaid Item

Interest Charges

 

If I had an agreed overdraft then I am assuming that the "Overdraft Fee" charge is not reclaimable. Is that the case?

 

How on earth can I work out what element of the interest charges I can reclaim?

 

I was shocked when I added up all of the charges. At the moment it adds up to between 3 and 4K depending on what items I include. Well worth following up!

[Bookworm]

Overdraft Fee - no

Excess Overdraft Fee - yes

Recall SO-DD - yes

Unpaid Item - yes

Interest Charges - partially. No to the interest arising from YOUR spending, yes to the interest levied on the penalty charges as above.

[ngibson]

Thanks for that Bookworm. I don't think I will be able to calculate the interest part but the charges part is well worth progressing.

[scarymary]

sorry to hijack your thread but this is getting so so confusing i thought you could claim for overdraft fees dont mean the interest ???

please help, what exactly on your statement can you claim for ???

[ngibson]

My Subject Access Request letter will be in the post tomorrow (Sept 26).

[ngibson]

I think that the difference between "Overdraft Fee" and "Excess Overdraft Fee" is that the "Overdraft Fee" is for a service which you, the client, has agreed to. The "Excess Overdraft Fee" is the penalty for exceeding the agreed overdraft.

 

Perhaps someone with a bit more experience can confirm or correct my understanding.

[ngibson]

29/9 - Letter back from FD today with my uncashed cheque and a letter saying that my statements would be send by courier.

[ngibson]

20/10 - DHL attempted to deliver the statements yesterday but there wasn't anyone home to sign for them (something for people to consider if they are out at work all day). Rearranged delivery for today. Now I need to go through the statements I am missing at tot up the charges.

[ngibson]

My reclaim letter and schedule will be in the post to FD tomorrow. Total charges for period Jan 2001 to date is £4673.50!

[ngibson]

Received letter from FD today (sent 8/11) saying that they do not agree blah blah blah.

 

I guess the next step is the Letter Before Action letter which I will write this evening and post tomorrow.

[ngibson]

In response to my LBA I have received today (22/11) a letter from Robert Kernaghan saying that he has reviewed my concerns and doesn't agree that the charges are unlawful. He then goes on to say that I am welcome to refer my complaint to the Financial Ombudsman Service "as this letter consitutes the bank's final response".

 

This seems to be a slightly different response to that which most other people have received. Is this a change of stance, or are they just pushing back a bit harder as I am claiming back more than the average claim.

 

I guess the next step is to start the court procedings. Do I need to write another letter back to FD? or do I just let them find out via the courts?

 

Any advice and support would be appreciated as I was hoping to have seen a chink in FD's armour without going through the court stuff.

[ngibson]

I have just been having a quick look at the Moneyclaim website. I'll work out what I have to do to submit a claim tomorrow. However, now it is time for bed.

[ngibson]

I have just finished submitting my claim through MoneyClaim. All seemed quite straightforward. My only uncertainty is that there did not seem to be any way of attaching my breakdown of the charges.

 

Total Claim = £4793.50

[androobe]

Good Luck... keep us updated!

[applegatebaby]

Hi just to say that it seems like you got exactly the same kind of response as me. i am claiming £2222 back. Although i did claim for the overdraft fee as i only have a £500 overdraft with FD which is fee free - apparently. They charge you £30.00 for anythime you go over your agreed limit then £25.00 per day you remain over this limit which is the excess overdraft fee. I lodged my money claim on 20.11.06 and they acknowledge it 24.11.06 so they have 28 days to decide what to do?

Keep us posted with how you go.

 

Best of luck

Leah

[ngibson]

Received a letter today (dated 4th Dec) offering me £2396.75. i.e. half of my claim (excluding the interest). I think I'll reject the offer but accept the offered amount as part payment.

[ngibson]

Does anyone have a template for a letter to the bank's solicitors rejecting the ir offer of half my claim? I could make one up but would feel more comfortable with one that has worked in the past.

 

Should I push for the full amout of charges + interest or offer to settle at just the charges?

 

Advice gratefully accepted

[applegatebaby]

I got a letter offering half too. There is a letter in the templates libary along the lines of i will accept as partial offer and continue if necessary through court to claim remaining amount.

 

Goods luck and keep us posted.

 

Leah

[gordonf]

I got offered half as well, so there is a clear pattern. Did yours come from DG Solicitors?

 

Where's this letter in the templates library, I can't see one?

[ngibson]

Yes my offer was from DG Solicitors. I have written back rejecting their offer. I also couldn't find a template that fitted this exact case i.e. rejecting an offer from the bank's solicitors. This is the wording I used. You are welcome to use it.

 

My address

 

Their address

 

Dear Sirs

Re: Request for repayment of charges

Account number: xxx

Claim number: xxx

 

Thanks you for your letter of xxx kindly offering the sum of £££ in respect of my claim for repayment of charges made to my First Direct account

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, if necessary, by continuing the County Court claim.

 

As you will be aware, the claim submitted to the Court totals £££ (comprising £££ in charges, £££ in interest and £££ courts fee). As a gesture to aid the swift conclusion of this matter, I would be willing to accept the sum of £££ in full settlement providing an offer is made in the next seven days.

 

Yours faithfully

[ngibson]

Response back from DG Solicitors. Can't say much about it as I am asked to keep it confidential. I will accept the offer though.

[gordonf]

Good news. I'm sure we will read into your decision to in various ways, and I can't wait to see if I've got a DG letter when I get home at the end of the week.

[gordonf]

As I stated on another thread, I also had a second offer from DG this week. Unlike yourself, I didn't include a counter offer in my letter, but I've done so in rejecting this offer. Just out of interest, how close to your offer were they? I appreciate you can't give details or actual figures but an indication would be interesting.

[ngibson]

The offer was for the full amount of the claim that was submitted to the court (not including interest)

[gordonf]

That's what they offered me but I'm pushing for at least some of the statutory interest. I'll let you know how I get on.