darren j vs FD *** WON***

[darren_j]

16-Oct-06: Prelim letter sent

 

Claiming for £169 (It all counts!)

[monkey_uk]

Great! Keep us posted!

[joebloggs]

Too right it all counts.

[darren_j]

Right received a letter back dated 18-Oct. Summary as follows:

 

Paragraph 1: Bank charges are in effect legal and we are justified and totally correct in applying them to your a/c, etc, etc

 

Paragraph 2: So much so that we are prepared to offer you a settlement of £145.

 

Basically the letter states that they are unable to refund the remaining two £12 credit card fees as this is 'the revised charging structure following the OFT's ruling.'

 

The offer is a full and final settlement and if I am not happy then I'm to go to the ombusdman.

 

From the step by step instructions it recommends that I should accept the offer, but only as a partial settlement and that I should continue to claim the remaining £24. Should I do this by amending the reply slip they sent me? Or should I state this in an LBA when I seek to claim the remaining £24?

[Michael Browne]

Amend the 1st paragraph of the LBA (but still claim for the whole amount, since you haven't actually got the £145)

 

Thank you for your letter dated xx/xx/xx and settlement offer of £ XXX

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

[joebloggs]

Interesting, so are FD acknowledging by changing thier penakty charges the original charges were not compliant with the pints raised by the OFT?

 

Wriggle and wriggle all you want FD, a pointless exercise as it will cost you in the long run.

[mrfitz]

And will they be reducing their charges to £12 in future?

 

It's worth pointing out that the OFT did not say that £12 was ok - just that they'd be unlikely to challenge that kind of fee. Doesn't make it lawful.

 

Keep on your timetable and you'll get the whole lot back.

[darren_j]

In the LBA do I need to repeat the sections which I have already sent in the prelim letter (eg references to how shocked I am, contract law, etc) or will the below suffice?

 

Thank you for your letter dated 18-Oct-06 and settlement offer of £145.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder as these fees are unlawful at Common Law, Statute and recent Consumer regulations.

 

I calculate that you have taken £169 in total. I enclose a schedule of the charges which I am claiming with this letter. I have already sent you a copy of this in my original letter of the 16-Oct-06.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Thank you all for the responses so far.

[darren_j]

LBA letter sent dated 26-Oct-06.

[darren_j]

Received letter from F/D dated 30-Oct-06. In summary they are not able to help as it was their final response and that I'm to go to the Ombudsman if I'm still not happy.

 

MCOL here I come, but just a few quick questions...

 

I never sent any details of the 8% interest and the o/d interest with my schedule of charges. I see now that I have to do this before I can claim. Should I just write a further letter stating that I will now be going to court and attach the full schedule again along with the interest charges?

 

Secondly, with regards to the o/d interest, how accurate do the calculations have to be. For example, I have been overdrawn on this particular a/c for at least 95% of the time so therefore any charge applied to my a/c will (roughly speaking) have accrued o/d interest 95% of the time (as i would have been in credit the other 5% of the time). So do I have to work out exactly to the day how long my a/c was overdrawn (and therefore accruing o/d interest), or can I accrue for the full period. I hope that makes sense and If someone could please advise as I guess I would leave this out of the claim for the sake of £15 or so if you have to be exact (which is what I suspect).

[darren_j]

Anyone able to help with the above?

[Michael Browne]

Should I just write a further letter stating that I will now be going to court and attach the full schedule again along with the interest charges?

No need. See below

 

 

If someone could please advise as I guess I would leave this out of the claim for the sake of £15 or so if you have to be exact (which is what I suspect).

Lots of people don't bother because they find the s/s too complex and often doesn't amount to that much

 

When you file at MCOL send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

[darren_j]

Thanks Michael.

 

One quick question before I submit.

 

Does anyone know if the correct address for First Direct is 40 Wakefield Road, Leeds, LS98 1FD? The contact section on the site seems to suggest I should use the HSBC address?!

[androobe]

That address is fine... it's where I've been sending everything and I've read plenty of other posts from people who always use that address with no problem.

[darren_j]

Thanks Androobe.

 

I'm sure it's ok, but want to make sure I get it right so is the below ok for my particulars of claim?

 

I have a contract with First Direct Bank PLC for an account and credit card (a/c number xxxxxx xxxxxxxx and xxxxxxxxxxxxxxxx), conducted on their standard terms and conditions. I am claiming return of money taken by the Defendant in the way of charges since 07/09/04, totalling £169.00. The Defendant is aware of all details as a list of charges has already been supplied and another copy will be sent. I contend that the charges exceed the Defendant's losses caused by the breaches and are therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. I have repeatedly asked the bank to justify their charges but they have declined to do so. I also claim interest under S.69 of the County Courts Act 1984 at rate of 8% a year which totals £9.10 and continues until judgment or settlement at a daily rate of £0.04.

[Michael Browne]

Seems fine to me.

[darren_j]

Claim now filed with MCOL dated 19-Nov-06

[darren_j]

First Direct acknowledged 27-Nov-06.

[monkey_uk]

whoohooo, not long now

you'll have the money by Christmas I'm pretty damn sure of it!

 

Expect a letter from Dg in the post shortly....

[darren_j]

Fingers crossed as I need it! I don't have to do anything I take until I get a letter I gather?

[darren_j]

Good news! DG have sent me letter offering a full and final settlement of £208.10.

 

It's the ususal letter saying they believe the charges are fair, but due to costs, etc they will refund the charges and costs.

 

A few quick questions.

 

1. What does 'without prejudice' mean?

 

2. They wish me to sign the below:

 

'I accept the sum of £208.10 in full and final settlement of my claim against HSBC. I agree to keep the fact of my claim and HSBC's ex gratia payment strictly confidential'

 

Am I to cross out the confidential bit and then I will still be in a position to claim in the future?

 

3. Finally, once I receive a cheque am I then to write a letter to the court to let them know we have settled?

 

Sorry if the above are obvious questions.

[Michael Browne]

Send your own acceptance letter, alomg the lines of:

 

Date

 

Dear Whoever

 

Ref: Your Offer of Settlement

Account: xxxxxxxx

Sort Code xx-xx-xx

Claim No: XXXXX in XXXX County Court

 

I acknowledge receipt of your letter date xx/xx/xx and your settlement offer of £XXX

 

I accept your offer as full and final settlement for this claim of bank charges

 

I accept this offer without predjudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £xxxxx, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

 

Yours Sincerely

[darren_j]

Thanks Michael.

 

Letter sent dated 02-Dec-06.

[darren_j]

No response since the last letter. Is it worth calling DG or writing another letter to chase them or shall I just wait?

[darren_j]

Good news. Letter received dated 12-Dec-06 to confirm the funds will be credited to my a/c in the next 7 days.

 

They thank me for returning the signed settlement letter (which I didn't as I used the draft from above) and that they would like me to sign a slip confirming that the agreed settlement funds have been received and that the CC claim has been concluded. The letter still has without prejudice at the top, but I presume this is not a problem?