Bookmark1976 v First Direct **WON**

[bookmark1976]

Hi

 

I have been reading the threads on here since Sunday and have sent my Data Protection Act request letter off today (by registered post) and waiting with baited breath for my statements. I KNOW they owe me at least £1000!

 

Am feeling slightly apprehensive as I'm wondering how far this process will go, but knowing lots of others have been through the same experience and have lots of good advice helps!!

 

Fingers crossed.

 

Bookmark1976

[livelylad]

Hi

 

I have been reading the threads on here since Sunday and have sent my Data Protection Act request letter off today (by registered post) and waiting with baited breath for my statements. I KNOW they owe me at least £1000!

 

Am feeling slightly apprehensive as I'm wondering how far this process will go, but knowing lots of others have been through the same experience and have lots of good advice helps!!

 

Fingers crossed.

 

Bookmark1976

 

Hi dont worry you will get your cash in the end.

[wijit]

Hi Mr/Ms 1976, I felt exactly the same, and to a degree I still do. I'm part way into my claim and have very much mixed emotions about it. The folk on here are extremely supportive (after all we are in the same boat, natch) Don't worry you will win. Stick to your guns and, more importantly, to your timetable.

[bookmark1976]

Received standard reply today stating that my statements are being delivered by courier - and my cheque was returned, yippee!

[bookmark1976]

I've just opened an account with Natwest (I know they are no better!) online incase FD get nasty and close my account once I start asking for my money back. I have a hefty overdraft with FD which I know will be paid off once I get my money back, I'm worried that they will ask me to pay it back asap - before repaying me!! Not sure what I'd do if that happens. Does anyone know if that is likely?

[bookmark1976]

Got the statements today and have already been at them with my highlighter pen! Looks like I'm owed around £1500. I am unsure about some things I can claim back (sorry to be a pain!) Can I claim back

Unpaid cheque charge £100.00

Sterling Draft (????) £10.00

Charge Arrangement fee £15.00

Charge Renewal fee £15.00

 

Thanks for the help!!

[wijit]

I don't know exactly what the sterling draft is, but the unpaid cheque fee (if it is a charge for the cheque not being paid out) can be claimed back. The other two depend on if they were requested by you. If they are a service First Direct provided because you asked for it, then no, you can't claim them.

[G8_Summit]

£100 for an unpaid cheque !!!! Are you sure that this wasn't a cheque that you wrote for £100 that was unpaid ??

 

Also, charge for a sterling draft is the charge applied when you asked for a bankers draft.

Arrangement fee is for when you have asked for an overdraft to be arranged. Similarly, each year, a renewal fee will be charged when you overdraft is renewed.

All three of these things are fees for services you have requested and therefore are not illegal charges.

[bookmark1976]

It says on the statement unpaid cheque and then £100.00 is taken out!!! It does seem extremely excessive!!

 

I have another quick question and I've tried searching for the answer but to no avail.

 

I have two accounts with FD that I am claiming for. Do I send the two spreadsheets in the same envelope with just one prelim letter or send them in two seperate envelopes?

[wijit]

You should be OK sending them together, but make sure you clearly indicate the details of the claims in your prelim.

[claire78]

The £100.00 will almost certainly be the amount of the cheque that was returned, and not the charge applied for it, so no dice sorry.

[bookmark1976]

I have sent my prelim letters for both accounts (sent them seperately just in case).

[bookmark1976]

I have received an acknowledgement letter from FD today saying they are sorry I have cause to complain and will certainly reply within the next 10 working days.

[biskitt]

Good luck. What is First Direct's correct address to send all correspondance to?? Thanks

[wijit]

It's the 40 Wakefield Raod, Leeds. LS98 1FD which is on all your correspondence. Address it to "Customer Services" and away you go! Good Luck.

[bookmark1976]

"You're right you can't claim for an overdraft fee, if it's an arrangement fee, but First Direct call their charge for going OVER your overdraft an overdraft fee. You would only pay an arrangement fee once every six months or a year (unless you increase your overdraft) and as far as I know they haven't charged arrangement fees for smaller overdrafts for a while (anyone else correct me if I'm wrong here). So, if it's a monthly charge, it's almost certainly for going over your overdraft. The excess overdraft fee is charged the 2nd and subsequent times you exceed your limit in any one month."

 

I read this in another thread and I am worried as this means I have sent off my Prelim letter asking for the wrong amount!!! Can someon confirm the above for me? I have claimed all excess OD fees, but I have also been charged an OD fee of £30 every month. Can I claim this back then?

[biskitt]

Many thanks for the address!

I know i can claim for a maximum of 6years, but is this 6 years from back from today or can i claim for a 6 year period, ie. 1998-2003?

 

Additionally, do i just send off a copy of the 'charges page', a copy of the original statements or both? Thanks

[livelylad]

It says on the statement unpaid cheque and then £100.00 is taken out!!! It does seem extremely excessive!!

 

I have another quick question and I've tried searching for the answer but to no avail.

 

I have two accounts with FD that I am claiming for. Do I send the two spreadsheets in the same envelope with just one prelim letter or send them in two seperate envelopes?

 

 

Can you confirm that £100 was taken out? If so are there other charges on that statement with no cash amount next to them? They sometimes lump all the charges for a month together. So the £100 may indeed by actual charges and is therefore claimable. What is The normal charge fee?

[androobe]

Yes, this is what they call the first fee they take each month for going over your limit. Claim it too, don't worry about your previous prelim, just send another one saying you have discovered they have taken more unlawful charges than you previously realised. Don't let them get away with it!

[wijit]

Many thanks for the address!

I know i can claim for a maximum of 6years, but is this 6 years from back from today or can i claim for a 6 year period, ie. 1998-2003?

 

Additionally, do i just send off a copy of the 'charges page', a copy of the original statements or both? Thanks

There are some useful templates on here, but all I did wa identify all of the charges I was claiming and printed them out, listed neatly and showing all of the relevant dates and posted it along with my letter demanding repayment.

[bookmark1976]

Then do I set another 14 day time limit for them from the date of the second letter?

[bookmark1976]

I have found out on another thread that I can claim back overdraft fees and I had only claimed back excess overdraft fees. (and I thought I had done all my research!!) I am sending another letter stating that I have added charges blah, blah. Will I need to set another 14 days time limit from the new letter or stick to the old one??

I'm worried that FD is going to know that I don't know what I'm doing!! Please help.

[livelylad]

I have found out on another thread that I can claim back overdraft fees and I had only claimed back excess overdraft fees. (and I thought I had done all my research!!) I am sending another letter stating that I have added charges blah, blah. Will I need to set another 14 days time limit from the new letter or stick to the old one??

I'm worried that FD is going to know that I don't know what I'm doing!! Please help.

 

Are you sure? I think you may be getting confused you can not claim back your overdraft fee as it is a fee for a service ie the overdraft.

[bookmark1976]

"You're right you can't claim for an overdraft fee, if it's an arrangement fee, but First Direct call their charge for going OVER your overdraft an overdraft fee. You would only pay an arrangement fee once every six months or a year (unless you increase your overdraft) and as far as I know they haven't charged arrangement fees for smaller overdrafts for a while (anyone else correct me if I'm wrong here). So, if it's a monthly charge, it's almost certainly for going over your overdraft. The excess overdraft fee is charged the 2nd and subsequent times you exceed your limit in any one month."

 

This is what I read. I am really confused now!

[androobe]

You CAN claim these I am 99.9% sure. Unless you remember agreeing to paying £30 a month - I don't think anyone would do that! IF by very very remote chance I'm wrong, FD will explain this in their first response (we are unable to consider because...). I claimed for one charge which they reckon they already refunded and they just told me in the letter... doesn't affect the rest of the claim.