Twoofus v First Direct **WON**

[twoofus]

I have just received a letter from FD totaling charges to be added on 10.10.06 of £110ish. This is because I went over my overdraft (£30 charge), they paid 3 bills while over my O/D limit (3 £25 charges = £75) and debit interest (£4). Now I know I went over my limit (struggling a bit at the moment) but it has lead me to believe it is excessive charging and thats why I've come here.

 

I am now just completely fed up of them as its not the first time. I did phone them and ask them to consider the charges but they say 'terms and conditons blah blah blah. When I told them these charges would again take me over my limit they didn't really have an answer as to what I could do apart from speak to there 'credit department'.

 

I have decided along with my wife (she has had same problems) to pursue the matter and start with the S.A.R. but can't seem to find who to send it to, as a lot of you have already done this could you please reasure me I'm doing the correct thing and also give the best name and address to send it to.

 

Many thanks in advance.

 

 

P.S. Thinking of doing Yorkshire Bank aswell, why do they all take from the poorer end of the scale

[Guest ian cognito]

The First Direct address is:

 

40 Wakefield Road, Leeds LS98 1FD

 

I have always forund them quite reasonable, they have funded a couple of charges for me and increased my overdraft temporarily while I got through a sticky patch, but a penalty charge is a penalty charge - good luck with it!

[twoofus]

I did ask them about refunding charges but they catagorically stated that "We will only refund if the error was First Directs". Also when I mentioned about the £12 cap in charges they said it was untrue and that it was in my T&Cs:mad:

[Guest ian cognito]

yeah they all say that, funny how their opinion changes!!!

[twoofus]

I know the address given is on my switch card and I presume they would pass it to the relevent department but I just thought someone on here might have the name and address of the department that would actually deal with S.A.R.s so there is less chance of delay or loss.

 

Thanks

[Karl1968]

The Leeds address is fine, it will find it's way to the relevant dept.

[joebloggs]

My appraoch has been to send all my letters recorded delivery, and not to a named person or department.

All have found thier way to the relevant people.

By putting a name of dep't on the latter they could (as seems to happenn regularly with soem organsiations) they claim they have not recieved an item or it has gone to soemone who has left, holiday, sick and any other excuse they come up with.

Let FD sort out who it needs to go to.

[twoofus]

Thatnks all for your assistance, much appreciated:)

[Big Pants]

Stick with it. Read the FAQs for the process - it's simple but does need an investment of your time to follow it through. You will win, so hold out for every penny taken illegally from you.

 

Sent with the pleasure of having seen £3310.99 credited yesterday :o:D

[twoofus]

Hi all, we have just sent our DPA S.A.R. off to first direct, well yesterday actually by recorded delivery, so they should have received it this morning, hopefully. Any support or info is welcome so please feel free and what sort of time scales are FD getting statements out in, I know they have 40days but are they usually taking this or are they quicker??

 

Thanks

[towerbridge]

First Direct are quick normally by courier you will have to sign, I waited less than a week TB

[twoofus]

Hi

 

As I said earlier we have just sent off for our DPA stuff, BUT, we have actually just found all of our statements and tallied it up.

 

My question is, can we send our prelim letter in now or do we still need to wait for our statements now we have asked for them.

 

My belief is I could sent the prelim straight off now as we have the details of the amount we are claiming back and don't need to wait for DPA stuff as anyone is entitled to request this at anytime regardless of what they want it for. Also, at prelim stage do we need to send the full spreadsheet itemising everything or can we just send them a request for the total figure without itemising.

 

Just want a some second opinions really, thanks

[joebloggs]

Perhaps best to wait for the statements, double check your figure then let the process begin.

[twoofus]

Just received two letters this morning (one for me and one for my wife) telling us they will send the info we requested and returning our cheques. Very prompt FD, keep it up.lol

[jobloggs]

prompt so far, i'm well into my third week of waiting for statements for my visa account.

Doesn't worry too much will just mean a complaint to the Information Commissioner when the time has been exceeded.

Had enough of playing games with these people they chose a fight and a fight is exactly what they will have.

[twoofus]

Good for you mate, don't let them get away with anything because they wouldn't let you. We actually have found our statements now so aren't going to wait for theirs to come, we are just gonna send the prelim letter off with the charges sheet and keep the copies they send for future reference. That will confuse them.lol

[twoofus]

My wife sent her prelim off yesterday (23/10/06) by first class recorded delivery so they should have got it today and the 14 days have started ticking. Time to sit back and wait for there reply.

 

Gonna do my spreadsheet tonight and get mine off tomorrow hopefully.

[twoofus]

Mine was sent off today so they should get that tomorrow.

[twoofus]

Hi all, my wife received a letter from FD this morning, its one of the standard ones i've seen on here, you know, without prejudice....its T&Cs....we feel we would win if it went to court....mindful of unrecoverable time and legal costs....so we are offering 950 as full and final settlement.

 

Now as my wife is claiming £1200 and we are going to pursue it, I am going to send a thanks but no thanks letter but do I now send my LBA or give them chance to respond to the rejection letter.8-)

 

Just shows you doesn't it, all that time paying costs and one letter later they are almost giving you it back. B*st*rds:mad:

[gill fleming]

YOU ARE LUCKY. I WAS HOPING THAT ID GET ONE OF THESE LETTERS. I THINK BECAUSE IM CLAIMING FOR ALOT OVER 6 YEARS THEY WANT TO HANG IT OUT ABIT. GOOD LUCK WITH YOUR CLAIMS.

[mrfitz]

I am going to send a thanks but no thanks letter but do I now send my LBA or give them chance to respond to the rejection letter.

You should adapt the LBA stating that you accept their initial offer as partial settlement of your claim against them, but that you will continue to pursue them for the whole amount, giving them 14 days to settle in full. If they don't settle then file your action aginst them.

 

They will pay up.

[twoofus]

Thanks mrfitz, thats the info I was looking for. Wasn't sure whether to send a rejection letter and LBA separately or as you have said, adapt the LBA.

 

Thanks again

[twoofus]

Do you think this letter I have adapted would be ok,

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I am very disappointed that you have failed to offer me the full amount that I was requesting in my previous letter dated 23/10/2006, and although I must thank you for your swift response on this issue I must also inform you that I am not prepared to accept your offer of £958 as Full and final settlement.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1195.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 23/10/2006

 

I require repayment in full of this money and 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.

 

 

Yours faithfully,

 

 

Any comments or suggestions guys

[mrfitz]

You might want to put a sentence in the first paragraph saying that you would accept their offer as partial settlement. This won't make a huge difference as I don't know of any FD cases where a "partial acceptance" has been paid. But otherwise your letter's fine.

[twoofus]

Thanks mate, i appreciate your help. Letters going off this morning.