Twoofus v First Direct **WON**

[twoofus]

I have just received an offer of about £600 which is £150 short of what I was requesting. Just typing up a modified LBA with rejectance of that amount as full and final settlement and only accepting it as partial settlement. FD have been really quick in responding to these letters, usually within 4/5 days so we'll see what happens next.

 

:grin: :grin: My wife is about a week ahead of me and has just been offered the full amount she was claiming as full and final settlement. This is fantastic and has all been done in less than 2 weeks, we can't quite believe it :D .

 

;-) A very big thanks to anyone who has assisted us, you've been amazing;-)

[bushboy]

Congrats twoofus.

 

I have just recieved today a letter from FD for £1100 against a claim of £1300. THey also state that it includes £185 yet to be taken from my account for recent overdraft violations, which is surprising as I only claimed £130 that is yet to be taken. Bastards are still hitting me.

 

So tonight I will send them an I'll accept as partial payment & increase my original figure by the extra £55 you are going to take that you advised in your letter.

 

Bushboy

 

 

PS.

 

FD have also returned mine & my wife's £10 cheque for our now closed Visa Data.

 

Kind people

[twoofus]

Thats exactly what they did with mine and my wifes offer Bushboy, within a week they offered her the full amount and I've just posted my Rejection/LBA today.

 

Keep going mate, shouldn't be long now.

 

P.S. I am finally looking forward to Xmas

[twoofus]

Just received a letter from FD today offering me the full amount I was claiming as full and final settlement. I have just signed and posted the acceptance so just have to wait for the money to clear and then thats both myself and my wife completely settled with FD.

 

I have to say (again) that I am astonished at how quickly FD have dealt with us and without any great fuss, just a shame other banks don't follow FD's lead, they are (IMHO) a very good bank to deal with and although they shouldn't have taken the amount they have in charges, they have dealt with our complaints efficiently and without trying all the games others have so well done FD.

 

As our 'business' on the FD thread is pretty much finished, I would just like to thank everyone on here for your help and support. THANKS.

Yippidy doo daa yippedy day

[bushboy]

Congrats twoofus,

 

I too have recieved a full repayment offer & have accepted today. I also agree that for the smaller to medium claims FD are acting quickly and fairly.

 

I've still to recieve Visa statements.

 

bushboy

[twoofus]

Hi all,

 

I've not been on here for a while but my how its grown since the bank charge days

 

Right, I entered into a debt Management plan with CCCS about 6 years ago and most of my creditors defaulted me between February and November of 2007.

 

This means that throughout this year most of my defaults will drop off, or so I believe.

 

Now, First Direct never defaulted me and marked me on CRA as green paying on time from Feb 2007 till November 2012 when they decided to Default even though I'm paying the same as I always have!!

 

I phoned and they said they transferred the debt to a DCA in the November so they Defaulted it at that point, apparently policies have changed within First Direct.

 

I probably know the answer but can they just do this after 6 years

[dx100uk]

the reason that they gave is NOT justification to default the debt

 

but

 

there is nowt to stop them defaulting your debt at anytime though.

 

i'll get brig to comment further

 

now FD are known as big charges

 

got any penalty charges or PPI on it?

 

dx

[twoofus]

No I haven't got any Penalty charges or PPI.

 

Thanks

[cerberusalert]

See page 9 onwards http://www.experian.co.uk/www/pages/downloads/compliance/guidance_on_defaults.pdf

 

Time to complain to the ICO https://www.ico.gov.uk/Global/contact_us.aspx

 

Although there will be some flexibility in the definition of a breakdown, we believe there should be general rules for the minimum period of arrears which should exist before a default can be filed. Equally there should be a maximum period after which, if anything is to be recorded with a credit reference agency, a default must be filed. The following are in line with the practices currently adopted by most lenders.

• Accounts should not be routinely filed as being in default where full payments or those due under a rescheduled agreement are fewer than three consecutive months in arrears.

 

• Accounts should normally be filed as being in default where those payments due have not been received for six months.

[twoofus]

Wow thanks.

 

So basically I need to write to the ICO stating that First Direct didn't file a default within 6 months of the debt going onto reduced payments, and that waiting for 6 years before entering a default is unfair on the basis I have made arranged payments accepted by FD and will now be treat less fairly than someone who didn't pay their debt at all.

 

Am I miles off the mark

 

Anyone know where there's a template letter

[cerberusalert]

It's generally seen as unfair to register a default after a year & as they have accepted a DMP and you had rearranged repayment plan which you haven't defaulted on they shouldn't have recorded a default in any case.

 

If you telephone the ICO & have a chat with an advisor or even email them they will be able to explain all.