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Gill And Pete Vs First Direct


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HI ALL

HAVE SENT MY LETTER OFF THIS WEEK TO FIRST DIRECT FOR REFUND OF CHARGES OF JUST OVER £3000.00 OVER THE LAST SIX YEARS. THIS INCLUDES

INTEREST. JUST WAITING FOR A REPLY NOW. WE HAVE ALSO SENT OFF TO SMILE FOR REFUND OF CHARGES. WASNT GOING TO ASK FOR REFUND FORM FIRST DIRECT BUT AFTER HAVING READ ALL THE INFO ON THIS SITE AND OTEHRS WE DECIDED TO GO FOR IT. AT FIRST FELT BAD BUT NOW JUST WANT MY MONEY BACK.

WILL KEEP YOU POSTED.:smile:

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HI ALL

HAVE SENT MY LETTER OFF THIS WEEK TO FIRST DIRECT FOR REFUND OF CHARGES OF JUST OVER £3000.00 OVER THE LAST SIX YEARS. THIS INCLUDES

INTEREST. JUST WAITING FOR A REPLY NOW. WE HAVE ALSO SENT OFF TO SMILE FOR REFUND OF CHARGES. WASNT GOING TO ASK FOR REFUND FORM FIRST DIRECT BUT AFTER HAVING READ ALL THE INFO ON THIS SITE AND OTEHRS WE DECIDED TO GO FOR IT. AT FIRST FELT BAD BUT NOW JUST WANT MY MONEY BACK.

WILL KEEP YOU POSTED.:smile:

 

 

Have you claimed contractual interest? if not why have you added the interest on the prelim letter?

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Sorry Gordon F. Im Not Sure. I Asked First Direct If They Would Refund £2300.00 And On The Spreadsheet Which I Used From The Site It Had Added On The 8% Interest. I Just Sent Them The Letter Asking For The £2300.00 And The Spreadsheet Hoping They Pay The Interest Befor I Have To Take They To Court.

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VERY QUICK RESPONSE FROM FIRST DIRECT BUT NOT A GOOD ONE. HERE IS WHAT THEY WROTE.

 

FD DOES NOT AGREE WITH YOUR CONTENTION THAT THE CHARGES WHICH HAVE BEEN APPLIED TO YOUR ACCOUNT ARE UNLAWFUL AND ARE THEREFORE UNFORCEABLE. THE CONTRACT BETWEEN THE BANK AND ITS CUSTOMER IS GOVERNED BY OUR ACCOUNT TERMS AND CONDITIONS. IN RESPECT OF OVERDRAFTS, I WOULD REFER YOU SPECIFICALLY TO PART 2 OPERATING YOUR ACCOUNT CLAUSE 6.9 WHICH STATES:- I WONT WRITE IT ALL DOWN. GOES ON TO SAY :- OUR FEES AND CHARGES ARE CLEARLY STATED IN OUR PUBLISHED INTEREST RATES AND CHARGES LEAFLET AND THE CIRCUMSTANCES IN WHICH THESE CHARGES APPLY ARE CLEARLY SET OUT IN OUR TERMS AND CONDITIONS, WHICH YOU WILL HAVE BEEN PROVIDIED WITH.

WE ARE THEREFORE UNABLE TO AGREE TO YOUR REQUEST. IF YOU WISH TO ESCALATE YOUR CONCERNS TO THE NEXT STAGE YOU CAN WRITE TO ROBERT KERNAGHAN, CUSTOMER RELATIONS MANAGER. COMPLAINTS WE CANNOT RESOLVE MAY, ULTIMATELY BE REFERRED TO THE FINANCIAL OMBUDSMAN SERVICE.

 

THIS SOUNDS VERY SCARY. WHAT NEXT? SHALL I SEND A STANDARD LBA TO THIS MR KERNAGHAN? HAVE GOT IT READY TO GO.:confused: CAN ANYONE ADVISE????

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Don't let them scare you, it is them that are scared and just trying to frighten you off with legal and T&Cs rubbish in the hope that you give up. You have received an unsatisfactory responce to your prelimenary letter so it is time to send off your LBA.

 

Keep the faith, good luck

My YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

Wifes YB account: S.A.R. 11/10/06: Prelim 23/11/06: LBA 27/11/06: Offer Rejection 17/12/06: MCOL 09/02/07

Joint YB account: S.A.R. 11/10/06: Prelim 09/02/07: LBA 17/02/07

My FD account: Settled

Wifes FD account: Settled

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Up-date. Have Had Letter In Post From Fd A Mr.kernaghan. Fd Wont Offer Money Back Goes On To Explain Charges T&c Blah Blah Can Complain To Financial Ombudsman Blah Blah.

Why R Fd Not Consistant? Some Peolple Get Offers Straight Away Others Have To Go Through Mcol. This Is My Route Now.

Does Anyone Have A Template For This? I Know You Are Restricted To How Many Words/letters/line Etc But I Want To Get This Right.

Any Info Helpful. Gill

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Gill, take a look at my thread (link in my signature) and read what I used for my MCOL (obviously if you're going to use mine, which you're more than welcome to, please remember the change the account number, amount claimed and interest amounts!)

 

Keep us posted, and well done so far!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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  • 1 month later...

Quick up-date fd sollicitors d&g have sent us a letter offering 3030.70 which is about 400.00 short. We want the whole amount but need a copy of the letter that tells then we accept this as partial payment. anyone help? Have had a look but could not find it. This letter also has a section on saying That we agree not to claim again and to keep it confidential. Many Thanks Gill

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Same thing happened to me.Just reject the offer and go for full amount,ignore any confidientially clause.They coughed up the full amount 7 days later.All this is done to frighten customers witless so that they will be too afraid to do anything.Dont forget NO BANK HAS YET EVER GONE TO COURT TO DISPUTE A CLAIM.Keep up the pressure and use the correct template letter and you will win

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Quick up-date. Sent letter to DG Sollicitors last Thursday. Accepting amount as part payment with intention to pursue for the rest. No news yet. Was Hoping to have money for Christmas but hay still got a few days left. They have to file a defence in 28 days from the date 11th December 2006. What happens if they don't and they havent settled?

Should I ring today and find out if they have received my letter?

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When i got my letter from dg i had to sign at the bottom and send the copy back. It had all the bits about full and final settlement and no other claims etc. So I put a line through the bits I dont agree with and signed it. I also put in a covering letter saying:- I will accept the sum offered only as part payment and on the clear understanding that I will pursue for the remainder. I will withdraw my claim upon the receipt of full unconditional settlement of my claim.

 

Yesterday got letter back form DG

 

Thank you for returning the signed settlement letter. We confirm the agreed sum will be credited in the next 7 days Once you have received the agreed sum we considered that the matter will be concluded etc etc.

 

checked my bank account and there it was. But it is not the sum I wanted. Have I lost out because I signed that letter? even though I crossed out the bit about full and final. no other claims etc etc. Can anyone help can I still pursue for the rest which is about £400.00.?

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