anttreas Vs first Direct

[anttreas]

First of all I would like to say a HUGE thank you to everybody, especially the main people here on The CAG.

You have given me a lot of help and information with no thought of gain for yourselves.

I am starting claims with Barclaycard, First Direct and Barclays.

I hope I am successful and will keep you all updated.

 

I have just typed up my letter for first direct (for a relativley small amount of £140) but every little helps!

[Bookworm]

You are very welcome, and very well done to you!

 

Don't forget to start a separate thread for each claim, if you haven't done so yet ! It will help you and us keep track of what's happening.

[vix2000]

Hi anttreas.

Look at Edinburgheire's thread. FD gave him a refund for a relatively small amount.

Lets hope they do the same for you. Will keep my fingers crossed!!!!!!

GOOD LUCK.

[anttreas]

Thanks to all for ur support.

Havin a slight delay as I have found I have no ink in my printer!!!!

Some on order

I have noticed that first direct normally refund small amounts so looks good on that count.

[anttreas]

I have just been browsing around and it suddenly dawned on me, I sent a Letter Before Action to First Direct, before I sent anything else. I think I should have sent a preliminary letter first.

They are the only bank who have not yet got back to me.

Have i messed it up?!

 

Ant

[Spiceskull]

Do you mean that you sent the second letter before action, or the first letter before action requesting your refund?

[anttreas]

The letter I sent is below, I am just worried that I should have requested the money unofficially before sending a letter before action?

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

I now understand that the regime of 'fees' which you have been applying to my account in relation to 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 use First Direct for all my banking and have recommended you to many people. I have always found your customer services department very helpful with all my problems and queries. I hope I will not be disappointed this time.

 

I calculate that you have taken £140 in charges during my time with you.

 

I am requesting 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.

 

[Spiceskull]

It is best to follow the examples from the templates in the library, and this letter has left a couple of points out. However, as the amount is reasonably small you may just get lucky.

 

As you are making the request, and you will be setting the timetable, you will need to be a little clearer in what you are claiming, and why, if the bank decides to not play ball.

 

My suggestion is to wait and see what sort of response you get. If they pay up - great. If not, come back to the boards, and people will pick up and offer advice at that point.

[paulmc60]

And if they do pay up, let us know.

[anttreas]

Hi,

I had a thread a couple of weeks ago stating that I messed up and sent First Direct a Letter Before Action instead of a preliminary request letter.

At the time, many helpful people contacted me, saying to wait and see what happened and then come back for help.

It has now been well over the 14 day period and havn't heard a thing from them.

 

My current line of thought is to send out the prelim letter (recorded) and appologise for the previous letter, stating that it was sent in error.

 

Any ideas?

 

 

 

Thanks to you all.

Ant

 

 

MOD NOTE: THREADS MERGED TO MAKE IT EASIER TO FOLLOW CASE

[MondeoST24]

Personally, knowing what I know from my own experience I would just file your claim.

 

They will file acknowledgement of service

 

Few days later you will get a letter from DG Solicitors offering settlement in full

[anttreas]

Personally, knowing what I know from my own experience I would just file your claim.

 

They will file acknowledgement of service

 

Few days later you will get a letter from DG Solicitors offering settlement in full

 

So just file a claim with the courts and see what happens?

 

>PS ST24's r nice cars!

[MondeoST24]

So just file a claim with the courts and see what happens?

 

I would

 

PS ST24's r nice cars!

 

New ST220 coming soon (once i've sued all the banks )

[anttreas]

I would first like to note, please ignore my recent posts about first direct not getting back to me, and my having written the wrong letter.

They actually replied a day later (30.March) but our dear old royal mail only managed to deliver the letter today (24.April) even though the post mark is March 31st!

 

The letter seems to be fairly standard, with the usual, 'We are right' theme, HOWEVER, due to the costs they would incur, blah de blah, I am allowed a refund in full if i sign and send back the attatched form.

 

I will add a note that this does not stop me in anyway claiming in the future of any further charges.

 

Thank you to everyone, and I will keep you updated on reciept of my money, and also my claims with Barclaycard.

Ant

[Guest Lueeze]

Hmm be careful about that form ask here if you have any queries about it...

 

You dont want to sign your rights away!

 

Well done

 

Lou x

[anttreas]

Many thanks for your concern.

The form does state that it is my full and final settlement.

I was a bit cautious of this, so have ammended the form to say that it is settlement in this case only and does not affect future cases.

Its now up to them whether they decide to accept it.

 

Thank you!

 

Ant x

[anttreas]

Well, first direct actually paid up almost immediatly after the first letter. The only delays were royal mails fault.

I got the usual letter of 'you are wrong' etc but it would cost too much to fight me etc... have ur money back!

I now have that money back in my account!

Thank you everyone, and I will keep you posted on the Barclaycard fiasco.

 

Ant

[bram stoker]

Congratulations.

 

How much was it? I'd be interested as I've a claim to make for about £1,000.

[anttreas]

Congratulations.

 

How much was it? I'd be interested as I've a claim to make for about £1,000.

 

was only £140 as I have only been with them about a year.

I hope u are sucessful!

 

Ant

[bram stoker]

I hope u are sucessful!

I hope so too - it's my friend's account who I've convinced to claim. If he doesn't get it back - egg on my face as something will have gone horribly wrong at it'll be all my fault!

[anttreas]

After recieving money back from First Direct a month or so ago, they added another charge to my account.

Again I sent a letter to them asking for a refund.

 

The reply stated that they are closing my account on 5th July 2006 and all overdrafts must be paid by then! (About £1000)

 

Well, i guess that is the end of that!!!

[podgydad]

Is it worth challenging this in court?

[dinghy]

After recieving money back from First Direct a month or so ago, they added another charge to my account.

Again I sent a letter to them asking for a refund.

 

The reply stated that they are closing my account on 5th July 2006 and all overdrafts must be paid by then! (About £1000)

 

Well, i guess that is the end of that!!!

 

Unfortunately they can give 30 days notice of intention to close an account... Which is why parachute accounts are recommended !

 

As to the immediate repayment of the od... They may not be able to ask you to repay the whole amount in one go especially if it puts you in an "extreme financial position" or some other similar 'legal-type' phrase... If you have a look around the site you'll see lots of people in the same postition, in particular with cc accounts due to their very nature...

 

Unfortunately I personally know no more than that ! But it comes up frequent enough that you should be able to find it... If not I'm sure that some kindly soul will explain further here for you...

[kohoutec]

Hmm this is a worrying turn of events, to be honest I thought more of First Direct as a bank, guess I was wrong

[dave]

Yeah - I did too, but my recent dealings with them have started to peel away the facade and show their true colours, sadly.