anttreas Vs first Direct

[DazNorthants]

I would pay off any overdraft with the money you receive and this will make it more difficult to justify closing the account.

 

It would be interesting to publise this type of action by banks especially if they lose at Court! Would sound like a penalty or punishment?

 

Maybe not going over limit again would be best bet though (I know it's difficult ).

[Bookworm]

Sorry, I'm behind with posts here.

 

They want to close you down? Fine. They then become a creditor like any other, and in fact, lower than a lot of others, as it's a non essential.

 

So what you do is, you write to them. And you offer to repay x pounds per week/month until debt is paid off. You enclose a 1st pament to that effect in letter. You insist that they freeze interest and do not apply further charges until such time debt is paid off.

 

Work out a payment which doesn't leave you struggling to meet your other commitments. In the list of people to pay off, they are now quite low in priority.

 

They won't like it. So what you do is point out that if they are not happy, they can of course take you to court and ask a judge to enforce the debt, but that a judge may well give them even lower payments, and not even award them their costs, since you have made a reasonable offer and they're the ones who decided to go to court all the same, despite the fact that it was their petty retaliation that caused you the harship in the first place!

 

Go on. You might be surprised. You see, they have a duty to mitigate too so as to stay out of court... And they already know what I explained to you, and the vast majority would rather have a debt repaid bit at the time than take it to court, with absolutely no guarantee they'll come out of it any better off.

 

PS: I have merged this with yur previous FD thread, since still part of the same thing, although your claim was settled.

 

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[theccans]

I have just registered and am going to First Direct for refund, I am having problems finding how to start, where to find sample letters and the procedure to follow,

 

where did you find it please

 

roger

[jantay10]

hi

i have only just start too. I found the FAQ very helpful and the library offers lots of templates to use.

 

I have now received my bank statements and FD have taken £3158.00 in charges - it was no wonder i could never get straight. At the moment I am about to send the next letter requested the money back. But FD have now closed my account because I refused to pay the £500 worth of charges that are outstanding. This has now been sent to a collection company, do I start paying these or do I wait? I would be glad of anyones opinion on this thanks

[theccans]

If they £500 relate to the "illegal" charges you are trying to recover, then they will just be able to offset these against your refund, they would not be able to get CC judgement whilst you have a valid counter claim.

 

Did they charge you for your statements ?

[jantay10]

no - they came free surprise suprise!!.

 

Due to the amount of charges on my account I stopped my wage going in. I explained this on the phone and they responded with a tough luck attitude. Since January 06 they have been charging me since. When i phoned them again with regards to the excesive charges on my account they were very vague about what they where for. I explained that I was aware of their unlaw charges. Not long after they closed the account - making it a 'pay-into' account only nice

[theccans]

Thanks for the info , I have now found the letters etc, one more thing on the statements, did you request just copies back from the day you opened the account ? or just details of the charges they have levied

 

Thanks again

[jantay10]

i just requested statements for the last six years.

[dinghy]

i just requested statements for the last six years.

 

It cannot be emphasised enough... You should not request statements... If you follow the template you will see that it requests your personal information (including charges) which you are happy to have in statement form. If you request copy statements they can charge you for them (up to £5/sheet if not more) whereas if they provide you personal information, possibly in the form of copy statements they can only charge a maximum of £10...

 

did you request just copies back from the day you opened the account ? or just details of the charges they have levied

 

IMO It may be better to ask for details from the opening of the account although they may come back and state that they only have the last 6 years info... (Please see the various threads regarding limitation...)

[anttreas]

This topic was closed on 03/07/19.

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