androobe v FD

[androobe]

OK, so after 30ish days to get my statements and notes from FD, I sent off my first letter to FD last week. All charges plus contractual interest.

 

Quick on the first response but knocked off one of the charges plus all the interest in their initial offer. The charge they knocked off they claim was refunded at the time - the only time I can see they may have refunded it was a couple of weeks later when there was "An Adjustment to your account" for the penalty plus a few pence, but as the account was being amalgamated with another I thought it was an adjustment between the two. Notes don't say anything about the refund either, so I don't know how they're going to prove to me it was the refunded charge - or maybe there is more info than they have sent me?!

 

Second letter off today as partial acceptance, still asking for the rest. Looking at other cases, can't tell if there is much of a pattern to FD and interest - anyone know whether they normally pay this before court action? Bearing in my claim is for a little under £500?

 

LBA next week regardless!

[kendraflo]

Hi androobe - in the same boat as you - letter received this morning offering refund of all the charges but no mention of the interest - rang them and they stated they don't refund interest??? Have started my own thread on this and asked for advice. Have told them I am still claiming the interest and why not. As I stated, if the charges were not taken, I would have been accruing interest on this money in any event. Have claimed 22.52% - charges from 01 -0 03 so it does mount up to quite a bit of money.

 

Good luck with your claim:-)

[androobe]

Well, I haven't heard anything further from FD so my LBA is in the post on Monday.

[androobe]

LBA on it's way, they have until 29th before I file my MCOL - almost £500.

 

Anyone know if they always refuse to settle before MCOL if you add interest?

[Gingi1]

Hi there, I sent my LBA on 31st october, so just one day left for them to reply before I begin action. They sent me another letter a week ago offering £1300 (I am claiming £1756) which I accepted as part payment. They seem to be holding out until the last minute with everyone.

 

Will let you know how I get on - Good Luck

[androobe]

Responded my LBA offering the same amount as before. Assuming I hear no more beforehand I'll be issuing MCOL for the extra 8% + court fees on top of the previous claim. Don't they realise they'll lose more by not being reasonable at this stage?

[Gingi1]

Issued my MCOL on 21st November, they now have 14 days to reply. I don't understand them either? Now they have to pay 8% interest and my costs - it doesn't make any sense, unless of course they are going to start fighting?

 

We'll have to wait and see

[androobe]

Filed my MCOL today, after I gave them a quick call to confirm that the last letter was their final response. When the guy said that they'd been very reasonable in what they offered, I asked him how it was reasonable when they had acted unlawfully in the first place. He went very quiet when I asked why they hadn't defended a few of the higher cost claims against them if they were so sure they'd win - surely this would put people off claiming? Strangely enough he couldn't answer that one.

 

Anyway, the clock is ticking and they just threw another £200 in interest and court costs out of the shareholders and directors bonses!

[Clare_L]

Good luck! Will be keeping an eye out as I will have to file my MCOL soon.

[androobe]

Update on this... FD have ackowledged... nothing more yet, they've got until 3rd Jan to defend or pay up.

[Clare_L]

Good luck!

[androobe]

Letter from DG received asking for breakdown of charges!!! NOT HAPPY! I have provided these to First Direct THREE times. Called them and got voicemail (obviously paid enough to take today off), left a polite but very firm message saying I have already provided this info, and will use this ridiculous request as evidence of them being unreasonable and asking for additional costs from them. I await a response!

[Sk1ntBint]

androobe, looks like you are in a very similar situation to me! See my thread.

I didnt claim 22.52% but used 19.9% EAR (unauthorised overdraft figure).

 

Do you think its likely that they will pay this if I pursue it? Also I thought that you could claim contractual OR the 8% fee when going to court not both?

[Clare_L]

Grrrrr how cheeky! Another new stalling tactic then. Hopefully it should work in your favour.

 

Clare

[androobe]

OK, so FD have now filed a defence... have been sent an AQ by court and it's been moved to my local court.

 

No response from my voicemail on 22 Dec, so I wrote to them this week with another breakdown, they received this on Weds but I've heard no more so far. Think I'll hang fire on the AQ for at least a week to see if I hear anything further before continuing with this.

 

Oh, and their defence was all but useless, it went on about charges for setting up overdrafts and that it can't be a penalty because it wasn't a default charge (so they have instantly admitted charges for defaults are penalties!)... will perhaps put full details later but their main defence was based around the fact that the charges were for a service.

 

On a separate note, I also got a letter this morning from Marbles (who are also part of HSBC group) offering a full refund, INCLUDING CONTRACTUAL INTEREST (16.9%).

[Clare_L]

A service? Thats a joke! This is what I am expecting will be the outcome of my MCOL as it seems to be the new way of them doing things. I have to say I am dreading this happening. DO you have to have a solicitor?

 

Clare

[androobe]

No you don't have to have a solicitor... just be well prepared!

[androobe]

OK, so I've received a letter from DG today... basically they are offering me full refund of all charges (got that offer ages ago) PLUS 8% interest and court fees. Oh, and they are still asking for payment to be kept confidential.

 

DG/HSBC/FD if you're reading this - THE LONGER YOU TAKE TO SETTLE THE MORE PEOPLE WILL FIND OUT ABOUT IT... and THE MORE YOU WILL LOSE!

 

They have denied my claim for contractual interest. Very very standard letter written as if I still have an account with them, and ignored many of the points I made in my previous letter. Think I will continue to pursue them for the lot. Whatever happens I'll be helping as many people as possible to claim back from them!

[Clare_L]

So why have they denied your claim for contractual interest?

 

Clare

[androobe]

Not given a reason... simply says "Your claim for contractual interest is noted and denied"

[androobe]

My claim has now been transferred to the mercentile court in Leeds along with over 60 others (against different banks).. getting very interesting now! See this thread:

http://www.consumeractiongroup.co.uk/forum/mercantile-court-cases-stays/52143-directions-hearing-leeds-4.html#post500946

[androobe]

Well, I've had another letter from DG asking me to reply to their offer.. which I already did. The court date is 7 Feb so only just over a week away now. I think I'll just send them a letter reminding them of the total new amount as the interest is going up, see if they offer it in the next week or actually turn up in court!

[androobe]

Finally received the letter I've been waiting for... FD have offered full refund of all charges plus: Contractual Interest, Statutory Interest, Court Fees and my own costs.

 

Never give up, they will ALWAYS pay up in full before court.

 

They have asked for confidentiality, which of course I will not be giving them. They will also have until Tuesday to get the cheque to me or I will still expect them in court on Wednesday

[Sk1ntBint]

What the hell? This site says you can claim EITHER contractual OR the 8% once it got to court?

 

Too many discrepancies on here.

[androobe]

The site is about guidance, every case is different. Basically I was claiming contractual up until the point where I issued moneyclaim, at that point I added on the 8% - after all the contractual is what they had charged me anyway, and the 8% is what I could have had if the money had been mine and I'd invested it somewhere. So it seems pretty fair to me. In addition to this they messed me around by asking for the same info over and over again, and ignoring many points in my letters, so I started charging them for every letter and phone call I had to make.

 

Basically it has proved they are still VERY scared of any case going to court. They will try everything in the book to reduce the claim if they can, but when court is under a week away they stop taking any chances. The joke is they could have settled with my 2 months ago for about half of what they've ended up having to pay out.

 

If anyone wants more details on my case feel free to PM me.