Mindbomb -v- First Direct **BIG ONE WON**

[Mindbomb]

Hello all.

Sent DPA letter 08/04/06 recorded to FD and it is still showing as undelivered on Royal mail website.

So I have just marched a new request, enclosing £10, down to my local HSBC for which I now have a receipt. I am only missing a few of my statements and have worked out from what I have that they have kindly relieved me of £4000 over the last 6 years. I reckon I could be getting close to the £5000 ceiling once I get the missing ones.

So we're off and running.

Thanks for all the excellent info on this forum.

[Bookworm]

Well done.

 

Keep us posted.

 

 

Like the sig. ... Or in modern parlance: Come on, punk, make my day! (a very liberal translation )

[oops a daisy]

thanks for the translation bookworm - I did wonder what that meant.

 

Good luck to Andypatti too

[Mindbomb]

Well done.

 

Keep us posted.

 

 

Like the sig. ... Or in modern parlance: Come on, punk, make my day! (a very liberal translation )

 

Will do BW. Perfect translation.

[Mindbomb]

thanks for the translation bookworm - I did wonder what that meant.

 

Good luck to Andypatti too

 

Thanks oops a daisy - watching your thread with interest.

Good luck to you too (but luck not important to us me finks)

[Mindbomb]

Hello all.

Got all my statements today for April 2000 - April 2006 (from postie not courier as they said).

I've worked out the charges to be £5001.00.

Bloody typical!

Now, I've done my search for "sever" and "severing a claim" and am thinking I should not claim for returned DDs at this stage as it will reduce the claim by £675 and so well within the £5000 limit for small claims.

There seems to be differing opinions on how best to reduce the claim to under 5k and I'm only just over so I would appreciate your comments.

Sorry if I'm being dim.

Thanks in advance.

[overcharged_consumer]

Just don't claim for April and May 2000 although you'll have to be wary of adding interest because that will probably take you over the £5k limit.

[Mindbomb]

Good idea.

If I miss off May 2000 it knocks £37.5 off the claim although I might just "miss" a smaller £15 charge elsewhere instead.

The moneyclaim is up to £5000 net of interest and costs so that's not an issue.

[monkey_uk]

People have filied claims for more than £5k and have had out of court settlements.

 

It is up to you to weight up the risks and make an informed decision.

[Mindbomb]

I saw that one recently. Excellent result!

I think if I was claiming considerably more than £5000 I would be tempted but as I'm only just over, the risks, are not worth it for me.

I think I'll accidentally miss a £15 charge off. A recent one obviously

Thanks for your comments though and good luck with your claim.

[Mindbomb]

Update.

Prelim' approach for repayment of £4948.50 sent Saturday.

Will let you know when they tell me to get lost!

[Mindbomb]

Got my letter...

First Direct does not agree.......Ts&Cs..........when you opened your account......Robert Kernaghan..........8 weeks matters resolved.........Financial Ombudsman..............'Listening to your comments' leaflet.............FOAD.....

 

LBA written, primed and ready for firing next Saturday (14 days after prelim' approach letter date).

[monkey_uk]

good good! keep us posted!

[Mindbomb]

Good evening one and all.

OK it got fired Monday 10 am 1st class, recorded.

So, obviously, they'll say 'sorry old chap' and refund me post haste

Well, just in case, you understand, I prepared a moneyclaim .

Should get a GFY letter tomorrow (ish) by my reckoning.

Well done Monkey BTW.

[rbrears]

Hi Mindbomb - I assume GFY means Good For You? lol

 

Best of luck with your claim - keep us posted

[Mindbomb]

I don't mean to sound bitter, cold, or cruel, but I am, so that's how it comes out.

[Mindbomb]

Morning peeps.

Well waddya know?

 

Got a letter this morning...

 

14 May 2006

 

Dear Mr Mindbomb,

 

Account: Mr Mindbomb Number: XXXXXX-XXXXXXXX

 

Despite my previous letters, I am concerned that your acount is now £1254.77 overdrawn without prior agreement. This balance may not include any payments you have made to your account today or any pre-notified and accruing charges.

 

As I am not prepared to see this debt increase, I regret that I have no alternative but to withdraw all of your banking facilities. I require the immediate return of any unused cheques, together with all First Direct cards, which you should cut in half for security purposes. This will prevent the appointment of an Agent to collect them from you, with all the associated costs being debited to your account.

 

Any overdraft facilities are now cancelled, as are all direct debits, standing orders and automated bill payments which were previously paid from your accounts. Should you currently use the internet banking or internet sharedealing service, these will be restricted to'read only' until further notice. You will still be able to view your account(s) and send electronic messages to us.

 

If you presently subscribe to firstdirectory, this will be cancelled 30 days from the date of this letter, at which time all benefits associated with the package will cease. I can confirm that, as a result of this cancellation, you will cease to be covered by the travel insurance or mobile phone insurance provided under firstdirectory and so you should consider seeking alternative insurance cover where appropriate.

 

As I now require your proposals for repayment of the outstanding debt, please complete and return the enclosed Financial statement within the next seven days. Alternatively you may telephone the details to the Credit services team on 08 456 100 189. We will review your overall financial position, consider cases of hardship sympathetically and do all we can to ensure that an acceptable repayment programme is agreed.

 

Unfortunately, failure to respond to this letter may result in details of your accounts being passed to Credit Reference Agencies. These agencies supply information to lenders in order to establish an individual's credit history. Lenders then use this information to help decide whether or not to accept applications for credit from their customers. If details are given to Credit Reference Agencies, you may find it difficult to obtain credit elsewhere in the future.

 

It is important that we agree a way forward as soon as possible, particularly as charges will continue to accrue in the meantime. I therefore look forward to your prompt response.

 

Yours sincerely

 

Chris Broom

Head of Credit Services

 

Now I'm feeling punchy. Especially as I have another account with £860 worth of charges to reclaim as well as others for this account (that don't amount to much) and no doubt older ones that have previously been left off my claim. My account has been with them since 1997.

 

What do you think?

 

My OD up to this point was £800.

[Guest Mumofthreeboys]

'As I am not prepared to see this debt increase .......' - I think you should write back to Chris Broom enclosing a copy of your LBA and maybe pointing out that if FD hadn't stolen £xxxxxxx from your account in the first place perhaps you wouldn't be in this situation.

 

Also, list your charges for postage to return the cards and cheques, etc.

[Mindbomb]

Yeah, pretty much what I thought I'd do.

They have sent me a prepaid envelope - bugger!

Here's what I'm thinking of sending.

Comments please.

 

Dear Ms Broom,

 

Account Number: xxxxxxxx

 

Despite my previous letters (copies enclosed) I am concerned that you continue to withhold nearly £5000 pounds of my money from my account.

 

I have enclosed said cheque books and cards, cut in half as you demanded.

The banking facilities to which you refer, I have no further need, as my finances have been transferred to another establishment.

 

My proposals for repayment of the outstanding debt are quite straightforward. As soon as you repay to me the unlawful charges my letters refer to (see above) I will be more than happy to repay you.

 

May I remind you that you have until 28th May 2006 (again see above) to repay these charges otherwise I will be instigating court proceedings without further notice.

 

Yours Faithfully

 

 

 

Mindbomb

[Guest Mumofthreeboys]

Do it. Get it in the post today.

[Guest Mumofthreeboys]

Another thought, they mention sending your details to Credit Reference Agencies - you should adapt the paragraph in BankFodder's LBA possibly as follows:- 'Additionally if you enter a default notice against my credit record merely in respect of unlawful charges levied by you or as the result of impecuniosity caused directly by the taking by you of penalty charges which you have applied unlawfully to my account I will pursue a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs without further notice.

Please note that mere correction or amendment to the entry will not be acceptable.'

[Mindbomb]

Good point. Thanks for that.

How's this?

 

Dear Ms Broom,

 

Account Number: xxxxxxxx

 

Despite my previous letters (copies enclosed) I am concerned that you continue to withhold nearly £5000 pounds of my money from my account.

 

I have enclosed said cheque books and cards, cut in half as you demanded.

The banking facilities to which you refer, I have no further need, as my finances have been transferred to another establishment.

 

My proposals for repayment of the outstanding debt are quite straightforward. As soon as you repay to me the unlawful charges to which my letters refer (see above) I will be more than happy to repay you.

 

May I remind you that you have until 28th May 2006 (again see above) to repay these charges otherwise I will be instigating court proceedings without further notice.

 

Additionally if you enter a default notice against my credit record merely in respect of unlawful charges levied by you or as the result of impecuniosities caused directly by the taking by you of penalty charges which you have applied unlawfully to my account I will pursue a claim under sections 7 and 13 of the Data Protection Act 1998 plus my costs without further notice.

 

Please note that mere correction or amendment to the entry will not be acceptable.'

 

Yours Faithfully

 

 

 

Mindbomb

[Guest Mumofthreeboys]

Go for it!

[Mindbomb]

OK it's gone, in their prepaid envelope plus a copy 1st class recorded just in case they lose it.

[Mindbomb]

Got my 'final response' letter today. FOS and all that guff.

I will wait the 14 days after LBA out before moneyclaim.

I really want to claim now though!!!