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

[Guest Mumofthreeboys]

Patience is a virtue as well as an opera!!!

[kazzaw]

Patience is a virtue as well as an opera!!!

 

Actually it's an operetta!! But only if you're an opera snob which I'm not.

 

[Mindbomb]

That told her off for getting all 'big sisterly' on me!!

But then she is my big sister so I'll just shut up and get me coat! :grin:

[Guest Mumofthreeboys]

Operetta (literally, "little opera") (Google is your friend).

 

Mindbomb, a little less of the 'big' thanks.

[Mindbomb]

Sorry older.

I'm not helping myself am I?

[Mindbomb]

Letter received today.

That's twice now I've had a 'final response' and am inclined to start the money claim now as I feel I have been reasonable and they have declined to repay twice. Surely a judge (if it ever got that far) would see this as reasonable.

I have another account to claim charges for (some being older than 6 years) that would bring the total claim to £6127.

I would like to do a 'Molly', and would like to do it now.

Can anyone help me please?

 

Dear Mr Mindbomb,

Thank you for your letter dated 17 May 2006, addressed to Chris Broom. As mattersof this nature fall within my area of responsibility, I will respond.

 

Whilst I acknowledge your comments, the bank's final reponse was issued to you on 17 May, confirming that no charges will be refunded to your account. Therefore, I require your repayment proposals for your outstanding debt within the next seven days. Regrettably, failure to respond could lead to Final Demand being issued, a course of action I am keen to avoid.

 

I look forward to your prompt response.

 

Yours sincerely

 

Maureen Watson

Credit Services Customer relations.

[Mindbomb]

I'm planning on sending the following letter to FD informing them that I am now claiming back charges on an additional account which brings the total being claimed before interest and costs to £5923.

Is it reasonable to claim for another account at LBA stage?

Does it look OK to you?

 

FINAL LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBERS: xxxxxxxx and xxxxxxxx

 

I acknowledge receipt of your letter dated 19th May 2006.

 

The regime of 'fees' which you have been applying to my accounts in relation to direct debit refusals, 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 accounts. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken a total of £5923 from the above mentioned accounts.

 

I require repayment in full of this money. If you do not comply fully by 28th May 2006 then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the Office of Fair Trading upon the basis that you have failed to comply with their direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

May I remind you that you have until 28th May 2006 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 accounts 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]

Update.

So common sense prevailed and I filed a moneyclaim for £4948.50 plus £855.31 interest plus costs of £120.00 on 23/05/06.

It was issued on the 24th and has been acknowledged today.

Will let you know what happens and look forward to making a donation in the near future.

[monkey_uk]

Excellent! Maybe you'll consider a 5% donation when they've settled.

[Mindbomb]

I've just returned home and have a letter from our friends DG Solicitors!!!

The usual guff about about how they'd win, management time etc. and for those commercial reasons alone they are prepared to make a payment of £5068.50 in full and final....

They also, reasonably, require my silence about this payment. (ooops, I just blew that!).

Bless them for trying but they forgot about the £855.31 in interest and the £1.09 a day on top of that.

So I will politely decline their kind offer and point them in the right direction.

Is it wrong to feel as smug as I do right now?

Thanks everyone. I'm going to give you money.

[barracad]

Excellent news! When you do settle, remember to cross out their confidentiality clause before signing.

[Mindbomb]

Thanks for the reminder - I most certainly will not agree to confidentiality (unless they want to pay for it).

I'm going to ask them how they intend to pay me seeing as they have all but closed my account with them (returned cards, cheque book etc.) and will invite them to reinstate the account immediately.

I can't demand they reinstate because it was not part of my moneyclaim but no harm in asking eh?

[monkey_uk]

Make sure that you make it clear that it is a request and not a demand. DEMANDING this may not be looked on too favourably...

[Mindbomb]

Very good point Monkey, thanks, I will do.

[Mindbomb]

Evening all,

I faxed this to FD yesterday:

 

Re : Myself –v- HSBC Bank plc.

My reference : 6QZ33093

Dear Ms D’Aubney,

I am in receipt of your letter dated 1 June 2006.

I accept the sum of £5068.50 as partial settlement for my claim against First Direct. First Direct have neglected to include the sum of £855.31 in interest plus interest at the same rate of £1.09 per day to the date of judgement or earlier settlement.

I calculate the total sum due me is £ 5,937.98 as of today’s date.

I also requests details of how payment will be made.

 

Regards

 

Mindbomb

 

Not the best thing I've ever written but it had the desired effect as today, I received another letter.

Exactly the same as the last one (which is identical to Monkey's) except the amount has been revised to £5937.98 and tacked on to the end of the sentence 'blah blah...full and final' was 'which will be paid into your account within 7 days of receipt of your signed letter.

So it looks like they're not shutting the account just yet. I'll wait 'til it hits the account and then call them to ask about how I access my money in the absence of cards etc. (I can always do it by phone) in the hope they reissue cards etc.

 

I've crossed out the confidentiality bit, signed and dated it (6/6/6 how appropriate) and will fax this evening unless anyone can spot something I've missed.

 

Thanks for all the help (on this thread and all the others).

 

Nearly there

 

 

Mindbomb

[monkey_uk]

Spot on mindbomb.

 

Dunno if youve spoken to Debbie D;Aubney at all, but I had cause to (I wouldn't recommend you do really though) but she was surprisingly a really nice, friendly woman!

[Mindbomb]

Thanks Monkey,

You must have read my mind! I forgot to say that I did call Ms D'Aubney and got her voicemail. I left a message inviting her to call me or fax me - 'No answer', came the stern reply. I tried a couple more times and still got voicemail.

I agree with you though, her voicemail message did make it sound like she's nice but her number's 0121 455 2111 in case others don't believe us.

Not that I encourage people to call either.

[Mindbomb]

Just faxed it.

Will let you know what happens next.

[Mindbomb]

Yesterday (8th May) phoned Debbie and left voicemail asking her to call me to confirm receipt of my acceptance fax. To my astonishment she did call back and confirmed she'd had it (the fax that is) and 'They are dealing with it'.

She really is very pleasant.

 

Phoned FD this morning to ask if any pending amounts going in. I was told there weren't and was asked what I was expecting.

On telling her (Beverly) she said she needed to call me back after speaking to a colleague. She called back and said it would be paid overnight Monday at the latest.

I took this opportunity to ask if my cards would be reissued at which point I was passed to one of her colleagues (nameless) who delicately tip-toed round the question with waffle and then stated Wednesday at latest for payment .

I let him waffle on as I've agreed to the payment going in to my account which I will transfer immediately and don't really care if they reissue cards or not.

I expect a letter shortly after transfer informing me of account closure.

Worth a try though

[Guest Mumofthreeboys]

Final weekend as a pauper then!!!

[Mindbomb]

Oh I do hope so!

[Mindbomb]

Hello all,

After many phonecalls to FD I spoke to Lucy (of Credit services) yesterday to find out where my money was. (DG letter dated 05/06/06 states 'paid into your account within 7 days')

She was extremely helpful. She promised to 'walk over to the department' (Group legal), find out what was going on and call me back.

Lucy called back, apologised profusely, and said that Sam Farrell (sp?) of Group Legal had gone home for the day and she (Lucy) would call me in morning.

Lucy called again and apologised again 'that it had been misplaced whilst being passed on to another department for sanctioning'.

I am reliably informed by Lucy that my money will be paid in overnight tonight.

I'm not holding my breath!

[Mindbomb]

Hello people,

I've just checked my account online and guess what???

They paid me my claim in full!!

I won, we won.

Woohoo

[kazzaw]

WELL DONE!!!

:) :) :)

Hope I get mine!! Reply to LBA received today. Moneyclaim time next week!!

[Mindbomb]

Thanks very much.

Don't hope - KNOW!!!