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    • I googled "prescribed disability" to see where it is defined for the purposes of S.92. I found HMRC's definition, which included deafness. I don't  think anyone is saying deaf people cant drive, though! digging deeper,  Is it that “prescribed disability” (for the purposes of S.88 and S.92) is defined at: The Motor Vehicles (Driving Licences) Regulations 1999 WWW.LEGISLATION.GOV.UK These Regulations consolidate with amendments the Motor Vehicles (Driving Licences) Regulations 1996...   ….. and sleep apnoea / increased daytime sleepiness is NOT included there directly as a condition but only becomes prescribed under “liability to sudden attacks of disabling giddiness or fainting” (but falling asleep isn't fainting!), so it isn’t defined there as a “prescribed disability”  Yet, under S.92(2)(b) RTA 1988 “ any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public" So (IMHO) sleep apnea / daytime sleepiness MIGHT be a prescribed disability, but only if it causes likelihood of "driving being a source of danger to the public" : which is where meeting / not meeting the medical standard of fitness to drive comes into play?  
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Postie27 Claiming against First Direct


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Hi,

 

I have just found this site and it made me think, they have been charging me over £150 per month for years so I am going to have a go at getting some back, I am just about to send off for the statements.

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Great news postie27, keep us posted! (pardon the pun)

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Goodluck Postie27 - my claim took 5 weeks from start to return of all charges (£2K) - remember; follow the process set out in the forum and you can't go wrong.

Wakie8AL

First Direct Sole Account £444-Full settlement :D

First Direct Joint Account £1485-Full settlement :D

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I hope my claim only takes 5 weeks. Would get the money just in time for January bills!:)

First Direct Gold Visa : WON £120 after LBA:)

First Direct Account : WON £2087.50 after declining first offer and asking for FULL amount:)

Tesco Visa: Sent LBA:|

Nationwide :Filed MCOL 22/01:o They are defending 9What a surprise!):razz:

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I don't know if this is connected but FD used to be quite happy to let my overdraft creep up to over £1000 without even bothering to tell me but slapping on the charges. Now I have sent in my SAR they have started to bounce everything, and charge me for the privilidge. Could this be a new tactic to discourage claims? If so It won't work on me.

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I don't know if this is connected but FD used to be quite happy to let my overdraft creep up to over £1000 without even bothering to tell me but slapping on the charges. Now I have sent in my S.A.R - (Subject Access Request) they have started to bounce everything, and charge me for the privilidge. Could this be a new tactic to discourage claims? If so It won't work on me.

 

The banks will try anything never fear you can add them to your claim.

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Keep going postie, you'll get the money!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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The more they charge - the more you can reclaim !

Stick to the process and follow the guidelines available in the forum, take some time to set out your letters and claim from the templates, and you should be enjoying the satisfaction of a full refund within a reasonable timeframe.

In fairness to FD they seemed to perform in a professional manner and you may find the sudden tightening of account procedure is due to the charging regime they announced last week.

 

Good Luck!

Wakie8AL

First Direct Sole Account £444-Full settlement :D

First Direct Joint Account £1485-Full settlement :D

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Now the cheeky wotsits have sent a letter, alledgedly posted on 20/11 (the day they got my SAR) but arrived today asking for my card back but my OD is a lot less now than it was a month ago.

They seem to have got the hump with me, I can't think why!

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Write back and ask directly if the request for the card return is linked to your S.A.R.

Have they outlined thier reasons for the card return request?

Had the unfair scale of charges NOT been applied to the account would they have had a reason to be unhappy with your account performance?

 

Should you have to return your bank card it will not affect your right to reclaim unfair charges.

I think they may be trying to intimidate you so that you drop your claim (although this would be an approach not apparently seen by FD previously)

Go for it, at "£150 per month for years" I'm sure the claim will be worth it.

Wakie8AL

First Direct Sole Account £444-Full settlement :D

First Direct Joint Account £1485-Full settlement :D

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Drop them and go elsewhere, their attitude stinks. At the rate they are closing accounts, along with the rate that people are closing their accounts themselves, at this rate they won't have any customer left by this time next year!

___

MBNA VISA - PL sent 23/10

MBNA MCard - PL sent 23/10

FD - PL sent 23/10, offered approx 75% 27/10

Marbles - PL sent 23/10, rejected letter received 27/10

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In light of what I am seeing here, with several people being asked for their cards back, I suppose I should expect my letter any day now.

 

They really do give themselves a bad name without us even trying, although we are pbviously doing our best here....

 

Go for it postie, it's all some of us have left now, and damn the inconvenience. I expect them to wait for my wages to be paid in tomorrow before they drop the bombshell here, har-de-har!!!

 

Roger66

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  • 2 weeks later...

Keep us er....posted!

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi,

 

Can someone advise me?

 

I have been through my statements and entered the details on the spreadsheet but I have noticed that one of my overdraft fees is £9 which is below the guideline maximum. Should I exclude that one from my claim?

BTW the total claim is about 4k.

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Hi,

 

They did move quickly, I got my standard go away and don't bother us letter today.

The usual letter, charges are fair, you signed up to them so we are not paying. I will be sending the LBA when the 14 days are up unless they have a change of heart in the meantime.

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Sorry postie, I've been rather busy with stuff away from CAG recently.

 

Yes, do include the £9.00 in your claim, but what is it exactly? Make sure that it is a penalty charge, and not a charge for a service. What does it say as the description of it on your statements.

 

Other than that, you're progressing fine.

 

The money will probably come in handy too if you've been striking as I know some of our guys in your neck of the woods have.

 

best of luck (not that you need it).

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi Monkey,

I eventualy left out the £9 and the £10.50 that were an excess overdraft fee and a credit check fee as they are below the guideline maximum.

 

You are making assumptions, I am self employed and it would be a criminal offence for me to go on strike.

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Apologies, I was indeed making assumptions, prompted by your username!

 

Can't understand how it'd be illegal for you to go on strike though...

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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Hi Monkey,

I cant say too much (Official secrets act) but there are certain groups, mainly Govt employees, Armed forces etc who are prohibited from striking, the max penalty being 14 years. I am in one of those catagories.

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haha, ok...! :-)

If you found this post useful, please click on the "scales" icon in the bottom left of my post and say so!

 

The opinions of this post are those of monkey_uk and do not constitute sound legal advice. I am not a lawyer.

--

 

Halifax Unlawful Bank Charges: S.A.R - (Subject Access Request) Sent 28/02/07 - CC Statement's rcv'd 18/04/07 Bank a/c statements rcv'd 19/04/07

 

 

 

First Direct Unlawful Bank Charges: Settled in Full 12/05/06 | £2235.50

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