Roger66 vs First Direct

[Roger66]

I have been hovering around this site for a month or so now, registered recently and have just sent my prelim letter (20th) and received my first response, a 'sorry you're upset' style missive saying they will get back to me in 10 working days.

 

A little history for you (no groaning at the back!!), we have been with FD for about 4 years now, and up until two years ago had a relaxed and fairly incident free time, and then it all went to pot. Over our two accounts, my sole account and our joint account, we started getting pushed deeper past our overdrafts and then when we have tried to speak to the bank, they want everything that you pay and more detailed out to them before they will continue the conversation. My last conversation lasted 45 minutes!!

 

With several large repair bills over about 14 months we got really stuffed financially, and maternity leave this year allowed FD to really help themselves to everything we had. As I had nearly all the statements, I downloaded the rest from their site, and set to work.

 

The result is nealry three and a half thousand pounds of charges in just over two years. Quite exceptional, and more than even I expected.

 

I have requested the refund of all but the interest, as frankly I couldn't be bothered in the light of the overall total so far, and have sent the prelim off recorded, which we now know that they have, and have the LBA waiting on my machine to send in one week from monday coming.

 

I have charged for all fees that appear once the overdraft is exceeded, Overdraft fee, Excess Overdraft, Returned DD/SO and Unpaid items. I have had problems with my credit cards as I could not pay them, and am facing a christmas where even food shopping is difficult, let alone getting a present bought.

 

I am willing to see this through to the death if necessary and frankly want payback for all the pain I have had to suffer over the last two years. Once the LBA is off, I will get the court papers ready and have them prepared so I can send them at the earliest opportunity. I don't expect the money before christmas, but i would be nice to see the new year start better than last.

[androobe]

Good Luck - you'll get it back eventually, unfortunately with the amount in question you'll probably have to wait until you issue the court claim, but don't give up. Assuming this does happen, you can add 8% interest on without question anyway. Remember they have been taking YOUR money for all this time.

[Roger66]

Thanks androobe, I have a few time problems at home and it took two weeks just to get statements together, spreadsheets done and everything ready to post.

 

Trying to calculate all those little bits of interest for the initial claim just seemed excessive for me, althought the spreadsheet I have used shows the 8% calculated in a further column. Being a man with a big heart, I kindly (?) informed the bank that they would not need to meet this amount unless they let it get to court.

 

I will prepare the LBA nearer the day needed, and once that is sent get the court paperwork collected so that I can prepare that in advance of it's being presented. I am assuming the case will get to court because of the amount involved so do not flatter myself for a quick settlement, just an eventual one.

 

Did anyone see Lorraine Kelly on wednesday (22nd)? Her financial bloke was pushing this site big time, and villifying the banks stance on charges with great energy. He did urge people to be cautious, but felt the site offered an excellent support network to gaining back your money.

 

Roger.

[Roger66]

Hi All,

 

A little late getting round to this, but managed to get the LBA sent out on deadline this monday (4th) recorded delivery, and today got home to find an apparently generous offer of £2652.50 on full and final settlement.

 

That equates to 76% of the total claimed. That would be lovely just before xmas, but frankly I'm not satisfied and plan to go ahead anyway. I may send a rejection letter, but with ten days until filing a claim can't see much point. Rather curiously, the letter states that they are unwilling to refund recall charges and additional interest. Anyone else seen this before?

 

I think the rejection might help chivvy them along, but I'm open to other opinions on this one folks, but will be picking up the court papers in the next few days anyway.

 

Roger66.

[Roger66]

Hello again, apologies for the double post, but I have made a few light adjustments to the rejection letter, and would like to run them past you before I send it.

 

Dear Miss Malins

 

Thank you for your letter dated 5th December 2006

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £3492.00

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary. I relish the thought of being able to meet one of your representatives face-to-face, and have them outline to myself, and the court, exactly how you justify the amounts for your charges. This would, I am sure, be an epiphany for all concerned.

 

My letter before action sent previously indicates that you have until 18th December 2006 to respond before Court action commences. You are reminded that there will be no extension to this timescale, other than waiting for the post to be delivered on that day before going to the courts to process the documents.

 

 

In light of your comment regarding referral of the matter to the Financial Ombudsman, given the current strain on the F.O.s office where complaints against banks have more than quadrupled their workload of late without any increase in staffing, little would be gained other than delay in seeing this matter concluded. I trust this clarifies my position.

 

Yours faithfully

 

Worth a go? I think the tweaks give just the right sense of feeling to the overall situation. But then again, I am a complete git at times,

 

Roger66

 

Final edit: Sent rejection letter this afternoon, additionally signed the offer acceptance form and attached that after changing the wording 'in full and final settlement' to 'in part settlement' of the claim. That should cheer them up no end!

[bookmark1976]

Ahhh, I didn't send the offer form and return it with my partial acceptance letter. Should I have?

[Roger66]

No, I wouldn't worry bookmark, I just did it to see what they said. If you're turning them down anyway, they're not going to part pay you in a month of sundays. Thay want us to wait, and they seem to want a fight, so suit up and lets take that fight to them.

 

Of course as other on the site ahead of us have found, they have a tendency to run away nearer the time, leaving the cash for us. Live in hope anyway.....

[bookmark1976]

Thanks for your quick reply. Phew!

[Roger66]

Right then, after all the fighting talk of previous posts, come the day to take them to court last monday, we didn't have any money left. Sad but true.

 

Anyway, the wife gets paid today (we hope) and after dropping her to work I find a letter through the door offering £3121 against the original claim of £3492, 90% of the original claim. So.............

 

The situation here is bad enough for us to accept this, as court would cost £120, and the interest would only be about £250 due to the short period of the claim, so we're gonna take it!

 

Yes that last few hundred pounds would be nice, but we need the cash now and the energy and time required to complete the claim just isn't there. It still stands as a great success though, even though the money's pretty much all accounted for already, but we'll be back for Barclays in the new year.

 

Hopefully that will be 'extra' money, and we can give a proper thank-you to all concerned at BAG, especially as Barclays are the hold-out kings, and court action is a definite.

 

I have spoken quite freely of my excitement in finding this site, and have passed on both the link address and encouragement to many people in the last few months, and I will still be about as I build the case against Barclays, and assist friends and relations in their claims. I will try to leave a little donation once the money is through, but rest assured, once the next claim is done, a proper donation will follow.

 

Thank you all for now,

 

Roger66