Sk1ntBint v First Direct

[Sk1ntBint]

Just about to start my first claim, I've used 19.9% which is the EAR for unauthorised overdraft at First Direct (this is the latest figure I've no idea how its changed over the last year) - does this look ok? Has anyone else successfully used this?

 

I did look at the contractual interest sheet in Vampiress place but that was too complicated for me!

 

Many thanks for all your help.

 

[Sk1ntBint]

Hello, didn't get a reply to my first post but went ahead with my claim anyway.

 

My charges came to £514.77 and I decided to charge them contractual interest at 19.9% EAR (unauthorised overdraft figure) this came to £77.65 interest. Total £592.42.

 

Got a letter today saying that "a fee is payable when they consider making an authorised payment that will lead to my account exceeding an agreed overdraft and details of their fees for THIS SERVICE are clearly set out in our tariff".

 

They said that they would successfully resist any legal challenge, but offered me £403.00 as full settlement to avoid any irrecoverable legal costs should I wish to go to court.

 

Ok, a few questions:

 

1) Has anyone else successfully claimed contractual interest?

2) Can I keep updating the interest figure each time I send these letters or do I have to keep to the original claim? Obviously if this takes a month or two to go through I will be losing out on interest keeping to £77.65.

3) Are they trying to make out that these charges were part of a service? This is clever since obviously they are allowed to charge for services...

 

They give the name Robert Kernaghan, Customer relations manager to reply to.

[Sk1ntBint]

Anyone?

[funbint]

Hello, didn't get a reply to my first post but went ahead with my claim anyway.

 

My charges came to £514.77 and I decided to charge them contractual interest at 19.9% EAR (unauthorised overdraft figure) this came to £77.65 interest. Total £592.42.

 

Got a letter today saying that "a fee is payable when they consider making an authorised payment that will lead to my account exceeding an agreed overdraft and details of their fees for THIS SERVICE are clearly set out in our tariff".

 

They said that they would successfully resist any legal challenge, but offered me £403.00 as full settlement to avoid any irrecoverable legal costs should I wish to go to court.

 

Ok, a few questions:

 

1) Has anyone else successfully claimed contractual interest?

2) Can I keep updating the interest figure each time I send these letters or do I have to keep to the original claim? Obviously if this takes a month or two to go through I will be losing out on interest keeping to £77.65.

3) Are they trying to make out that these charges were part of a service? This is clever since obviously they are allowed to charge for services...

 

They give the name Robert Kernaghan, Customer relations manager to reply to.

 

 

Hi Skint

 

Not been here long myself, so anything I say would really need confirming by someone with more knowledge than I but will tell of my experience so far.

 

Firstly on the charges you’ve calculated did they include any of the interest they have charged and if so have you only included the unauthorised overdraft interest and not any interest that would be applicable due to any agreed overdraft. The reason I say this is because I made that mistake and just included any all interest out of ignorance(Doh!!).

 

Having said that they would probably still have to take it to the court stage to rebut them and as they are clearly doing anything not to go to court as this could leave them exposed to having to justifying the charges in the first instance.

 

In response to your questions.

 

1 Yes quite a few (Have a search if you need help I look for you)

 

2 Yes Keep adding any further charges you get to the running total until it gets to the court stage & then it will still be adding up the interest at the daily rate until judgement or there settlement offer. (Again do a search there are some very good successful POC’s available) I.e. http://www.consumeractiongroup.co.uk/forum/rbs-bos-successes/49470-contractual-interest-details-case.html would be a good example. If you have used the spreadsheets from vampiress and I would suggest that you do then the daily figure is automatically updated when then from date is updated.

 

3 I’m sure they will try all & every tactic to avoid paying them back, but if they were so confident that this is the case why have they not taken one single case to court and used that argument, I say its because they know there not a service, after all where’s the service in charging us £25-£39 for a computer generated letter.

 

LOL at there claims they would be successful in court, I’d be cheeky and send them a letter in return asking them for evidence where they have been successful in the past.

 

I hope this is of help, I would PM one of the mod’s a link to your thread if you get stuck

 

Best Regards

FB

[Sk1ntBint]

Thanks for the reply!

 

I've just seen in the letter it says 'I am not willing to review Recall Fees."

I have three charges marked 'CHARGE RECALL S/0-D/D' are we not allowed to claim these back?

[funbint]

Thanks for the reply!

 

I've just seen in the letter it says 'I am not willing to review Recall Fees."

I have three charges marked 'CHARGE RECALL S/0-D/D' are we not allowed to claim these back?

 

 

If they are as they suggest then yes you can claim back the charge for failed Standing Orders & Direct Debits.

 

It would be in your best interest to look at the successful claims sub section for First Direct to make sure, as I don't have experience with first direct.

 

RGDS

FB

[Sk1ntBint]

Funbint the claim you sent Contractual Interest: Full Details of Case against RBS including pleadings says that the claimant forgot to file for contractual interest?

[funbint]

Funbint the claim you sent Contractual Interest: Full Details of Case against RBS including pleadings says that the claimant forgot to file for contractual interest?

 

 

If you read the downloadable poc that has been addressed :)