Jay vs First Direct

[scubajay]

Sent my request for all my statements including the £10 cheque on 24/10/2006. The cheque was returned, and they took a while but the statements came within the 40 days.

 

On 21st November I sent the 1st claiming letter, for the sum of £1330.64. They have since replied with the standard "we're looking into it and will reply within 10 working days" letter.

 

I am ready to send letter 2 and start the court process as of the 5th of December which is the 2 week limit date.

 

Keeping my fingers crossed!!

[scubajay]

Actually........I think I made a mistake.

 

I looked through what I can and cannot claim, and I added the O/D fee on there as well. I have since read that this cannot be claimed, and leaves me hoping to get £600 ish from FD. Will they see this error and offer me the right amount.....or will I have to send an amended claim?

 

J

[androobe]

NO NO NO!

 

You CAN claim this... this has been covered in here countless times... First Direct charge an Overdraft Fee the first time you exceed your limit each month, subsequent times they call it an Excess Overdraft Fee. You can claim both, so you haven't made a mistake at all.

 

I hate to think how much FD are getting away with because some people aren't claiming this - but I don't understand why they don't. Does anyone remember agreeing to pay FD £30 a month just to have an overdraft available?

 

Sorry for shouting but I'd hate to think of FD winning!

[Volcano]

androobe, shout as much as you want! My heart sank when I read the 2nd post but your post has put a big smile on my face, thanks for your input!

[scubajay]

I have no problem with being shouted at at all. Thank you very much for the update......it also put a smile on my little mush. I did think the amount excessive,but couldn't see agreeing to paying that every month. As the charge was only there when I when over the agreed limit I thought it wise to add to the tally.

 

Thanks for the help. Good news is good, no matter how loud the volume!!!

 

[scubajay]

Here's a thing. I received a letter on the 23rd November stating that FD had received my complaint (my request for the chargs) and that they would endeavour to reply in the next 10 days.

 

I still have not heard anything, and tomorrow the 1st set of 2 weeks is up. I am going to send off letter 2 tomorrow, the letter before action as I intend to stick to the deadline, but I was wondering if FD are stalling hoping I would give in.......any thoughts?

[androobe]

I have noticed FD are slowing down on their responses, but I'm guessing it's because they are getting so many claims AND so many complaints about the new account charges too that they are struggling to cope. Send the LBA and hold tight. You'll probably get an offer soon, but have no fear if not you'll get it after you file your MCOL. Whatever you do don't settle for any less than the full amount... preferably with interest.

[gordonf]

I had a similar response from FD, or more to the point lack of one. They never replied to my 1st letter, but when I sent the LBA, they replied almost immediately telling me to get stuffed (not quite those words of course) so now I've gone to Court stage. Good luck with your action and keep us posted.

[scubajay]

Roger that!!!

 

I will post more news as it comes. Thanks for the help.

[bookmark1976]

I got the same response as you scubajay. I sent my LBA as they had not replied to my prelim and within four days had a reply to my prelim letter. Slightly confusing as I know they received my LBA.

[dani3741]

in the same boat got a letter to say they will repond in 10 working days but 11 working days later no reponse lba letter going in post 2morrow!

[scubajay]

Well......the battle continues.

 

I sent my letter before intended action just now, and the clock has reset for 14 days.

 

I am going to start swotting up on the next stage as it looks like they want to see how serious people are before they make offers or payout.

[scubajay]

I received a letter this morning from the department of Mr. Robert Kernagahan stating that they would make me an offer without prejudice of: £1046.

 

I was tempted but then noticed that they are not voiding the charges they intend to take in December (£80) and they had knocked off £100 of my accrued charges in the offer they made. I tried to call them to get these bits sorted so that the offer could be accepted, and they have given me the FD 8 week time limit to accept the offer. As they are still taking money from me, and unwilling to talk on the phone to me to resolve the last charge and the £100 I am going to let it run until the 19th (when the 2nd set of 2 weeks is up) and then start with the court claim.

 

As I gave them 2 weeks from the 5th I reckon it wise to let them have the 2 weeks, as I want a full refund of al the charges. Next step - Small claims court!!

 

Any advice?

[gordonf]

How does that figure relate to the amount you're claiming? Others who have posted here have reported an initial offer of 50% but I think that this may differ depending on the size of the claim.

[scubajay]

I am claiming £1230.

 

£80 of that refers to a charge they are deducting on the 17th of December (that they won't stop!!) and £100 odd that they just decided to not pay. On the strength of close but not close enough I am staying the course.

 

Do I stick to MY timetable, or start the next stage as they have made an offer?

[gordonf]

Stick to your guns and go to the next stage. I believe that there is a template letter for your situation in the letter library.

[scubajay]

Thanks for the heads up Gordonf.

 

I found the template, and am sending a letter to FD tomorrow via recorded delivery stating that I will accept their offer of payment only as a part payment of the whole set of charges. I also reminded them that I am going to be sticking to my timetable and that the court papers start on the 19th. Considering their massive workforce it is not reasonable to expect them to contact me before the court papers get submitted.

 

I did feel a little greedy, but then recalled the difficulty these charges have put me in in the recent past, and that they didn't really care too much for my troubles when I asked them to.

[scubajay]

I filed with MCOL today.,

 

Claim number 6QZ95539

Claiming £1448.40

 

Of which £120 are court fees. Puts the offer they made into perspective.

 

Now I have to wait and see what happens.

[scubajay]

On the MCOL website it says that the claim has been issued, and next to it is a box that says "start" and is headed Judgement......what do these new options and titlaes relate to?

[androobe]

You can't start judgement unless they don't respond within 14 days of the claim being deemed served... or 28 days after if they acknowledge and then don't follow it up with a defence.

[scubajay]

Thanks for that!!

 

Now the waiting begins.

 

 

(and then I go for Abbey in the new year!!)

[gordonf]

Is the 28 day period after acknolwledgement, working days or calendar days? In my case FD acknolwedged on 1st December so with Christmas and New Year it would give them until about the 10th January if it's calendar days.

 

That's assuming that they do intend to submit a defence of course.

[androobe]

It's 28 calendar days, but thats from when it was deemed served, not from when they acknowledged. It's deemed served 5 days after you filed it (I think), so basically add 33 CALENDAR days from when you filed.

[scubajay]

message moved to a new post

[scubajay]

Any advice and tips will be appreciated.

 

I just checked on MCOL which I do daily as I have 2 claims going on, and the FD claim has changed to:

 

"Defence(20/12/2006)".

 

I know now that I have to wait for the AQ to come through the post, but what is up with the date being 20/12/2006? Does that mean that they filed for defence then? If so, does that mean that the date for me to respond has come and gone and I have now lost my chance to get the charges refunded?

 

The only reference to the 20th I have in all my papers is that the 20/12/2006 is the same date that FD offered me £1230 which was my original claim amount before MCOL fees. The £1230 offer was made to me after I had already filed MCOL though.

 

I am a little confused as I have had no post or mail or messages from either FD or the Court people to inform me of this. I have a horrible feeling that I am going to be the crash test dummy for the banks to fight back at court and crush someone.