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FIRST TRUST BANK - help needed


flojo1985
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I have made such a BIG mistake. I thought the quarterly charges were penalties and claimed them when I lodged court papers. I thought that we were being penalised for using a service already paid for. In the First Trust you pay £30 to get an overdaft and even if you only go into in once in the quarter every transaction is charged for during that quart even if you are in credit.

 

How stupid have I been.

 

I checked the NI Court Service online today - First Trust have lodged a dispute!!!

 

I haven't got the papers yet but any advice would be very much appreciated. I don't know what to do now.

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Sorry, you have confused me.

 

What are you saying about the charges, and the £30 per quarter? - I can't seem to get the 'gist' of this post......

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi Jonni

Sorry for confusing you. We pay £30 to set up and O/D facility then each time you use it the bank charges you for every transaction even when you are in credit. This always ammounts to quarterly charges on top of the penalty fees. I thought we were being penalised for using a service already paid for!!!

 

I have copied T&C s below so you'll understand what I mean. Any adviced would be greatly appreciated!!!!

 

 

 

 

Next Steps:

>

> For more information on our Fees & Charges

> Call into a branch

> Or call us on: 0800 389 6218

>

> Related information:

>

> A Guide to Fees and Interest

>

> Effective from 31 August 2004.

>

> Our newly revised price list will give you all the information you

> need to manage the cost of maintaining your account and keep you in

> control of your finances. You'll find details of all our standard

> prices for the most commonly used banking services and facilities

> below. If a price is not given for a service you wish to use, please

> ask us and we will give you all the details you need.

>

> All fees are subject to change in the future.

>

>

> Daily Banking Fees

> Current Account/Current Extra Account

> These are calculated at the end of February, May, August and November

> and are applied in early April, July, October and January.

>

> Customers who maintain a cleared credit balance in their account

> throughout the entire quarterly fee period will be exempt from daily

> banking fees.

>

> If you do overdraw at any time during the fee quarter, even where the

> overdraft has been pre-arranged, the relevant fee will be applied

> against all transactions conducted during the quarter.

> Transaction Fees:

> Lodgments

> Free

> Cheques/Manual debit transactions

> £0.59 each

> Standing order debits

> £0.59 each

> Automated debit transactions (Online/Phoneline/Visa Debit/Direct

> Debit/Banklink withdrawals+)

> £0.43 each

> Account maintenance fees:

> Current Account

> £7.50 per qtr

> Current Extra

> £7.50 per qtr

> Packaged Account / Bonus Account

> No transaction fees are payable on these accounts but maintenance fees

> will be deducted as follows:

> Packaged Account

> £8.00 per month

> Bonus Account When in credit

> £2.00 per month

> Bonus Account When in debit

> £8.50 per month

> Only one maintenance fee will be applied in any calendar month.

>

> Ancillary Service Fees

> These are applied at the time of transaction. Unless otherwise stated

> the following fees are quoted on a per item basis.

> Arrangement fee for borrowings

> Overdraft (New & Renewal)

> 1% of agreed facility (minimum £30.00) Variable Rate Loan 1% of agreed

> facility (minimum £55.00) Fixed Rate Loan 1% of agreed facility

> (minimum £55.00) Bank Drafts (drawn in sterling) £10.00 Certificate of

> Balance/Interest* £10.00 Certificate of tax deducted (Inland Revenue

> form S352) No charge Cheques sent for Collection/Special Presentation*

> £12.50 Credit Transfer £7.00 Direct Debit set-up* £4.50 Duplicate

> Statements £10.00 per page Inter-bank transfer of funds Same day value

> CHAPS out £25.00 Same day value CHAPS in (payments greater than £100)

> £6.00 Same day value CHAPS in (payments of £100 and under) £2.00

> Replacement of Banklink card/Debit card/Cheque card* £8.00 Replacement

> of Passbook £6.00 Retrieval of cheque / payee details £10.00 per

> request up to a maximum of 5 cheques.

> Safe Deposit Facilities (charged annually in arrears) ++ Sealed

> Envelope £25.00 plus VAT Box or Parcel £50.00 plus VAT Safe Deposit

> Access £20.00 plus VAT per transaction Standing Orders

> Set-up/Cancel*

> £4.50

> Amendment*

> £4.50

> Status Enquiries Answered*

> £10.00 plus VAT

> Stop Payment Instruction (Direct Debit/Cheque) £8.50

>

>

> * Packaged Account holders are exempt from these fees.

>

> ++ Please note this is a discontinued service and is only available to

> existing customers of First Trust Bank who already avail of safe

> deposit facilities.

>

> Penalty Fees

> Letters re Unauthorised Borrowings/Account Conduct £13.00 Referrals

> £14.00 per excess Unpaid Items Drawn on customers account £38.00

> Collected on behalf of customer £6.00

>

> Encashment of Cheques

>

> Where a cheque drawn on a customer's own non First Trust Bank Account

> is encashed, the following fees will be levied.

> Cheque drawn on other Northern Ireland Banks £2.00 Cheque drawn on

> English/Scottish Banks £5.00

>

> Security Fees

>

> Security fees apply to secured borrowings. The fee will vary,

> depending on the security taken, it will be advised at the point of

> negotiation or sanction.

> Full details are available from any branch.

>

> Excess Interest (also known as Unauthorised Interest)

>

> Accounts with Agreed or Expired Overdraft Limits If you exceed an

> existing overdraft facility you will be charged excess interest on

> that portion of the overdrawn account balance, plus any uncleared

> funds which are in excess of the agreed facility. If your overdraft

> facility has expired you will be charged excess interest on the

> overdrawn account balance, plus any uncleared funds.

>

> Excess interest, where it applies, is calculated at 1% per month

> (minimum of £2 per month).

>

> Accounts with no Agreed Overdraft Limit If your account goes overdrawn

> without you first having received agreement from the Bank, you will be

> charged the Bank's standard rate of interest appropriate to

> unauthorised (without limit) debit balances*. In addition to this you

> will be charged excess interest on the overdrawn account balance, plus

> any uncleared funds.

>

> Excess interest, where it applies, is calculated at 1% per month

> (minimum of £2 per month).

>

> * Information on our standard rates of interest are available on the

> notice boards within all First Trust Bank branches, on our website and

> from our helpline on 0800 3896218.

>

> Clearance of Cheques and Automated Payments.

>

> The Central Clearing Cycle for the banking industry normally takes 3

> working days. Refer to APACS or ask at your First Trust Bank branch

> for further detail.

>

> Our clearing process for First Trust Bank cheques can take up to 2

> working days, after the day the cheque is paid into the account,

> whilst cheques drawn on other Northern Ireland Banks may take 4

> working days. Cheques drawn on banks in Great Britain may take one

> additional working day. These timescales are subject to the cheque

> being lodged before the branch closure time of 4.30pm.

>

> Clearance of Cheques

>

> All cheques lodged to your account have to go through a process known

> as the clearing cycle and will be treated as "uncleared funds" for a

> period of time, depending on the bank on which the cheque is drawn.

> The "uncleared period" reflects the time it takes to obtain payment

> from the branch of the bank on which the cheque is drawn. During this

> period, if you draw against the uncleared funds, interest may be

> charged. The rate of interest applicable will depend on whether you

> have an overdraft facility to accommodate the payment.

>

> The following table indicates the day on which your cheque will clear

> for withdrawal purposes and the day on which your funds will start to

> earn interest. The days refer only to working days and do not include

> weekends or Bank Holidays.

> The day cheque paid into account

> The day funds become available for interest calculation purposes The

> day funds become available for withdrawal at a First Trust Bank Branch

> First Trust Bank Cheques Day 1 Day 2 Day 3 Other Northern Ireland Bank

> Cheques Day 1 Day 4 Day 5 Great Britain Cheques Day 1 Day 5 Day 6

>

> Example

>

> First Trust Cheques:

>

> A First Trust Bank cheque lodged to a First Trust Bank account on a

> Monday is normally available for you to withdraw on a Wednesday

> morning. Once we have collected the money from the branch stated on

> the cheque it is cleared for the purpose of calculating interest, if

> applicable. Therefore a First Trust Bank cheque lodged on a Monday to

> a First Trust Bank credit interest bearing account, will normally

> start to earn interest (or reduce the overdrawn balance for interest

> purposes on any current account) on Tuesday.

>

> Cheques drawn on other Northern Ireland banks:

>

> A cheque drawn on another Northern Ireland bank, lodged to a First

> Trust Bank account on a Monday is normally available for you to

> withdraw on a Friday morning. Once we have collected the money from

> the bank stated on the cheque it is cleared for the purpose of

> calculating interest, if applicable. Therefore a cheque drawn on

> another Northern Ireland bank, lodged on a Monday to a First Trust

> Bank credit interest bearing account, will normally start to earn

> interest (or reduce the overdrawn balance for interest purposes on any

> current account) on Thursday.

>

> Cheques drawn on a bank based in Great Britain:

>

> The timeframes for a cheque drawn on a bank based in Great Britain

> will take one day longer than a cheque drawn on a Northern Ireland

> bank, as detailed above. Once we have collected the money from the

> bank stated on the cheque it is cleared for the purpose of calculating

> interest, if applicable. Therefore a cheque drawn on a bank based in

> Great Britain lodged on a Monday to a First Trust Bank credit interest

> bearing account, will normally start to earn interest (or reduce the

> overdrawn balance for interest purposes on any current account) on

> Friday.

>

> As described above, one working day after the clearing period, for

> interest calculation purposes, may be required in order to cover the

> possibility of the cheque being returned unpaid to First Trust Bank -

> for example where the writer of a cheque does not have sufficient

> funds in their account. Your branch will advise you if this happens

> and the value of the cheque, together with the cost of handling the

> unpaid item, will be charged to your account immediately.

>

> The timescales given in these examples are for guidance purposes only

> and illustrate when we aim to make the funds available to you.

>

> NOTE: In exceptional circumstances a cheque can be returned unpaid

> outside of the clearing cycle outlined above.

>

> Clearance of Automated Payments

>

> A Standing Order is an instruction to debit your bank account and

> credit another bank account through the BACS system. Two working days

> are required for the funds to reach the nominated account e.g. funds

> debited from your First Trust Bank account on a Monday by way of

> standing order will be credited to the recipient account on Wednesday.

> However, if the recipient is a First Trust Bank account holder within

> the same branch the funds will be credited on the same day. For all

> other transactions, including where the recipient is a First Trust

> Bank account holder in another branch, the process takes two working

> days. Upon receipt, incoming standing order credits are immediately

> cleared for withdrawal and will start to earn interest, if applicable,

> the following working day.

>

> Funds can also be credited to your account by incoming automated

> transfers such as salary/pension credits or standing orders. When a

> credit is made using this method, you will normally have to wait until

> the third working day, from the day the paying bank initiates the

> payment, before the funds are received into your account. Upon

> receipt, incoming credits are immediately cleared for withdrawal and

> will start to earn interest, if applicable, the following working day.

>

> Clearance of credits by First Trust Bank Online/Phoneline Banking

>

> First Trust Bank customers can transfer funds, using both First Trust

> Bank Online Banking and First Trust Bank Phoneline Banking between

> accounts registered for these facilities. Funds transferred between

> First Trust Bank accounts are cleared for funds immediately and if

> applicable, will start to earn interest the following working day. In

> cases where the nominated account is not held with First Trust Bank,

> it may take up to three banking days to complete the transfer of funds

> using the bill payment or the funds transfer facility. The cut off

> time on banking days is 6.00 p.m. G.M.T. Transactions carried out

> after this time will carry forward to the next working day.

>

>

> Cash Machine Withdrawals

>

> Cash can be obtained from Cash Machines in the UK. Withdrawals from

> Cash Machines, other than those operated by First Trust Bank, may be

> subject to a cash-handling fee levied by the Cash Machine operator.

> You should be advised of such fees during the course of making a

> withdrawal and given the choice of cancelling the transaction.

>

> + Banklink / Visa Debit Withdrawals from Cash Machines

> In addition to the account transaction charge for Banklink/Visa Debit

> withdrawals, using the card to withdraw other currencies will attract

> the following fees:

>

> Banklink withdrawals from other Cash Machines in Republic of Ireland

> and EURO dispensing Cash Machines in Northern Ireland and Great

> Britain.

> Your Banklink card can be used to withdraw EURO currency at Cash

> Machines of AIB Bank, Bank of Ireland, National Irish Bank and Ulster

> Bank in the Republic of Ireland. Your Banklink card can be used to

> withdraw EURO currency at designated EURO dispensing Cash Machines in

> Northern Ireland and the UK. In both cases the amount will be

> converted at an exchange rate determined by AIB Bank and will be

> subject to a currency conversion fee of 2.21%.

>

> Banklink withdrawals from other Cash Machines in Europe and the rest

> of the World Your Banklink card can also be used to withdraw foreign

> currency at Cash Machines displaying the Visa Plus logo. The amount

> will be converted at an exchange rate determined by Visa International

> and will be subject to a currency conversion fee of 2.00% for

> transactions in US or Canadian dollars, 2.25% for transactions in

> EURO, and 2.50% for transactions in all other foreign currencies. A 1%

> cash-handling fee (minimum £1) will be applied (except for EURO

> withdrawals) and charged separately.

>

> Visa Debit withdrawals from Cash Machines in Republic of Ireland and

> EURO dispensing Cash Machines in Northern Ireland and Great Britain

> Your Visa Debit card can be used to withdraw EURO currency at Cash

> Machines of AIB Bank, National Irish Bank, and Ulster Bank in the

> Republic of Ireland. Your Visa Debit card can be used to withdraw EURO

> currency at designated EURO dispensing Cash Machines in Northern

> Ireland and the UK. In both cases the amount will be converted at an

> exchange rate determined by AIB Bank and will be subject to a currency

> conversion fee of 2.21%.

>

> Visa Debit withdrawals from other Cash Machines in Europe and rest of

> the World

>

> Your Visa Debit card can also be used to withdraw foreign currency at

> Cash Machines displaying the Visa logo. The amount will be converted

> at an exchange rate determined by Visa International and will be

> subject to a currency conversion fee of 2.75%. A 1.5% cash-handling

> fee will be applied (except for EURO withdrawals) and charged

> separately.

>

> Cash obtained from non-LINK Cash Machines in the UK will attract a

> 1.5% cash-handling fee.

>

> Visa Debit Purchase Transactions and Manual Cash Advances

>

>

> Visa Debit card purchase transactions and manual cash advances in all

> foreign currencies will incur a 2.75% currency conversion fee,

> included within the foreign exchange rate applied to the transaction.

> A 1.5% cash-handling fee will be applied to all manual cash advances,

> including sterling, and charged separately.

>

> A guide to Fees and Interest is also available in our Related

> Information Section.

>

> Back to top

>

>

> First Trust Bank is a trademark of AIB Group (UK) p.l.c. incorporated

> in Northern Ireland. Registered Office, 4 Queens Square, Belfast, BT1

> 3DJ. Registered Number, NI 18800.

>

>

> First Trust Bank subscribes to the Banking Code and is covered by the

> Financial Ombudsman Service. Details of the Banking Code are available

> on request from any First Trust Bank branch or from the Banking Code

> Standards Board

>

>

> IMPORTANT: Before entering this site please take time to read our Site

> Legal Notice and Privacy Statement. By proceeding further you are

> deemed to have read and accepted our Site Legal Notice and Privacy

> Statement.

>

>

> The information regarding the products and services contained on the

> following pages is intended only for the residents of Northern

> Ireland. If you are not a resident of Northern Ireland it may be

> unlawful for you to receive this information.

>

>

> We recommend that you use Microsoft Internet Explorer 6+ or Netscape

> 7+ to view this site.

>

> AIB Group | Site Legal Notice | Privacy Statement | Security Policy |

> Interest Rates | Fees & Charges | Environmental Policy | Contact Us

> | Accessibility This email and any files transmitted with it are

> private and intended solely for the use of the individual or the

> entity to which they are addressed. If you are not the intended

> recipient the email and any files have been transmitted to you in

> error, and any copying, distribution or other use of the information

> contained in them is strictly prohibited. Nothing in this email

> amounts to a contractual or other legal commitment on behalf of DRD

> Water Service. You are advised that both incoming and outgoing emails

> may be monitored and recorded.

> Whilst we have taken reasonable precautions to ensure that this email

> and any attachment has been checked for viruses, we cannot guarantee

> they are virus free and we cannot accept liability for any damage

> sustained as a result of software viruses. We would advise that you

> carry out your own virus checks, especially before opening an

> attachment. This email and any files transmitted with it are private

> and intended solely for the use of the individual or the entity to

> which they are addressed. If you are not the intended recipient the

> email and any files have been transmitted to you in error, and any

> copying, distribution or other use of the information contained in

> them is strictly prohibited. Nothing in this email amounts to a

> contractual or other legal commitment on behalf of DRD Water Service.

> You are advised that both incoming and outgoing emails may be

> monitored and recorded. Whilst we have taken reasonable precautions to

> ensure that this email and any attachment has been checked for

> viruses, we cannot guarantee they are virus free and we cannot accept

> liability for any damage sustained as a result of software viruses. We

> would advise that you carry out your own virus checks, especially

> before opening an attachment.

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Any adviced would be greatly appreciated!!!!

 

I'm only likely to live for another 40 years you know!

 

There really is too much for me to wade through here, in the limited time I can spare.

 

What, from the list, have you been charged for?

..

.

 

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice, you must always consult a registered and insured lawyer.

 

 

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Hi Jonni

I have been charged £30 per annum for an overdraft facility. If I use this once in any quarter I am charged for each transaction made on my account ie DD, Standing orders, taking money out from their own ATM. It ammounts to about £40 every quarter. I have been charged the penalty charges on numerous occasions.

I have claimed about £1000 for the charges and about £1000 for the referral fees. This is were I have made my mistake.

Any help would be appreciated.

Thanks

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flo

in your prelim letter and again in your LBA you would have asked them to enter into meaningful dialogue about this matter. the fact that they have left it until this stage to raise a dispute could be seen as neglect on their part.

 

worst case scenario,

they let it go into the court, a judge then has to decide what is considered lawful and what is not. just because your claim is for £2000 (approx) does not mean that the judge has to make an all or nothing decision.

you will get at least £1000, which is better than a poke in the eye with a sharp stick

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Court case due on 26/9

 

Notice of dispute filed by the Bank.

'The claim is denied. The Respondent disputes the claim. The money claimed is not due and owing to the applicant and all fees and charges levied were done on foot of the terms and conditions which governed the aggreement between the applicant and the respondent'

Signed Michael Bennet - Solicitor authorised on behalf to First Trust

 

Any help would be greatly appreciated

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Hold your nerve Flojo.

 

They are simply trying to scare the bejeesus out of you.

 

 

I'll make myself available on your date for moral support ( I'm only a few miles up the road).

 

I am slightly surprised though, at the amount of time you have to wait. All these claims against the banks must be having an effect on waiting times

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Thanks guys for the encouragement. I intend to take this fight all the way!!

I have nothing to lose and everything to gain!!!!!!!!

I'll keep you posted if and when I hear anything else

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  • 2 weeks later...

Hi there I'm new to this whole thing really and i have sent off my Subjuect Access Request (no responce yet).

 

Just wanted to let you know that i have been doing a lot of reading about this and flojo1985 i dont think u have anything to worry about!!

Was reading on an other site too and they are of the opinion that these "quarterly fees" ARE penalty charges because again it is an actually a penalty for going overdrawn and thats the only reason these charges apply also!!

 

Dont worry make your claim for both sets of charges and make the argument that these are only applied when you go overdrawn and as such they are seen as penalty charges, therefore unenforceable by law!!

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Hi Paul

Welcome on board. I see we are going from strength to strengh against First Trust.

Don't worry - I am quite prepared to go to court. I have paid the £62 and have nothing to lose and everything to gain.

 

At first I was a little phased that it had got this far - but now I am quite looking forward to it.

Pity its so far away because of the courts summer recess in N Ireland but I'll just have to excercise a little patience.

I'll keep you posted (and if I can help in any way just yell).

 

Flo

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  • 1 month later...

I have received my statements without any difficuty so cant understand why they were so difficult with you folks .

 

Good Luck

 

eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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I am reaping the benefits and am grateful that I didn't have to go through all the messing about you folks did. But at least when it gets to court it will show their actions were not defensible or they would still be doing the same thing to me still. Small comfort for all the aggravation you went through I know

 

Eratu13

Data protection act letter sent ,received partial info with 2 days to spare.

 

Preliminary Approach for refund sent 19/08/06 standard delaying letter received 25/08/06

 

Posted Letter before action 06/09/06

 

NI Small Claims Online 22/09/06 filed claim for£1977 with interest and charges comes to around £2800.

Return Date 26/10/06

 

Court Date Adjourned at direction of Judge awaiting OFT/Competition Commision report due March

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  • 3 weeks later...
  • 12 years later...

This topic was closed on 09 March 2019.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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