Andy v FD

[andy y]

Hi there

 

First proper post.....I have got 2 claims on going with FD & A&L

 

Sent the usual letter with £10 before Xmas and fair play to FD they sent the statements by courier on 4/1

 

I have 2 accounts....current account & credit card

 

Current a/c had about £1200 in charges on it

C/Card had approx £950 in charges

 

Used the spreadsheet and letter template and sent by e-mail on 5/1

 

How long do I have to wait before sending any further correspondence?

 

thanks in advance for your help

[bookmark1976]

I gave them 14 days to respond. It depends on how long you stated in your letter to them. You have to stick to what you said.

[andy y]

thanks for the reply bookmark

 

Its just over the 14 day limit....i'll give them a ring and if i get no sense it'll be a LBA sent recorded delivery in the morning

[andy y]

LBA sent with copies of charges (again)

 

wonder if they'll reply this time

[Bigmac versus]

Give them 14 days from when they receive it then file at court, stick to your timetable, remember this is YOUR money.

Dont add the 8% judicial interest until court stages.

[andy y]

update time

 

recd this letter today:

 

14th February

 

WITHOUT PREJUDICE

 

Dear XXXXX

thankyou for your letter of 31/1 requesting a refund of £2281 bank and service charges. After reviewing your account I note unpaid items totalling£75, a £5 charge for a foreign cheque and £35 that did not debit your account. I have adjusted your claim acccordingly

 

In circumstances where you have authorised payment that would if met by us lead to your account going overdrawn or to exceed an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set in our published tariff. The circumstances in which the fee will apply are clearly set out in our T&C's, a copy of which was provided to you when u set your account up. We are confident of our position and believe that if your claim for a refund proceeded to Court, we would succesfully resist any legal challenge in relation to these fees.

 

First Direct is however midful of the management time and irrecoverable legal costs we may incur in relation to such a claim. For commercial reasons alone, and without any admission of liability whatsoever, FD is prepared to pay you the sum of £1414 in full and final settlement of this matter, which I believe is a fair and reasonable offer. As debit interest relates to your agreement with us I am not willing to review this.

 

if you accept our proposal please sign and return the enclosed declaration to us in the prepaid evelope provided and we will arrange for the refund to be made to you.This offer will remain for 10 working days.

 

However should you wish to escalate your concerns to the next stage you may write to Robert Kernaghan, CRM at the above address.

 

Complaints that we cannot resolve may ultimately be referred to the FOS, further details of which can be found in the attched leaflet

 

Yours

 

XXXXXXXX

 

 

My choice is now take £1414 out of£2281 and head for the hills or do I fight this?

 

What should be my next move.

 

Also in the first para they state that I claimed £5 for a foreign cheque (I didnt) and other bits and pieces....do I now just claim £105 less eg £2176?

 

Any advice would be appreciated

 

Thanks

[sioni]

Stick to the time limit that you imposed in your LBA and start your MCOL.