Alasco V First Direct

[Harry Jackpot]

Hello!

 

FIRST time on this board - FIRST post - FIRST time I've ever done anything like this - FIRST time in 35 years I've found myself in deep financial trouble - FIRST time I've nearly pooped myself thinking about taking on the "big boys"..........

 

.. so FIRST Direct are going to get it!!!! (thanks to this board and Martin's Money Tips giving me the confidence to claim back what is rightfully mine!)

 

First letter asking for complete list of statements/charges, etc. (using the template from here) posted today - 8th May 2006.

 

Will let you know what happens........

[bram stoker]

Well done on your decision to act and the best of luck to you. You seem to have started out fine. Any problems ask away in this thread so we can follow your story, and have a good read around in the meantime to familiarise yourself with it all.

[Harry Jackpot]

Got initial letter back from First Direct - dated 16th May.

 

They state they will provide me with copies of my account's statements and also Notes regarding manual intervention - these will be delivered by courier.

 

They also sent back my £10 cheque stating that the information will be provided free of charge - so that's a good start!

 

They also mention that they only keep records of this sort for a maximum of 6 years - I don't know if this is correct or not - I just asked for all accounts since it was opened (about 13 years worth in total!). If you know different, please advise.

 

Thanks.

[bram stoker]

The six years is referred to in the "statute of limitations". There is a lot on this site about it if you want to use the search button and read up on it.

 

Glad to hear you got your £10 back.

[Harry Jackpot]

Great wad of statements arrived via courier on 8th June.

 

Went through all these (dating back to 2000) and came up with a total of £2,278 in penalty charges. Well, that's worth chasing, so got back on here and looked out the template for the letter asking for repayment.

 

Sent this off later the same day by recorded delivery.

 

Now awaiting the reply, which I guess will tell me to go away!

[Harry Jackpot]

And guess what........

 

Got my letter today, 15th June.

 

First Direct does not agree.......Ts&Cs..........when you opened your account......Robert Kernaghan..........8 weeks matters resolved.........Financial Ombudsman..............'Listening to your comments' leaflet.............

(as copied from Mindbomb's post).

 

They state they got my letter "today" - that being 13th June according to the date on thier letter (even though I posted it first class on 8th), but never mind - I'll wait the 14 days from 13th June to be safe before sending the next letter.

 

This is getting exciting now! :grin:

[Mindbomb]

Good, but it was deemed delivered 2 days after posting. 14 days timeline should be based around that. It's your agenda, do not let them dictate terms.

Look forward to reading about your success.

Keep up the good work.

[Harry Jackpot]

Can't wait - LBA sent off today! Well, they sent me the "sod off" letter saying if they didn't hear within 8 weeks, etc., etc., so 12 days is long enough to wait.

 

Copy of letter below for those interested, sent to our friend Robert Kernaghan:

 

LETTER BEFORE ACTION

Dear Sir, Your Ref: x/xxxx/xxxxxx/xxx

 

ACCOUNT NUMBER: xxxxxxxx

 

I refer to the letter from Steve Smithard, Credit Services Customer Relations, dated 13th June 2006.

 

I am very disappointed that you have failed to respond positively to my letter dated 8th May 2006 (although posted on 8th June 2006). I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £2,278 from my account in penalty charges over the last 6 years. In addition you have charged me overdraft interest for the sum which you have taken, although at this point in time I have not calculated the extra amounts involved. This depends on your response

I am enlosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the 8th May 2006.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

Yours faithfully,

 

xxxxxx

[bev1956]

Hi

 

reading your thread as inspired to take action against First Direct.Like yourself I have never done anything like this before and am very nervous about starting it -but there seems to be alot of support on the website so I have decided to give it ago.

 

Goodluck with your claim

[Harry Jackpot]

Letter back from Robert Kernaghan in response to my LBA, where he has "taken the opportunity to review your concerns" (yeah, right!!) dated 23rd June.

 

Plus.... the standard stuff........ does not agree.....overdraft fees.... leaflet for Ombudsman scheme.... blah...blah.

 

It's strange, because (thanks to this forum) I know whats coming before it arrives - and that gives me the confidence and nerve to carry on, whereas before I would probably have given up. My wife is still convinced that we will be the first people that First Direct actually defend in court and that we won't get any money back (a born worrier!) and I can see why so many people would be frightened and just give up.

 

Ok - I'm off to research what I do next regarding the moneyclaim and writing to the OFT. (haven't seen a template for OFT complaint yet - is there one on here?)

 

14 day deadline wil be up on 6th July. Watch this space!

[kazzaw]

My wife is still convinced that we will be the first people that First Direct actually defend in court and that we won't get any money back (a born worrier!) and I can see why so many people would be frightened and just give up./quote]

 

My hubby is convinced we'll be the first in Court so at least we'll have company!!!! ;-)

[Harry Jackpot]

Filled out Moneyclaim Online form on 6th July, as deadline was up then, but only able to submit today, 17th July, due to lack of access to funds!

 

So, just have to wait now.............nerves a'janglin' !!

[Harry Jackpot]

Got a letter from the court yesterday (27th) stating that an "Acknowledgment of Service has been filed".

 

Defendant is now HSBC Bank Plc, rather than First Direct, and the solicitors are DG Solicitors (who are mentioned in other F/D posts).

 

They state they intend to "defend all of this claim", signed by Deborah D'Aubney, which is a bit scary, but seems to be the norm at this stage.

 

From what I can gather, they have 28 days now to file a defence, but from other posts on this subject, am I right to presume a letter will arrive from DG Solicitors within the next few days, possibly offering a part-payment?

 

I still find it hard to believe that I will get anything out of this - a "bad luck genie" has been sitting on my shoulders for years. If only I could knock the b*&^%$d off once and for all! Oh well, deep breath........

[caro]

Well this is the first time I have looked much at the FD forum but it seems you should be getting an offer soon. I can't believe how easily they seem to pay up. I will keep my fingers crossed for you.

[Harry Jackpot]

Letter from DG Solicitors offering half my claim!!

 

Whoop-de-b####y-do!!!

 

Can hardly believe I'm actually going to get something back!

 

Now...now....calm down Alasco...... we're not accepting this! Gotta do it properly.

 

Letter sent back stating.....

------------------------------------------------

DG Solicitors

12 Calthorpe Road

Edgbaston

Birmingham

B15 1QZ

 

2nd August 2006

 

Dear Sir, Your Ref: DMD

Re: Myself -v- HSBC Bank plc

Thank you for your letter of 28th July offering payment of £1392.22 in full and final settlement of this matter.

 

Unfortunately, your offer is not satisfactory as it only represents half of the total amount being claimed.

 

I am prepared to accept this sum by means of a cheque made payable to myself, unconditionally, in part-settlement of my FULL claim of £2784.43.

 

However, I shall continue to proceed with my action to recover the remainder of my claim.

 

Yours faithfully...........

 

------------------------------------------------

 

Ha! Ha! Ha! - Just a shame it has to go on paying debts!

[DazNorthants]

Well looking at the other threads full offer in two days! Almost there

[Harry Jackpot]

Letter from DG Solicitors dated 3rd Aug within 2 days offering FULL CLAIM!

 

They must have sent this same day as receiving my refusal of part-payment.

 

Whoop-de-b####y-dooby-dooby-whoop!!! ...............cartwheels round the dining room.............!

 

As you can guess, I'm ever so slightly chuffed!

 

Ok, letter to be sent back now accepting the claim, crossing out their "confidentiality" blurb, and asking for a personal cheque (bit hopeful on the last bit) - suspect they'll just knock it off what I owe, but I shan't argue about that so long as I get the money.

 

Donation will be forthcoming once this is finally sorted.

[DazNorthants]

They cannot knock it off what you owe. You can expect a cheque

[Harry Jackpot]

Ahh... glad I spotted above post, thanks........change of plan.

 

Drafted letter instead of sending back form, simply stating:

 

Dear Sir,

Your Ref: DMD

Re: Myself -v- HSBC Bank plc

Thank you for your letter of 3rd August offering payment of £2784.43 in full and final settlement of this matter.

 

I am prepared to accept this sum by means of a personal cheque made payable to myself, unconditionally, in full and final settlement of my claim.

 

Once I have received the cheque I will discontinue my claim.

 

Yours faithfully, blah, blah....

 

Short and sweet - no mention of confidentiality clause or any other payment option. Hope it will suffice.

[kwilby]

 

Once I have received the cheque I will discontinue my claim.

I'm not so sure that "discontinue" is the right term to use, how about "... I will consider the matter closed"?

 

Keith,

[DazNorthants]

Or "when I have received the funds I will advise the Court that the case is settled"

 

Of course you can add. I have removed the confidentiality clause, however I am willing to enter into negotiations for a fee in relation to this if you wish to pursue this matter.

[Harry Jackpot]

Thanks chaps! Glad I haven't put the stamps on the envelope yet!

 

Ok, now reads:

 

Dear Sir,

 

Your Ref: DMD

 

Re: Myself -v- HSBC Bank plc

 

Thank you for your letter of 3rd August offering payment of £2784.43 in full and final settlement of this matter.

 

I am prepared to accept this sum by means of a personal cheque made payable to myself, unconditionally, in full and final settlement of my claim.

 

When I have received the funds I will advise the Court that the case is settled and consider the matter closed.

 

Yours faithfully, blah, blah....

 

How's that?

[caro]

Looks good to me. Well done.

[Harry Jackpot]

Been working away from home all week. Got back yesterday to a couple of letters.

 

First one from DG Solicitors saying "Thank you for returning the settlement letter......... agreed sum will be credited by way of a cheque in the next day or so....."

 

Second one from First Direct, very short and sweet:

 

"Dear Mr Alasco,

 

Please find enclosed a cheque for £2784.43 as agreed.

 

Yours sincerely........."

 

:lol: So I WON!!!! :lol:

 

Now I have to cancel the Moneyclaim online. Can't find exact details on how to do this (despite searching the forums) but have sussed out that an email to them is all that is required. Am I correct??

[kazzaw]

congratulations!!