Roberts v First direct

[gardenut]

Hi all

Well I've got the ball rolling. I sent a letter to First Direct enclosing a cheque for £10 and requesting bank statements for the last 6 years just last Tuesday. By Friday I had received a letter returning my cheque and was told that they don't charge for this service, but that they would send all 6 years statements by courier. Today, Tuesday, I received the lot. So far, very impressed.

 

OK. So now I'm looking for the charges I can reclaim. I assume these would be excessive overdraft fee. Can I claim back the overdraft fee? Any chance on the debit interest?

 

Can someone please clarify which I can claim.

[bennyowen]

returned direct debit fee, returned cheque fee, unauthorised overdraft fee, over limit fee, etc.

 

Hope this help.

[gardenut]

Thanks for that, but I'm still not sure if I can claim the debit interest.

[bennyowen]

I will suggest that you aim for the actual amount of charges first. Compile all the actual charges applied to your account on the spreadsheet. Leave the interest until time for court. Claim only the actual amount of total charges, not interest.

 

When the bank refuse to refund your money now, the interest of 8% calculated on the spreadsheet will be added to it for the court claim. Before the court claim, do not ask them to refund interest. If they fail to refund the total charges, then you can progress the matter to the court. At that stage, you would be claiming statutory interest and court cost as well.

 

I hope this helps

[claire78]

You CAN reclaim the debit interest charged on the charges, the spreadsheet is here,

 

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Complex-bank-charges-calc.xls

 

Please note that you cannot just claim back all debit interest.

 

Please read the FAQs and start a post in the First Direct forum, we will be around to answer any queries you have

 

Best of luck

[gardenut]

Claire and Benny

Thanks for the advice. I'm sure you'll keep me on the straight and narrow. I will look at the FAQ though I have looked at some.

 

Thanks again.

[gardenut]

Well, here goes. I have just completed the letter and list of charges I am sending to FD. I have taken a bit of time deciding which I can claim for as there were a lot of Debit Interest charges on my statements but they weren't because of overdraft charges, just my excess spending, and most of them were for just pence, so I decided not to include them. The whole lot amounts to about £1,117.

 

Fingers crossed, I will hear something positive within the next 14 days. I will keep you posted.

 

I have a fallback account set up, I have taken out a loan and paid off my overdraft and credit cards and the repayments are now just over half of what I was paying. If I get this amount it will completely pay off my credit card and will just leave the loan which I can handle.

[MARTIN3030]

Your posts moved into your bank group.

[gardenut]

Just an update.

 

Today I received a very polite letter from FD saying:

 

'I am sorry that you have had cause to complain. A response will be issued shortly, certainly within the next 10 days'

 

and enclosing a leaflet about listening to out comments.

 

Usual thing everyone gets I suppose.

 

Monday 19th Feb is the 14 day deadline so we'll see if anything materialises before then.

 

If it doesn't, do I prepare to go to court?

 

Marilyn

[Fox Mulder]

Just an update.

 

Today I received a very polite letter from FD saying 'I am sorry that you have had cause to complain. A response will be issued shortly, certainly within the next 10 days' and enclosing a leaflet about listening to out comments.

 

Usual thing everyone gets I suppose.

 

Monday 19th Feb is the 14 day deadline so we'll see if anything materialises before then.

 

If it doesn't, do I prepare to go to court?

 

I got exactly the same letter and the answer is simple: you IGNORE IT COMPLETELY. It has no bearing on your claim, it does not address the preliminary demand for repayment. The clock is ticking on that 14-day deadline and they know this, so no need to worry and remind them, either.

 

If you don't get what you want in full at the end of that 14-day period, go to your second demand, after which they get no more letters and you proceed with your claim.

 

They know the score. They are hoping that YOU do NOT.

 

All the best to you! I'm at the same stage and displaying a tenacity I never knew I had before...

[gardenut]

Thanks for the support Fox, it means a lot.

 

I guess the next letter is the Letter Before Action one. OK. I'm ready. I just hope FD are.

 

xx

[Fox Mulder]

Well, yesterday a series of forceful, 'I know what I'm doing' electronic messages led to them not refunding the latest batch of benefits they took from me but extending the overdraft by that amount until the 'matters' I raised in my letter have been 'resolved'. Kind of indicates to me they know they are going to have to cough up to folks now, as I expressly said no to a further overdraft level and, besides, they would never raise my overdraft in three years until now even when I almost near-begged. They knew they had to act quickly, and that the monies are all coming back to me.

 

Just remember how inflexible and hardline they've been to us all in the past and take a lesson from their book. Don't flinch, don't be diverted from this course of action. Always be civil but firm and I believe we will all benefit.

[gardenut]

OK so the allotted time has run out after my letter asking for the money, with no offer. I suppose I now send them the LBA letter do I?

[Fox Mulder]

Did you send the letter signed-for delivery? It's essential that you do, otherwise they can claim never having received it. If you did, you have proof not only of posting, but date received - you can check on the Royal Mail website by typing in the code from your receipt.

 

If you didn't send it signed-for, I would suggest you send the letter again, this time by signed-for delivery. If you did send it, and know they received it, then go ahead with the LBA. If you to LBA having no proof they received the first letter, they might argue you didn't follow due process.

 

I hope this is helpful.

[madhouse5]

Surely they have proved they received gardenut's letter by replying as stated in post 9.

 

Might be wrong, just a thought!

[gardenut]

You are right madhouse, I have the receipt dated 5th February and today was the last day. I suppose if they only sent it today I could wait till tomorrow before I send the letter on Wednesday.

 

LBA it is then.

 

thanks for the support both of you.

[gardenut]

Was all ready to send the LBA and I got a letter in the post, dated 19th which was the last day, offering me £925 which is about 80% of my original claim, as a full and final settlement. Which is about par for the course.

 

They say they are not prepared to consider debit interest. Do I continue with my full claim?

 

By the way I have got this far by sending all letters to the FD address on my cheque book in Leeds, NOT to HSBC. They also state in their letter that if I want to 'escalate your concern' I am to continue doing so to the Leeds address. So that clears that up.

 

I'll look at others who are past this stage and see what they did, but any advice will be appreciated.

 

Thanks to all.

[gardenut]

Haven't had any advice from site re my last posting so have gone ahead and sent the LBA. I hope I have done the right thing.

 

What is worrying me is the fact that FD say they will not pay debit interest and that is the remainder of my claim.

 

Am I right to keep going?

[cookie121]

It appears blatantly obvious to me that banks are refusing to go to court, because they know the day they defend a case they have to justify their fees and can't. What it comes down too is and I'm sure they know this too, the amount they are paying out only £7910515 to 5659 declared claimants, extrapolate that a bit to others claiming through other sites and independents for ease sake double it make £15821030 add an arbitrary figure for claims in process lets say £10000000 thats £25821030 spread that over the 20 or so finance houses involved £1291051 Barclays being the only one I know of that have declared profits of 7Bn,others are probably similar figures, as you can see we claimants are not even 1%. Figures are made up but show that we are nothing more than a nasty itch. They won't start scratching beleive me! 8-)

[harvest]

While I was wiating for First Direct to communicate with me I did a bit of searching on t'internet (too much time on my hands I know).

 

I found 13 Judges who'd remarked in the media about the way these claims were clogging up the process.

 

I then found the 'Judges Council' website (from what I can tell a sort of association of Judges).

 

So I've written to one of the chairmen(chairpersons) of a particuler working group (Mr Justice Etherton) on exactly this point.

 

i.e. can the judiciary do something to alleviate the pressure on the courts from tens of (hundred of?) thousands of actions againts the banks. In other words, bring a test case. Or if the procedure doesn't allow, disbar defences from Banks until disclosure into one of the courts.

 

Long shot I know, but it made me feel good writing the letter.

[gardenut]

Good idea harvest. Just hope the test case isn't mine!

[harvest]

Me neither. But knowing my luck...

[gardenut]

RESULT!!

 

I received another offer from FD this morning and it's just £80 short of the figure I asked for, so I'm going to accept.

 

Thanks to all on this site who have supported me and I hope you are all as successful.

 

Going to celebrate tonight!

[madhouse5]

CONGRATULATIONS:lol:

Enjoy your money, I'll be having a drink for you tonight.

madhouse5;)