Bopomofo vs. First Direct *** WON ***

[Bopomofo]

Just taken my first steps to reclaiming the excessive fees taken against me by First Direct: today (09/02/07) I sent off my Subject Access Request letter - using the 'Signed For' service, of course.

 

I checked my statements for the last two years - you can do this online with First Direct, but they will not provide details of charges levied beyond the last three months. You have to look at your individual statements. The historical statements are provided in bi-monthly form (ie 24 per year), which makes it a bit more difficult, but if you know that FD take their fees out on the 4th/5th of the month then you only have to look at one statement per month.

 

So, in the last two years they have had over £700 off me, and I was minded to just multiply by 3 to get the 6 year total and claim this estimated figure (from advice given by another website). However, they would probably dispute this immediately, and I've not seen anybody else descibe this process on these forums. In the end, I've gone for the full S.A.R - (Subject Access Request) using the template here: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

If it is worth doing, then it is worth doing properly. I'll let you know what happens.

[cookie121]

Hi Bopomofo seems to be the form on here is to keep to the pre prescribed format and all will go well, seems to be alot of help on here too when it all gets a bit tricky or your feeling unsure about it all, I can't give any tips as yet just starting out too, but as I, you have had no replies so thought I would give you some encouragement

[Bopomofo]

Update: Got a letter by fairly quick return from FD (16-02-07). They have returned my £10 cheque and stated that the information I requested (charges etc under the standard Data Protection Act request) is available on my statements.

 

They have said they will send all statements free-of-charge for the last six years by courier (with the stipulation that I must be available to sign for them), but not given a time-scale.

 

So... a quick and positive response, but the clock is still ticking. I believe all of the above is absolutely standard behaviour for FD.

 

Looking forwards to my big pile of paper

[vick*]

hi there,

I got that letter and two days later (yesterday) got all my statements delivered.

[Bopomofo]

Just a quick update: got two parcels of statements today. Not checked them yet but I am assuming all is present and correct. Will update again when I've had my highlighter pen out and sent my preliminary letter.

 

So far so good.

[cookie121]

I wish sent my request on the 2nd feb still not turned up

[Bopomofo]

Another update: just got my preliminary letter together using the standard template: http://www.consumeractiongroup.co.uk/forum/bank-templates-library/671-2-letter-preliminary-approach.html

 

I added a paragraph at the end to say that my wife was signing the letter too - it is a joint account - but she was hereby giving me full authority to proceed with this claim on her behalf and all correspondence should be to me bla bla bla.

 

I just have this nightmare about some stroppy legal eagle phoning up Mrs. Mofo and talking legalese at her. Not that she can't cope (she's got legal qualifications!) but I've read this entire web-site and she hasn't...

 

Anybody else added this kind of paragraph? Good idea or not?

 

Also, I used the 'simple' spreadsheet to form my schedule of charges, and just hid the statutory interest columns for this first letter, as I've read that only applies when you go to court:

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

 

Total they have taken off me is £1420.50... the worst thing is that this is my cash account used only for debit card transactions - shopping, petrol, train fares etc - no cheques or direct debits. Every card transaction is authorised by FD, then they have been charging me unauthorised transaction penalties. Work that one out?

 

I don't put much money into it each month,but some months they have taken nearly 20% for themselves.

 

Offto the Post Office tomorrow for some serious recorded delivery therapy. I'll keep you all posted.

[Nightmare43]

Hi I posted my SAR on Thursday 22/2 keep checking on Royal Mail website to see if been signed (so I can count the 40 days) but not recognizing reference no. Did u have any such problems?

[fumingmad]

I posted my recorded and signed for letter on the 16th feb and as of today (25th) there is no record of the delivery on the royal mail website. I will be phoning on monday to check as i know that FD have had the letter cos they responded to it!!!

 

Phone the RM Cusotmer services on 08457 00 1200.

 

Good luck - i will be phoning tomorrow also!

[vick*]

I think someone said on one of the other threads that when there is a big bundle of post to be signed for that the bank only has to sign the first one.

[fumingmad]

Hi Vick*

 

Surely though under the terms of paying for a signature on delivery they have to prove that they have delivered it on time?? ie: that you should get proof of delivery.......just a thought...

[vick*]

Well, that's what I would have thought as well, but I definitely read that on one of the other threads! Doesn't seem right to me.

[Bopomofo]

'Signed for' seems pretty rubbish to me. My SAR letter has been responded to -see above - but the RM web-site still lists the status as "It's on its way" whatever the hell that means.

 

My preliminary request for refund was sent 24-Feb-07 a.m., but is still not listed.

 

The lack of status for my first letter doesn't bode well for the second one. I, too, will need to know exactly when the 14-day period is to start...

 

While I am in 'Consumer Action' mode, I might make a complaint to RM, too.

[cookie121]

As a general rule I use 1st class one day guaranteed, so 14 days from then. If they then either deny delivery then you can contact the RM, but I would personally continue with the letters and deadlines as prescreibed, If they are stalling they will find it very hard to deny servance of official court papers and as long as you have a record of correspondance, they would be stupid to ignore any demands!

[harvest]

Don't know if this helps...

 

Just spoken to a relative who works for Royal Mail. The posties are not very happy because in the last two weeks the volume of recorded (signed for) and special delivery letters being sent to banks has apparently 'gone through the ******* roof'.

 

He says the process has been for Royal Mail to produce lengthy sheets listing all the signed for letters each morning which are then presented to the banks for one signature saying they agree with the lists of letters being delivered. This can then cause complications when the items are listed by reference number on the RM tracking website because... and I quote...

 

"some lazy f****** have only been listing the first reference number on each sheet."

[fumingmad]

To Update - I have phoned RM and have received an email confirming proof of delivery for both FD and GEC. never mentioned the £2.20 they claim they charge..... small victory or change in policy?!!

 

It does seem as harvest said as the rpoof i have has about 20 bar code and ref numbers all delivered the same day.

 

So the banks seem to have a lot more post these days.....shame

Serves them right if you ask me.

[Bopomofo]

Neither of my letters to FD (SAR and Preliminary Request) have been confirmed as delivered by RM, so I gave them a call today. After getting cut off once (Grrr!) I managed to get them to send me the signed sheets. No mention of a charge, either.

 

Apparently, my letters were all part of a bulk delivery, as others have said. The latest ruse appears to be not dating the sheets, as RM told me the letters had been signed for but the date wasn't confirmed.

 

However, I've just recieved two e-mails containing the signatures, and confirming the dates. Could just be estimates, of course, but it is in writing and it is from the RM, so it's good enough for me (and hopefully the Judge!!). Preliminary was received 25/02/07 (Sunday?) but no response yet, so I'm just counting down the days to LBA-day next Monday.

 

Actually, my initial letter (SAR) was responded to, of course, but I thought I would make sure the paper trail was complete. Just in case, you know?

[Bopomofo]

Quick update: just got a letter offering me £1210, no questions asked, no admission of guilt etc.

 

This apparently also includes £149 they were going to take off me this month, and £80 they were thinking of taking next month. So... the offer is some way short of the £1450 I originally asked for (which didn't include all the extra for this/next month).

 

Not sure about this, now. It's a lot of money, certainly, but I hate the thought that they are still about £500 short of what they owe me.

 

If I write back refusing it, and giving them an LBA at the same time, is it good form to update my claim to include the extra charges from this month? (Note that my earliest charges from FD would still be within 6 years of my latest claim)

[younganfree]

You can add charges up and until you start court proceedings.

Once it's in the hands of the court you can pay a fee (non refundable unfortunately) to add any further charges, or start a new claim once the current one is out of the way.

[Bopomofo]

I've re-checked their letter, and they are actually refunding me £1210 of the £1450 I asked for, in addition to refunding £229 they haven't taken off me yet. So, they are 'only' £240 short of the mark.

 

I'm thinking that I'll add that £229 onto my existing claim, and send back a dual purpose LBA, stating that I'll accept their partial offer and pursue them for the rest, or I'll see them in court for the full amount + statutory interest.

 

Anybody else done this. Their 14 days from the preliminary letter is up on Monday, so the timing is right for partial acceptance / LBA.

 

Also, should my next letter just go to the general reply address, or the famous Mr. Kernaghan - they gave me his name as a contact point if I'm not happy with their offer?

[harvest]

Bopo, what you're proposing to do sounds like the right approach to me.

 

Incidentally, who was your letter from? I received an offer letter (and revised offer letter) from a Mr Adams but in the last paragraph of each he suggested speaking to the (in)famous Mr Kernaghan if I wanted to 'escalate' my claim.

 

Congratulations though on getting so far so quickly.

[Bopomofo]

Hey Harvest! My offer was from a Ms. Coe, of 'Customer Relations' - with the instruction to refer to Mr. Kernaghan - 'Customer Relations Manager', so I assume her boss - if I wished to 'escalate my [your] concerns to the next stage'.

 

The only question is where to write the next letter to? Since both my letters so far have simply been to 'Dear Sir/Madam' at the standard 40, Wakefield Road address I'll continue to do that. I'll copy my next letter to Mr. Kernaghan, though, because a) It will look better later on, and it might cause some inter-departmental confusion to my benefit, and b) I'm nice.

 

For the sake of a few more letters and another month or two I want the extra money they owe me. And if they are silly enough to push it so far they have to cough up the statutory interest (£300+) then I'm cool with that, too.

 

Just about to write my next letter, accepting their offer as partial payment and giving them 14 days before I get all legal on them. I'll share the text if you want.

[harvest]

Bopo, yes would be useful to see the text, thanks. I'm just waiting for a reply now to my last rejection. (I sent my letter back to the bloke that signed it). I could post the tex here if that's useful or put it on my thread.

 

I think we're deffo on similar timescales here - especially if they push things to the MCOL/Court Stages.

 

As you say, at least then you'll get the stat interest after that stage.

 

I'm a bit worried about my parachute account. I had confirmation it had been set up but when I went to pay money in they asked for ID, phtocopied it and sent it off to their head office. Not heard a thing since (about 10 days ago). I'm just hoping that FD don't start playing silly beggars with my account before the parachute is working.

 

Anyway, good luck with the next stages.

[Bopomofo]

Sent a rejection letter on Tuesday, stating that I will accept their offer in part payment but continue to pursue them for the rest. Also reminded them that they are out of time, based on the timescales I set originally, so they should consider this letter to be a 'Letter Before Action'.

 

They ought to receive it by today at the latest, so worst case I'll be filing against them two weeks tomorrow.

[Bopomofo]

Back of the net!

 

Got a response to my refusal to accept their initial offer, other than as part payment.

 

They have settled my £1420.50 claim IN FULL, refunded a further £149 they took off me while we were arguing, and also waived a further £80 which they were thinking of charging me.

 

09/02 - DPA request

24/02 - Preliminary letter

07/03 - Partial offer £1210 received

12/03 - Sent LBA (accepting offer as part settlement)

23/03 - Full settlement, including waiver of some future charges.

 

I have checked, and yes... I AM THE MAN!

 

Bopo