Phonesurgeon VS First Direct

[madhouse5]

LBA sent this week, also had an offer of £974 for a £1147 claim. Sent rejection letter this week.

[Phonesurgeon]

Stick to your guns

[smartellie]

hi phonesurgeon,

 

been reading your thread on First Direct,what stage are you at now, i am just submitting the AQ for £9K plus against FD

 

regards

 

ellie

[Phonesurgeon]

hi i ve filed N1 at court and FD has aknowledge and indicates they will defend, they have till 22/05.

i was hoping to settle before that... oh well...

[smartellie]

hi phoesurgeon

 

good luck, they will generally file a defence from all the threads i have read on this site, don't worry you will get your money, as they say, "the suns always shines on the righteous", and that ain't First Direct.

 

if they don't up their offer and file a defence, when you get to the AQ stage there is a great thread on this site r"new strategy for allocation questionnaires" it is a must read for anyone at this stage. Sorry i have not yet worked out how the post the thread.

 

hand in there and don't let them off the hook

 

regards

 

ellie

[Talking Heads]

Smartellie, we seem to be at the same stage, I submitted my AQ two weeks ago, am claiming 7.5K, have heard nothing since, from reading other threads court dates seem to be set in July, I suppose that depends on how busy the local court is!

[smartellie]

hi talkingheads (sorry for hijacking your thread phonesurgeon)

 

are you another member of the First Direct Fan Club??

 

i have got until the 14/5 to submit my AQ, i made a cock upon the stat interest calculation (sorry blond moment!!), and did myself out of a grand. I have had some very helpful advice from GaryH on the allocation questionnaire thread about amending the particulars of claim, it will cost me £65 on top of the £100 for the AQ, shouldn't delay matters too much, court have confirmed that, so you can guess the rest, i will be sticking my favourite bank for another £1K. Should pay off another debt eventually when they pay out.

 

good luck with your claim

 

ellie

[Phonesurgeon]

UPDATE

FD has filed a defence and to my knowledge denied i was entitled to anything and.... thats it... no explanation why...

Anyway i received the AQ and tommorow will be filed at my local court.

 

QUESTION TIME:

on the draft order for direction i am a bit unclear on claimants point c) and d).

 

Can anyone please offer advice?

[Phonesurgeon]

UPDATE

My claim has now been moved from Harrogate to the Leeds County Court as there is 2 judges that bulk and double book all the penalty charges cases. My local court sent me a letter advising me of the change.

FD house is still silent.

[Guest ian cognito]

This seems to be taking an awfully long time, have you tried contacting FD about your claim, I think we started at a similar time and my claim was paid out a month or so ago, although I have to admit, I did accept a slightly lower amount than my claim to get it over with.

 

My son currently has a claim going with HSBC on which they approved a refund on 12th June and as of today he still hadn't received any money off them, despite the court only giving them to 29th June to negotiate a settlement. He phoned them today and they apologised as it had been overlooked and said they would refund his account by tomorrow so we shall see.

 

If I were you, I would try giving them a ring just in case, I doubt they will be wanting to appear in court and you may be able to give them a gentle nudge in the right direction.

 

Good luck!

[Fox Mulder]

Don't accept it. If you're confident with your figures, be prepared to go on and get everything that is rightfully yours. Best of luck, not that you need luck - you need patience more than anything!

 

FD has been appalling in its treatment of me down the years; I am disinclined to settle for less than the monies owed to me and it's incredibly empowering to take them on knowing that if you work out your case well, the law is on your side.

[Phonesurgeon]

UPDATE:

My court case has been transferred to leeds mercantile court and i ve received a case management form... notification sent by the leeds court 18th July 2007.

Case management to be heard on 04/10/2007. Sent a letter to solicitors to try and settle before that... haven't heard... i gave them till the 03/08.

Now what to do?

Anyone help please...feeling a lot uneasy...

[smartellie]

UPDATE:

My court case has been transferred to leeds mercantile court and i ve received a case management form... notification sent by the leeds court 18th July 2007.

Case management to be heard on 04/10/2007. Sent a letter to solicitors to try and settle before that... haven't heard... i gave them till the 03/08.

Now what to do?

Anyone help please...feeling a lot uneasy...

 

 

hi phone surgeon

 

don't panic, it does seem to be dragging on an awful long time, its looks from what you have put on the thread that it is not a trial but case managment, from what i have read of other threads with the leeds cases is that they have put a lot together and may be trying to deal with them as a job lot; other point could be, are you trying to claim contractual interest ? and it is a prehearing on that particular aspect as to whether it can proceed; its a bit difficult to determine; if i were you i would pop over to the other threads on allocation questionnaires new strategy and ask GaryH one of the mods for his advice, he is very helpful and spot on.

 

good luck

 

eliie

[Phonesurgeon]

Hi smartellie thanks for the support words.

As i understand this is just a case management where (i think) the judge will give directions on how the case should proceed.

[Phonesurgeon]

HI peoples

Just been on the phone with the helpdesk at the Leeds Mercantile Court and i ve been told that DG solicitors have not filed their Allocation Questionnaire.

The last date to be filed was 4th June 2007... some 8 weeks ago!

In the meantime my case has been allocated a Case Management date...

What to do next?

Any ideas appreciated.

 

I was thinking about ask the judge to strike out their defense...

If so how do i go about it?

[Phonesurgeon]

A little bit of an Update.

On 4th October 07 my case was stayed at the mercantile courts,

and from the papers that i ve got, its stayed till 31 Dec 08.

A year and a bit later still FD solicitors won't budge.

[Phonesurgeon]

Another update

 

It has now been more than 2 years and my claim against FD is still pending.

2 yeras+ at £1.26 per day(8% stat interest)surely interest alone is mouning up at the same amount of claim....

 

Oh well go figure this lot!

[fernack]

Cant wait til next week ... wonder what will happen?

[Phonesurgeon]

On 23rd we all gonna know the decision of the House of Lords(Law Lords) regarding the permission for the bank to appeal the high court judgement.

What i wannaknow is... when in blooming season this stay will be lifted?

 

DG solicitor aren't shifting and it is looking very much like they will "actually defend" the claim.