Phonesurgeon VS First Direct

[Phonesurgeon]

So here it goes...Sent my S.A.R.(subject access request) this morning recorded delivery(of course) with a £10 postal order(i don't have a cheque book) and, although i am claiming money that the bank ripped me out of, i can't hide the fact that i was very nervous.

Infact when i was filling in the details for recorded delivery, my heart was pounding in my throath and my hand was shaking uncontrollably, so much so that the nice lady at my local post office did that for me.

Anyway the news has sank in now and i feel confident. i have all the letters and the step by step....

At the same time my wife did the same with capital one card, but thats another story.....

will keep you posted

[Guest ian cognito]

Well done, it is a bit daunting at first but plenty of reading will soon boost your confidence.

 

I found them quite good with statements, came in about 2 weeks so you'll soon be totting up and sending off your prelim.

 

Good luck

[Phonesurgeon]

Thanks for the confidence boost. i have read all there were to read on this site and others, for now I am doing the waiting game. Will keep posting as news came about

[Phonesurgeon]

Received a letter from First Direct stating that they will oblige with my request and they will send all the statement and note via courier FREE OF CHARGE. They returned my postal order and stated that should i need more info/help gladly get in touch with them.

Of course i will be in touch with them when i total up all the charges.

Watch this space i will keep you posted.

[Phonesurgeon]

Hiya guys something strange has just happened and need your input on this one.

My FD account has been closed and i ve been dealing with DG Solicitors( i think they are the solicitors for hsbc) and through the Citizen Advice Beaureau debt management we agreed a token payment of £1 per month.

On the 12th february sent my S.A.R. to FD and today i received a letter from DG Solicitor sayin that the repaiment agreed on 16/11/06 has now expired and we require an increase in your payment.

Well I am heavily in debt and thats what i can afford. What should i do?

[Guest ian cognito]

I take it you haven't received your statements yet? Have you any idea how the amount of charges compares with the outstanding balance?

 

I would write to DG and tell them there is a dispute on the account and you will contact them further when it is resolved, refer them back to FD, in the meantime, continue paying as agreed.

[Phonesurgeon]

no i heven't received the statement yet and i owe them about £1450 more or less. In todays letter after making 2 payment totalling £6.00 the outstanding balance has been reduced at just under£1200. Strange.

ON a rough calculation thecharges applied to this specific account would amount at more or less £600+.

So what course of action should i take? I will continue paying the agreed token payment.

[Guest ian cognito]

Until you have settled the charges issue, i would tell them the account is in dispute, this will give you some time to decide what is the best way to deal with the debt, paying the charges off it will reduce it by half and you should be in a good position to negotiate repayment rates, you may be surprised when you get your statements at just how much you've paid in charges - many people are!

[Phonesurgeon]

Hiya everyone i ve just received the statement today.

Total debt to FD is £1289 and when i totted up all the charges totalled at a staggering £1278 and the nice guys at DG Solicitors are now hounding me.

I am at the stage to fill the spreadsheet. do i take them for the interest they added on the charges?

By the way i have found out i have 2 overdraft fee at £30 each and 2 excess overdraft fee of £119 in a single month.

[Phonesurgeon]

Posted today the preliminary letter. Amount claimed is £1186.50 in charges+£103.24 in interest on the charges. Total £1289.74.

The debt that i owe FD is £1289.45, would you believe that?

[dubliner10]

Phone, be calm.

We owe them over £4000, and I've filed an MCOL. They owe me more than I owe them now. Worse thing that can happen is that you end up owing them less than when you started when you win. Thing it through logically. They can hound you all they want, but even if they take you to court, the judge will only order you to pay what you can reasonably afford to, and if you have been already doing that, then tough nuts DG!

 

Good luck mate

 

Dub

[Phonesurgeon]

cool so there is light at the end of the tunnel. oh well for years i ve paid this charges and never questioned them

[Phonesurgeon]

Sent prelim letter on 01/03 recorded of course.

Received a standard reply today 07/03 saying it'll take them 10 days to investigate... errr no! on the 15/03 i will be sending the LBA.

Time is running out FD, i am not interested in your very nice and colorfull leaflets....

[Phonesurgeon]

no reply to the prelim letter, sent LBA today recorded of course...

 

 

 

 

 

 

[harvest]

At least your into the meaty part now Phonesurgeon

 

Perhaps they'll get the message and make you an early offer

[Phonesurgeon]

: Yes can i have my money back please?

 

well thanks harvest

i am not prepared to accept any less than the whole kit and caboodle. thry were keen in taking it an now i am keen in having it back.

 

 

 

 

 

 

 

 

 

 

[Bigmac versus]

YIP treat them as they have treated you over the years i say.

[Phonesurgeon]

FD received my LBA yesterday and if by magic today i ve received an offer of £1008 in full and final settlement over a claim of 1289.74.

Should i or shouldn't i accept it?

i am inclined in going full speed ahead and after the end of the month i will file at court.Any suggestion?

Maybe one of this might came handy

 

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[Tiffla]

Hi, Phonesurgeon.

 

If you're not in any rush for the money, i'd hold out and go all the way to get back the whole lot.

 

Best of luck.

[madhouse5]

Hi,

 

I would go for the whole lot, that's what they have unlawfully charged you. Go get em, we're right behind you.

 

Good luck

[Phonesurgeon]

YEEESSS SSSIIIRRRRRRR

 

 

 

 

 

 

 

 

 

 

 

 

[Bigmac versus]

Its not just the shortfall of £200 odd pounds when you get to court they need to pay the judicial iinterest also, so well worth waiting for id say.

[Phonesurgeon]

Bigmac thanks but to be honest i didn't think of that!

I am actually claiming contractual interest from FD and i didn't think to claim the judicial one as well as.

I don't want to show myself a little too greedy, you know what i mean?

[harvest]

Phonesurgeon

 

I could be wrong but I don't think you can claim both Contractual Interest AND Judicial (Statutory) Interest on top.

 

I think it must be one or the other. Look at Madzai & Lucid's thread in the Lloyds TSB Forum or do a search on their names - this came up in their thread.

 

As I understand it, interest is NOT automatic and if a case ever did get as far as court (with the banks in attendance) it would be up to the judge to award interest and even if you had applied for contractual interest he/she may say they will only award judicial interest.

 

However, this is only my understanding so double check this. I know where people have applied contractual interest to their claim and received it - the reason has been they were very close to their hearing and the banks paid out the contractual rate to avoid disclosing other info (charges basis) in court, not because they believe claims should include contractual interest.

 

Happy hunting.

[Phonesurgeon]

I am pretty happy claiming only the contactual interest.

Can i leave out the bit about the statutory interest out when filing the N1 form?