Recall Charges - Can They Be claimed??

[Tiffla]

Hi, People.

Still very new to this site although i am about to file my MCOL against FD.

 

The story so far

 

Received my statements, no problems at all (and free).

 

Sent my first letter requesting my money back (£2,000+).

 

FD offered me £600+ also saying that they are not prepared to consider claims for unpaid direct debits.

 

Sent off my LBA asking for the full amount but gave them the option of settling quickly for £1800.

 

After looking at my statements again, i realised that i hadn't claimed for any "overdraft fees", only the "excess overdraft fees" and "recalled s/o - d/d".

 

So, i wrote again asking for the higher amount of just under £3000 but again offered to settle quickly for £2800.

 

They replied to this by offering me £1400+ and still maintained that they do not look to refund recall fees. (this is almost half of my claim).

 

I wrote Mr. Kenaghan and accepted thier offer only as part payment, but i would be persuing the remainder through the courts and informed them that i would be filing my MCOL on 23rd of this month (today).

 

To my surprise this morning, i received yet another offer from FD for £1680+ which is a full refund of all my overdraft fees. But they still maintain that they do not review recall fees.

 

As my fingers are twitching over the MCOL site, i just wondered if anyone else has been fobbed off with this refusal to repay recall fees?

 

Shall i just go for it and claim the lot through the courts?

 

Any advice would be a great help.

 

Will keep you all posted!!!

[dubliner10]

Hi Tiffa,

 

I filed my MCOL last week. FD gave me the same line about DD recall fees, and I decided to got the whole hog. The way I figure it is it can't cost them £37.50 per failed direct debit, therefore the charge is unlawful.

They made me two offers which weren't even 50% of my claim, now I've added 8% to my claim, and instead of them being able to settle for £3000, it's nearer £5000!

 

Stick with it

 

Dub

[Icklem]

Keep going Tiffla....you'll get it all back!

[Tiffla]

Thanks for the feedback guys....

 

I'll be filing my MCOL before midnight tonight. (that's if i don't get dragged down the pub!).

 

Will keep everyone posted as it happens.

[fumingmad]

Can i just clarify something please? Can you reclaim Overdraft fees?? or is it just excess OD Fees?

 

Many thanks

[harvest]

Both - at least that's what the advice seems to be on here and that's what I've claimed.

[Vickicb]

I was fobbed off twice with lower offers and the "not prepared to refund recall fees" argument, but in the end I sent them a letter saying I was going to pursue the full amount and they had 7 days to respond and avoid a court case. They paid up within 4 days.

[Tiffla]

Filed my claim at MCOL yesterday and claimed for the whole lot. With interest and court costs the total is just over £3,700.

Just a case of waiting to see how FD respond now.

Will keep you all posted.

[harvest]

Good luck Tiffla. Hope they see sense before the filing a defence deadline. You seem to be at one of the crucial stages now so keep us posted.

 

best wishes

[glad]

Hi,

I have just received the same reply from First Direct saying that thay will not pay recall charges and my claim is for £3308- the recall charges make up £1200 of that.I did't know what to do as the letter said that I wasn't entitled to these and therefore they would only offer £1700 I'm glad to see that I can reclaim them and will reply saying that. Let's hope they pay the full amount.Do I now just send a reply saying that the recall charges are unlawful and request they pay the full amount or I'll start court proceedings?:?

[Tiffla]

Hi, Glad.

I didn't even mention anything about them being unlawful in my letters, i just detailed them in my long list of charges.

At the end of the day, a £37.50 charge for a failed direct debit is unlawful - so i want it back!!

Same as you, my recall charges make up almost half of my claim.

I completely took no notice of them saying that they didn't look to refund these charges, so i just carried on with my MCOL.

Just for the record, FD have acknowledged my claim (monday) so i'll just be sitting tight until they decide to defend - which i can only assume they'll do. No doubt they're just waiting until the last minute again.

Best of luck Glad, stick to your guns and don't let the to$$ers get you down!!

[Tiffla]

Forgot to ask, Glad...

Have FD made you an offer seeing as they've wrote to you?

[glad]

Hi

Yes they made an offer of £1700 and stated that recall fees were not under review. Claiming for £3308 -recall fees £1200.

[Tiffla]

Glad, if i were you i would just proceed with your next letter (should be the LBA) for the full £3308.

 

 

On a different note.....

 

Just received from Northampton Court, the Notice of Acknowlegment and a copy of FD's response pack.

 

Usual stuff - DG Solicitors intend to defend all of my claim against FD.

 

So, lets see what drops through the door between now and the 2nd April.

[glad]

Good luck.

[zoett]

Hi - Ive just come on to ask about the same problem, My claim was for £3,500+ and Ive had the letter today saying they are not prepared to review recall fees (37.50) of which more than half make up my claim, they have offered £1650.00. Reading your replies Im guessing I should refuse to accept saying I want the recall fees back too and carry on with the claim?

Any advice very gratefully received - Zoe x

[Tiffla]

Hi, Zoe.

The best bet would be to accept their offer on the clear understanding that you will take them to court for the remainder.

Maybe FD are refusing to refund the recalled DD's because it's a nice little earner for them?

 

Best of luck.

[zoett]

Hi - thanks so much for your advice - could you point me in the right direction for the correct format letter to send back please? (I know, I know - Im easily confused!!).

Thanks

[Tiffla]

Hi, Zoe.

 

Take a look at this link, the template letter is the one i used.

 

www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[zoett]

what a star - thanks. I will post it off tomorrow. Wish me luck

[Tiffla]

Good luck!!!!

[Tiffla]

Good Luck!!!!

[Tiffla]

So..... FD have until Mondy to submit their defence.

 

No post this morning, so i wonder if i'll receive my AQ within the next few days?

[zoett]

Hoorah - your good luck wishes worked. We have been offered £3150 for the sole account and the total amount on the other 2 accounts too (a couple of hundred).

 

Thanks xxxxxxxxx

[Tiffla]

Well done, Zoe.

 

Best wishes - spend it wisely;)