Peaches' mum V First Direct

[peaches' mum]

Hi All

 

Got my 6yrs worth of statments and am slowly going through them, has anyone just claimed the charges +8%? Im still confused on all these interest rates I can claim back from them...

[peaches' mum]

Another question! As Im going through my statments Im noticing 'overdraft fee' £37.50 from 2001 - does anyone else have this? Is it an agreed overdraft fee therefore unreclaimable? Or is it a going over the overdraft limit and therefore reclaimable?

[Stornoway]

you can claim the charges and the interest you have paid on those charges since they have been taken from you. Some people are also charging "contractual interest" on the principle that the bank has had use of your money so you should be able to charge them interest for this however contractual interest is not straight forward. If the claim goes to court then you charge statutory interest of 8% (but you cant charge statutory interest and contractual interest - its one or the other).

[peaches' mum]

Thanks for that Stornoway, at the mo Im just putting all my charges onto a list and will then see if I can get my head around contractual interest... Have another question, do you know whether you can add an 'EFT Inter-Bank' charge (in my case £20) to the reclaimable charges? FD have told me this is what they charged me for same day transferring money into an estate agent's bank account!

[Stornoway]

No the EFT charge is also known as a CHAPS charge - its not a penalty charge its a charge for a service provided so you cant claim it.

[Stornoway]

i claimed contractual interest successfully from mbna and teh settled before court but first direct are telling me they dont pay any interest at all so a contractual claim might be hard work with them. Good luck with the claim.

[peaches' mum]

Thanks for that info, will delete eft charges, can I add on Status Enquiry charges? (havent a clue what they are!)

[peaches' mum]

Does anyone know if you can claim the following:

status enquiry £10.50

priority payment £17

unpaid cheque £82.26

unpaid cheque £736

renewal fee £15

 

 

[Stornoway]

Does anyone know if you can claim the following:

status enquiry £10.50

priority payment £17

unpaid cheque £82.26

unpaid cheque £736

renewal fee £15

 

 

i think status enquiry is where someone has asked the bank for a reference on you and as this is a service you cant claim it. Unpaid cheque is a cheque that someone has given you which has bounced so again cant be claimed. Dont know what a priority payment is. Renewal fee cant be claimed either as it isnt a penalty charge.

[peaches' mum]

Hiya

 

You are right on status enquiry - cant add it on, nor the priority payment

 

Will take off the unpaid cheques - wonder if they charged me for that?

 

Renewal fee is for increasing my overdraft - shall I add it on?

 

Thanks!

[Stornoway]

I dont think you are normally charged for a bounced cheque lodged to your account. The renewal fee is not a penalty so cant be claimed. Cheers

[peaches' mum]

Hi

 

Have finally received a letter from 1st Direct, They say: "I note that you have included Recall and Unpaid item fees in your total, we do not look to review these fees. In the circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or to exceed an angreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details are published in our tariff. We are confident of our position & believe that if your claim for a refund proceeded to court, we would successfully resist any legal challenge in relation to these fees.

 

So we are going to offer you £1005 in full & final settlement".

 

I have 10 days from 20 March to say yes.

 

My full claim to them is £2099 (with no 8% or any other %s added).

 

What should I do next?

:confused: :confused:

[Tiffla]

Hi, Peaches’ Mum.

 

I was in exactly the same position as you. FD have offered me three different ‘full and final settlements’. In each case they have said that they do not look to refund recall fees for non payments of DD’s.

 

At the end of the day, it does not cost FD £37.50 to not pay a DD.

 

Almost half of my claim (£3,700+) is made up of DD/SO recall fees, yet this penalty is totally reclaimable.

 

My advice (limited as it is), would be to write to them and accept their offer – but only on the clear understanding that you will persue them for the remainder of the claim through the courts.

 

FD only have about seven days left regarding my claim, after which I will win by default, unless I receive a copy of their defence (through DG solicitors).

 

I have claimed the full amount and this includes overdraft fees, excess overdraft fees and recall fees.

 

Stick to your guns and only accept the full amount. If you do add your interest on (if/when you file at court), you’ll see how much difference it make to the total claim.

 

Hope this helps, please keep us all posted.

[peaches' mum]

Hi Tiffla

 

Read your thread with great interest I have a letter ready to send to FD - refusal of part settlement letter would you mind looking over it?

 

Thanks

Peaches' mum

[Tiffla]

Of course i won't mind, but i'm no big expert:)

[peaches' mum]

Thanks for all your help guys & gals, letter was sent on 2nd April, gave them til 16th April to give me my money back or respond positively at the very least, otherwise MCOL here I come!

[givememymoney]

Go stick it to em Peaches

[peaches' mum]

IM SO EXCITED AND I JUST CANT HIDE IT, IM ABOUT TO LOSE CONTROL & I THINK I LIKE IT!!!! 1st Direct responded immediately to my 'refusal of a partial offer' letter and they have offered me £2089 the full amount I'm reclaiming from them for the past 6 years!!!! HURRAHHHHHH!!!

 

Natrually I will be gracious enough to accept their 'kind' offer, so will be signing their 'I accept the sum of £2089.00 in full & final settlement of my complaint against the bank & understand the funds will be credited to the above numbered account' letter ASAP. However no idea is given of when the funds will be credited to my account, I now feel like being cheeky and giving them a deadline!

 

THANK YOU for all of your help, a donation will be on its way to the site once the £ is cleared...

 

THANK YOU

 

:) :D ;)

[trust393]

Well done peaches very happy for you.

I too have got an offer from FD for approx 85% of my claim. I can’t get too excited yet!

what “refusal letter” from the library did you use to reject your first offer also did you sign their “without Prejudice ” disclaimer on mine it says if it is altered in any way it becomes null and void..is that right?

again well done

[madhouse5]

Well done peaches, my LBA goes out on friday 13th. Hopefully good luck for me and bad luck for FD.

[peaches' mum]

Hi Guys & Gals

 

The £2089 hit my account Monday 16th April, HURRAHHHHH!!! Thank you for all your help, now I must get on with shouting at the other financial institutions!

 

Peaches' Mum - Peaches is very happy too by the way she now thinks Im going to buy her a Gucci collar!

[givememymoney]

Fantastic news peaches well done