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Zipster V FD


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Started the process 14 Jan requesting 6 Yrs of statements. Received paper copies by courier 19 Jan. Wrote letter asking for charges of £4847.50 plus interest making a total of £5868.95 to be repaid in full. Got standard reply explaining charges were lawfull etc. Wrote back not happy threatened court action, reply saying sorry you are still disatified but still not paying up this is the bank's final response. Submitted MOL 22 Feb received acnowledgement that the bank intends to defend using DG solicitors Birmingham. Now just waiting for the 28 Days to pass. A couple of questions.

 

1) Any one else been this far?

2) The claim was filed in Northampton, is it all still processed online though? or will i have to turn up their. I live in Cornwall!!

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Hi, Zipste.

 

I'm only a few days behind you with my claim against FD.

 

Filed my MCOL on Monday, so i'll check it's status on Monday again.

 

As far as i'm aware (i'm no big expert), the next thing that will happen is you'll receive you Allocation Questionare.

 

It will be at this point that you'll be able to move to your local court.

 

Best of luck, keep us all posted.

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Hi Tiffla,

 

Thanks for the reply. Just been looking at the FAQ section and saw the various options available to FD. So, as you say i will probably get a Allocation Questionare. Also saw that the notices are all allocated from Northampton CC silly me. Apart from that, i will let the proceedure run its course. A bit daunting but fingers crossed hopefully turn out ok.

 

Will keep you posted. Likewise, let us know how you progress.

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Hi

 

I started filed my MCOL at the end of January against FD for £7800 inc interest, they acknowledged straight away and filed a defence, I

have just received the Allocation Questionaire and filled it in using

the guidance from this site, had to send another £100 to court but

I am confident I will get all of my money back, I just wonder why some

people seem to get there money back a lot quicker from FD.

 

Good look everyone.

 

I will keep you up dated.

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Hi djp 37,

 

When you filled out the Allocation Q, was it all done online or was it hard copy? also how long did it take to be presented with one of these after FD said it would defend the case?

 

Rgds

 

Z

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Hi Zipster

 

I filed my MCOL at the end of Jan, then FD acknowledged this 4th Feb

and filed a defence on the 20th Feb, received AQ in post on 2nd March,

this was a hard copy which I filed in using the information found on

this site.

 

I am sure all of this is just stalling tactics and trying to put you off

claiming, but you have got to stick with it as I am sure we will all

get our money back eventually !!

 

I have already had £2000 back from Cahoot and they also filed a

defence.

 

Best of luck.

 

DJP

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Hi DJB,

 

FD have till the 14th March to file a defense, which i fully expect them to do, i will then await the AQ. It seems to me that they are taking the max available time for each stage, maybe they are hoping that the FSO will rule and then offer us the difference. This should not effect our claims surely, as they are in the sytem already? Anyway, i hope that FD go all the way and try and justify their unjust charges!!

 

Rgds

 

Zipster

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Zipster if your MCOL was 22nd feb, allowing 5 days for service plus 28 days is march 29th? or have I misunderstood?

my claim was seved on the 7th feb, I received acknowledgment of defence and I haven't heard anything yet which seems bizarly strange!

Incidentally if no counterclaim is involved and you get an AQ it will be allocated to your local court.

Just to reiterate on steve_eoh What FSO ruling??

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Damjef,

 

sorry you are right 29 March is the date. I read it incorrectly on the notice of issue it stated that the defendant FD had until the 14 March to reply, which they have. With regard to the Financial Service Authority they are due to report on the whole issue of excessive bank charges and could tell the banks to reduce thier charges as they did to the credit card companies which is now set at a standard rate of £12, i believe. If they do this to the banks i read somewhere that they could then offer claimants the difference for each charge applied and settle that way. Does that make sense.

 

Rgds

 

Zipster

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Damjef,

 

sorry you are right 29 March is the date. I read it incorrectly on the notice of issue it stated that the defendant FD had until the 14 March to reply, which they have. With regard to the Financial Service Authority they are due to report on the whole issue of excessive bank charges and could tell the banks to reduce thier charges as they did to the credit card companies which is now set at a standard rate of £12, i believe. If they do this to the banks i read somewhere that they could then offer claimants the difference for each charge applied and settle that way. Does that make sense.

 

Rgds

 

Zipster

 

They can offer the difference if they want - doesn't mean you have to settle!

The charges will still be unlawful, and we will still have the right, therefore, to challenge them.

Any figure the OFT comes up will be arbitrary, unless someone actually sits down and works out exactly what the costs are - for a computer generated letter this is nowhere near £12. Opinions range from pence to a few pounds - no-one can really agree on the true cost.

So unless, and until, a case ends up in front of a judge and a bank proves how much it costs them to advise you that you have transgressed, we will have the right to say 'Oi, your charges are unlawful, we want them back - all of them!'. :cool:

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I totally agree younganfree.

The OFT are only making recommendations.

Even though the OFT did the same for credit cards last year, people are still claiming the full amount.

Even set at the maximum of £12, this is still quite a profit that the banks are making.

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Damjef,

 

Don't get me wrong, i am certain that i will get my money back. However, With FD you seem to have to go all the way before they settle. I suppose they are hoping for every successful claim against FD , many potential claimants, are put off one way or another by the whole procedure that we are now involved with.

 

Zipster

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  • 3 weeks later...

FdDhave just filed a defence today, (2 days before their deadline, i will now await the AQ, i have 19 days to get that back into the court, which is quite fortunate as i am out of the UK from tomorrow until the 11th April. The lady i spoke to at MCOL said that it would be dealt with my local court Penzance.

 

Zipster

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  • 3 weeks later...

A quick update, I arrived back from holiday yesterday. Found the AQ waiting, completed and took down to the local CC with my £100.00. (1 day before the deadline) They said the Judge would look at it next week and i should hear from them soon after that. Have had no correspondence from FD throughout the proceedure, fully expect this to go the distance and to turn up at court. For info the AQ was a N150 and I used the new format for the proposed directions.

 

Rgds

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  • 3 weeks later...

Everyone,

 

good news, The judge issued a 'Stay' on the claim until 17 May. Sent a letter to DG solicitors 30 April that i aquired from the AQ thread. Then out of the blue came a letter from DGS for a full and final settlement for the whole amount plus interest and court fee. FANTASTIC !! A couple of questions is there a template letter for acceptance with regards to confidentiality and one for the court to end that process?

 

rgds

 

Zipster

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