Bigdess v First Trust

[bally35]

Put in as much information as you think is relevant.It may not be necessary to include all your correspondance, since the FOS willask bank for this, which the have to forward pretty quickly (FOS take a dim view if they wait to deadline, like they do with us).

Enclose things like tand c where you can get them identified as penalty fees (prior to 29/05/2007).I have also forwarded the fee structure for AIB in Eire where fees are lot less than here (a lot lot less).

The First Trust cant argue that these cos6t less to process "in the south", than here since good business practice would then dictate that processing would take place there (get my drift).

I believe that the difference there is that the Irish Financial Regulator has set a maximum price on chages.M(AIb scandal a few years ago with foreign exchange and National Irish Bank Northern counterpart).

Your complaint should go along the lines of the prelim letter.

The FOS however dpo not expect us to be solicitors, and will not expect us to have the same communication skills as the banks.

We are after all, only poor hapless consumers that have been in the unfortunate position of having unlawful penalty charges taken from us by those ,whom we believed operated within the law and our best interests.

[lickthewallfatboy]

.I have also forwarded the fee structure for AIB in Eire where fees are lot less than here (a lot lot less).

The First Trust cant argue that these cos6t less to process "in the south", than here since good business practice would then dictate that processing would take place there (get my drift).

 

 

whatever you do,DO NOT rely on this if you actually reach court.....

 

 

been there,done that,didn't count for s**t.....

[bally35]

No, I wouldnt rely on it as being the most important thing, but as part of the argument to make the case stronger.

I have original t and c's, with referral, letters etc being titled "penalty fees", if anyone needs a copy (sorry no scanner).

[bally35]

Had letter from FOS, last week which now has reached adjudicator and will now go to formal investigation.

The Fos have said that they will have decision by 12.07.07.

Benn up home at lunchtime and still no correspondance from First Trust (re offer "goodwill payment" which I belive every other bank offers once a formal investigation by FOS is started).

Should I contact First Trust to say that I will be on holiday from 29/06/07, should they wish to resolve the matter?

[maryspecial]

ok folks - got the form filled in - this is what i've put into the 'any other details' section - let me know what you think. i didnt want to go on too much cos i think they get the point but if you think i should include anything else let me know. i filled the rest of it in according to the advice in moneysavingexperts template - all pretty standard stuff so not putting it on here. here goes:

 

'I do not believe that I have been treated fairly by the First Trust Bank. At a time when I was experiencing financial difficulties I felt that they were being helpful, however, I now feel that rather than imposing a charge proportionate to their costs, they were merely allowing a situation to escalate in order to charge extravagant penalty fees. Indeed First Trust Bank, prior to 29/05/2007 referred to such fees as "penalty Fees".

I do not understand how the bank can justify charges at the high rate I was charged. First Trust have simply rejected my complaint quoting their terms and conditions. They have made no attempt to respond to my claim that their charges did not reflect the true cost to them. For example, I enclose a copy of a bank statement (dated 03/02/2000) showing a referral fee £4.50 and another (dated 19/01/2001) where the referral fee had increased to £9.00 I fail to understand how the cost to them could double in less than 1 year. When we finally moved our account in 2005 the referral fee had increased to £14 - that is an increase of 311% in 5 years.

[maryspecial]

also bally 35 i'm not sure giving them a call will help - i called today to tell them of my intention to go to FOS but she didnt even want to take my name - didnt give a ........fiddlers!!!

[Mickeygee]

Just received my statements, 18 months missing because details 'are not held on relevant filing system and therefore have not been provided' CAN YOU BELIEVE IT???

[johnspeehs]

what a load of cobblers that is they must think we came up the Bann in a bubble. why do ft have to be such akward as--les they know damned fine that they must supply it under the DPA. write back and ask them what system they are held under and you will report them to the information comissioner for non compliance.

regards john.

[maryspecial]

cant believe it but ive a problem!! i cant find a copy of my schedule of charges and interest etc to include in my application to the FOS!!! i thought id saved it on computer or printed it out but that would be too sensible - i have everything else- any advice?? i either need to recalculate it all up to today etc or try and go back to get it to match the figure i asked first trust for originally and to be honest im gettin sick of it all - thats why im happy to let the FOS fight on my behalf!!!

[bally35]

Excellent Smithers!!!!

[maryspecial]

excellent who or what? excellent that i lost my schedule or excellent what i put in my form?

[Bigdess]

Mary

You do know what thought done ? Always a good idea to back up your data and or save on hard drive and or CD R. Does that mean your starting from scratch.

 

Bigdess

[maryspecial]

no way - not starting from scratch - i'll find it somewhere or go back and build it up again - i'll be able to do my own spreadsheet based on what i sent - see i may not be organised but i ll be able to get round it somehow!!! ps bigwisedess thanks for the support!!!!!!!

[bally35]

Hi Mary, Excellent (form info).If this is going to FOS, ye dont need the schedule of charges, as the bank has an obligation to retain all the information ythat you have sent to them vwith your "complaint"..The FOS will ask the bank to forward all this to them.

They are expected to keep things, we as consumers normally arent by the FOS.The most important thing to send them is a gopy ogf the final response letter

[Bigdess]

Received letter from FOS stating that they will be writing to AIB Group (UK) (FT) asking them to make an offer which meets the claim in full; or provide the FO with the information that he requires to reach a conclusion on the merits of your (my) claim. The letter then goes on to say that in almost all the charges complaints the FO has considered,banks have made offers to meet the claim,and it has not been necessary for the FO to issue any decisions yet.They will let me know as soon as AIB Group UK (FT) tells me whether it is prepared to settle my claim. The FO will explain the next steps when they have heard from the bank.If the FO has not heard from AIB Group (FT) within six weeks the FO will write to tell me.

 

Bigdess

[Bigdess]

Hi Mary

 

I have one big regret that I didn't take FT to Court.By going to the FO it means that I am losing out on the 8% judicial interest,also what put me of court (despite what has been said on these boards) is judges ruling in the banks favour ie Birmingham and other courts,you keep going and keep fighting.The letter I received this morning from the FO has been encouraging.I hope Mr T gets kicked out of DPK and moved to some backwater. I mentioned that little incident in April 2000 when filling out my form to the FOs office.Here'es hoping.

 

Bigdess

[bally35]

I was talking to Ombudsman Service yesterday, who also confirmed that they are "in negotations " with AIB recommendingr refunds.Apparently they have started the ball rolling with other banks, but AIB are being "somewhat reluctant".

[johnspeehs]

now theres a surprise the old FT being stubborn .lol when i first complained about my charges my manager wrote to me and stated "after perusal of your account i feel our charges are more than justified". Well after perusal of all the threads about FT and their cockups i think a refund is more than justified.lol.

regards john.

[maryspecial]

hi folks still havent posted my form to ombudsman - still a bit worried about not putting in the schedule of charges?? what do you all think? should i just put it in anyway and let them get it from the bank? well done bigdess that sounds really encouraging - hope im as lucky!!!! when did you put your form into them????

[Bigdess]

Hi Mary

 

I put the form into FOS first week of June also contacted E K Mcgrady MP and Jeffery Donaldson MP MLA.Mc Gradys office contacted me Monday requesting the form which was sent to the FOS he also took special note of that little meeting with Mr T in April 2000.With regards to your schedule of charges I think FT have to hand these over to the FOS if they request them and any other documents concerned with your claim.To be honest If I was in your position I would go over everything again before putting your form into the FOS.Should you have to spend a day at it,it would be worth it in the long run.My objective here is to get back what is owing to me and also to get back at Mr T. I can remember a certain manager in that bank in DPK when it was AIB they moved him to Urlingford in Co Killkenny that was a long time ago.He was moved because he was very sympathectic and understanding towards his customers he treated them with respect.

 

Bigdess

[madjj111]

hi - guys

iv'e been through the stages that bring me to referring the case to the FO - got a reply there are very busy - but fingers crossed the sort it -

 

i'm looking 3,300 back - i'll keep u posted - can i ask you do the same -

 

bigdess - your reply from the FO looks very promising - i really hope you get it all back mate-

 

how long from when you sent your latter did it take to get that reply

[Bigdess]

About four weeks,I didn't wait on FTs final response because I knew what their position would be.SFA

 

Bigdess

[madjj111]

thanks Bigdess -

 

i have been reading your story from the start - i would say the trouble you have had with first trust is similar to alot of us - i have been called into a private room be them and scorned out for living beyond my means and basically received terrible cust service - ironically - i am glad i have stayed with them because it just means i can now claim back even more few than i wud have if i ahd moved. They got me a a bad time in my life - basically on my knee's and revelled in apllying charges - rejecting direct debits and charging me for the rejections , a lot of times the charges were higher than the direct debits.

 

this used to be the bank that likes to say YES,

 

hopefully were are the ones shouting yessssssssssssssss!!!! now

 

good luck

[Bigdess]

Just contacted McGradys office, case is been supported, he has been in contact with FT Belfast and DPK. Was in FT this afternoon paying Visa girl advised not to pay giro in bank cause it cost £7.00 per giro.First time this has happened.Things are looking up maybe solved by end of mouth.

 

Bigdess

[bally35]

Big Dess was it FT Visa?

Should be no charge, and yes it used to be a fiver for apying all othe credit transfers to "other credit card"

Cheaper to post it any way!!1