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Eldest v. FD ###won###


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Claim started back in February with SAR to FD. Usual experience with letter of acknowledgement and return of £10 fee followed about 10 days later by statements.

 

Worked out the charges to be over £700 plus a further £30 interest using the complex spreadsheet. Letter sent off to ask for all this back. Acknowledgement letter received today saying they will reply within 10 days.

 

On the way now.

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IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Good luck mate

 

Dub

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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  • 2 weeks later...

Have had the following response:-

 

WITHOUT PREJUDICE

Dear xxxxxxx

Thank you for your letter dated xxxxxxxxx requesting a refund of £xxxxxxxxx bank charges.

In circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or to exceed an agreed overdraft limit, we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly set out in our published tariff. The circumstances in which the fee will apply are clearly set out in our Account Terms and Conditions, a copy of which was provided to you when you opened your account. We are confident of our position and believe that if your claim for a refund proceeded to Court, we would successfully resist any legal challenge in relation to these fees.

first direct is, however, mindful of the management time and irrecoverable legal costs we may incur in relation to such a claim. For those commercial reasons alone, and without any admission of liability whatsoever, first direct is prepared to make a payment to you in the sum of £xxxxx, in full and final settlement of this matter, which I believe is a fair and reasonable offer. As debit interest is always payable on borrowed funds, I am not prepared to review this.

I will, however, waive further fees of £xxxxxxx which are currently accruing on your account.

To accept our proposal please sign and return the enclosed declaration to us in the prepaid envelope provided and we will arrange for a refund to be made to you. This offer will remain in place for 10 working days.

However, should you wish to escalate your concerns to the next stage, you may write to Robert Kernaghan, Customer Relations Manager, at the above address. If we do not hear from you within the next eight weeks, we will consider the matter closed.

Complaints we cannot resolve may ultimately be referred to the Financial Ombudsman Service, further details of which can be found in our 'listening to your comments' leaflet.

Yours sincerely

 

Customer Relations

 

The offer is about 82% of the claim including the interest or 85% without the interest. They seem to have missed the point on the interest in that the schedule only showed the proportion of interest that was attributable to the charges and not the interest on the "borrowed amount".

 

Letter states "Without Prejudice". The enclosed declaration states that the original must be returned and any amendments will declare it to be null and void. There is no confidentiality clause so if accepted the original will be OK. If we do accept there will be a covering letter detailing exactly the circumstances in which it is being accepted, ie for the period claimed for so as not to prejudice any future claims.

 

Not sure yet whether to accept.

 

 

Any thoughts.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Sent rejection letter on Monday and clarified the our position on interest in that we were only claiming for that in respect of their charges. Received offer today for full amount without the interest of £30. Acceptance going off tomorrow. Not worth arguing the £30. Would be disproportionate use of time and effort.

 

Cheers all.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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Full amount now credited to account. Eldest is now a happy bunny.

_______________________________________________________________________________________________________

IANAL - Opinions offered are just my personal views and are not guaranteed to be correct. I have been known to be wrong (once or twice).

Claims in progress against:

Eldest - First Direct - Part Offer received - http://www.consumeractiongroup.co.uk/forum/first-direct/79619-eldest-fd.html

Eldest - Halifax - Cheque Received Full amount - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/66254-here-we-go-eldest.html

Youngest - Halifax x 3 - Request for refund sent - http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/79617-youngest-halifax.html

Eldest - unnamed Mortgage Provider for Charges and incorrect maths.

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  • 1 month later...

great news... thread duly moved! :-D

 

 

HSBC WON three times!!!!! Read about my continuing battle (claim FOUR!) Link HERE

Capital One WON Link

HERE

GE capital (5 accounts) WON link HERE

Lloyds bank account WON second claim starting! link HERE

Budget insurance cough up WON link HERE

Principles WON link HERE

A&L (Mrs Crusher's account) claim link HERE

Barclays claim link HERE

 

Any advice given is on an informal basis only and without prejudice or liability. In in any doubt, consult a qualified lawyer.

IF YOU HAVE GOT YOUR MONEY BACK, PUT SOME BACK INTO THE SITE TO HELP KEEP IT OPEN!

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