TH v First Direct

[Talking Heads]

Received a notice from the Banks solicitors that they were going to contest the claim, that was dated 9 March so the 28 days are coming to an end I think tomorrow, no correspondance since, expected something to day but again nothing.

 

A bit nervous as to where that leaves me, this court stuff is a mine field, has anyone any experience on what happens next! would appreciate some feed back. ;-)

[givememymoney]

One of two things are likely to happen next either you will get an allocation questionaire to fill in. Or as seems to be happening more and more the judge will dispense with the AQ and go straight to setting a court date. I wouldn't worry about appearing in court just yet to date no one has had to and there is no reason to think that the banks will change policy at the moment.

[Talking Heads]

Thank you for that, will have to sit tight, still nothing and now over the 28 days. :?

[Talking Heads]

The 28 days are well and truly up, still nothing from FD!

 

Anything I can do!

[givememymoney]

Did you file using MCOL if so then you should click the button to ask for a judgement.

[Talking Heads]

I lodged my claim in the local county court. is there a track I can follow!

[givememymoney]

I would give the court a call and ask them what the next step is most likely will be to fill out an N227 form to request a judgement by default.

[Talking Heads]

Received a notice from the CC advising the defendant have filed a defence, I have the allocation questionnaire.

 

The form from ther CC refers to the terms imposed by the bank as being reasonable and that the bank is entitled to a charge for its services, they deny that the charges amount to penalties and deny that I have a right to a refund.

 

Really not sure if I will get anything from this, I have looked through the forum and while most people have to go through the motion they appear to get at lease an offer, the only thing I have got is an offer of mediation, has anyone else experienced this!

 

I would appreciate some comments please.

[givememymoney]

Part of the problem in making these claims is that there is no pattern as to what the bank will do. Sometimes they make a full offer after the prelim and sometimes it is not until they are just about to go to court. What we do know is that they do make an offer eventually.

[mohamed]

we're not quite at your stage yet, but not far behind you. We have filed claim and are waiting for FD to submit their defence. Like you we didn't get any sort of offer. FD seem to be prepared to follow through with us. I'll be following your experience with interest.

[Talking Heads]

Hi Mohamed, like you I was concerned that the bank would go all the way with my claim, I started another thread which is about 5 threds below this one and basically was reassured that the bank are doing this with most claims, I have filed my AQ and now wait for a court date.

 

Good luck.

[cookiecrumble2004]

Hi. I'm at the same stage as you. Filed my AQ today and now waiting for a court date. I will be sending a nudge letter to DG solicitors, but I think FD will keep us waiting until the day before the court day before making an offer of the full amount.

[mohamed]

Watchdog yesterday was very uncomplimentary about the banks - ran through a whole gamut of issues using examples of people who'd asked for their statements in order to request refunds of their bank charges to highlights how banks are failing to protect customer's personal data.

 

back to FD - I wonder if their tactics are anything to do with the amount we are claiming. We are asking for £5000. anyone out there asking for anything similar.

[Talking Heads]

Watchdog yesterday was very uncomplimentary about the banks - ran through a whole gamut of issues using examples of people who'd asked for their statements in order to request refunds of their bank charges to highlights how banks are failing to protect customer's personal data.

 

back to FD - I wonder if their tactics are anything to do with the amount we are claiming. We are asking for £5000. anyone out there asking for anything similar.

It would seem that they are treating the larger claims differently to the smaller ones which does not make sense as the SI and costs mounts up much quicker, would they be better off settling as early as possible!

[Landy]

I am claiming a similar amount, they made two offers before submitting my N1, they are defending the claim and have gone silent.

Submitted my allocation questionnaire on 2nd May using the new strategy, now waiting for the court date, hoping the judge will go for the new ‘draft for directions’. I think reading the other post they do treat larger amounts differently

 

Landy

[mohamed]

i'm puzzled by how different their tactics are in each case. We have had no offer at all!!!

 

i've also just been reading the dubliner10 v fd thread and see offers were made by FD in that case also.

 

Is their any rhyme or reason to this that we should know about. Anyone else not been made an offer by FD.

[lulan7]

Hi,

All I have had so far is "not a chance" but not in so many words!

I have another week before I file at the court but I'm not expecting to hear anything. My claim is a similar amount to yours - just under 5k.

L

[28bagk]

Hi, my claim is a little over £3.5k and I too have had no offer at all following the LBA. I should now be doing MCOL, but need to save a few ££££'s before I can do it.

 

I don't bank with them anymore so am wondering if this has any reflection on the tactics. What about you?

[mohamed]

we don't bank with them anymore either.

[Talking Heads]

Waiting for a court date or some acknowledgement that FD's solicitors are doing something other than letting people stew. Have to admit I am nervous about what may happen, do not really want to go to court if at all possible but will if I have to.

[lulan7]

Don't worry TH, we are all behind you

 

I received my Notice of Issue from the court today, FD have until 9th June to reply but I'm not holding out much hope!

 

L

[Gensha]

I am after 3,900 from First Direct, They sent me two 'get lost' lettersso I filed with MCOL and FD acknowledged the claim. They have until 29th May to file a defence. I wrote to FD asking if they wanted to settle and I have a message on my answerphone from the Bank which says something along the lines of, "Now you have gone to Court we can't make you an offer unfortunately, you have to wait to hear from our solicitors. We can't keep up with the number of claims". I think the 'random' response is about the number of claims that are flooding in, rather than any pre determined pattern. I will let you know how I get on.....

[Talking Heads]

Received a letter from the County Court today advising that unless the defendant file their completed AQ by the 31 May 2007 the defence and any counter claim will be struck out!

 

Does that mean my claim would be successful by default!

 

Anyone else get this.

[smartellie]

Received a letter from the County Court today advising that unless the defendant file their completed AQ by the 31 May 2007 the defence and any counter claim will be struck out!

 

Does that mean my claim would be successful by default!

 

Anyone else get this.

 

hi TH,

 

please don't get your hopes up i believe it is a standard response from reading some of the other threads, i have seen some threads where the banks have been late with submitting the AQ and they have got away with it as the courts are so inundated, my local court is several weeks behind with responding to its post. If they don't submit by the 31/5 ne quick and contact the court and apply for judgement in default and see if they will grant it, fingers, legs, toes and everything crossed for you!!!!

 

If they don't you need to prepare for the next stage and a good thread (if you haven't seen it already) for you to read is Allocation Questionnaires a new strategy, its very long so allocate (sorry no pun intended) a few hours. I am at the same stage as you, my claim is just of £10K against FD with stat interest. I have submitted my AQ with directions to the court now just waiting for a date. I have an application to vary the amount of the claim due to a maths error (was never my strong point) up before the judge so it might move things along. Their solicitors DG just seem to file just in time at the last moment. Let us all know how you get on as the deadline is up this Thursday

 

regards

 

Ellie

[Talking Heads]

Smsrtville, thank you for the informative reply, much appreciated, will update on the 31/05.