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Lulan7 v FD


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Hi All,

I received my bank statements on Thursday from First Direct, 3 days before their 40 days was up!

I've started to go through them and noticed that one particular month they charged me an excess overdraft fee of £119 and also took £9.68 interest out of my account too.

Should I be claiming this back or just the overdraft fee?

Thanks in anticipation

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Mine is not quite that much £3.5k but I think they take longer for higher amounts and dont make early offers.

 

Keep posting updates though - good luck :-)

If at first you don't succeed, dig your heels in!!!!!!!!!!:D

 

First Direct - SAR 27/2/07 ; Statements received 30/3/07; Prelim sent 31/3/07

 

Barclaycard - SAR 27/2/07; Statements to '04 received

 

Hit List - Halifax; Lloyds TSB; M&S Credit Card

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  • 2 weeks later...

Hi all,

I received this letter today

 

First Direct does not agree with your contention that the charges which have been applied to your account are unlawful and are therefore unenforceable. The contract between the bank and its customer is governed by our terms and conditions. In respect of overdrafts, I would refer you specifically to Part 2: Operating your account, clause 6.9, which states:-

 

''If your account goes overdrawn without an agreed overdraft, or you go over an agreed overdraft limit, we will charge interest at our Unauthorised Overdraft Interest Rate on the amount of unauthorised borrowing. We will also charge you an Overdraft Fee for any statement month when the balance on your account exceeds your limit, whether for one day or more. An excess overdraft fee will also be charged for any day where there are subsequent increases in the excess or a reoccurrence of an excess during the statement month. Our Overdraft Fees are published in our Interest Rates and Charges Leaflet.''

 

Our fees and charges are clearly stated in our published Interest Rates and Charges leaflet and in the circumstances in which these charges apply are clearly set out in our terms and conditions which you will have been provided whith a copy of when you opened your account.

 

We are therefore unable to agree to your request. If you wish to escalate your concerns to the next stage, you can write to Robert Kernighan, Customer Relations Manager, at the above address.

 

If we do not hear from you within the next 8 weeks, we will consifer matters resolved.

 

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 Sincerley

 

Melanie Dyson

Customer Relations

 

I am planning to go ahead with my LBA on Friday but this letter has made me a bit nervous. :(

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Hi my LBA expires today (not heard a thing from them), cant decide whether to send them a nice email saying i will be filing at court next week unless a full offer is made, or to just file next week?

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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LBA posted 4th May 2007

I haven't heard anything yet but am sticking to my timetable. I gave them 14 days so have another week before filing my claim.

 

That's the bit I'm worried about, I'm not too hot at filling in forms!!

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Dont worry I filed using MCOL yesterday, was quite straight forward really. The info mentioned in the thread above is really helpful. Will keep you informed how things are going

GE MONEY- Settled 5/06/07

Capital One - Won 15/06/07

**Treat everyone as you would expect to be treated yourself**

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I went to the courts they were really helpful when filing the N1 no problem, FD did make me an offer of about half, after the N1 added a few hundred more. Didn’t acknowledge I have a legitimate claim against them but to save their costs etc etc….

 

Good luck Dave

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  • 2 weeks later...
  • 2 weeks later...

Hi All,

 

I've checked again today on Moneyclaim and FD have filed a Defence and it says that the case will be referred to my local court.

 

I was hoping that it wouldn't get this far but I have had no offers from them whatsoever - all I've had are 2 letters from them basically telling me to get lost!

 

Does this mean that I will definitely have to go to court?

 

L

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Hi All,

 

I've checked again today on Moneyclaim and FD have filed a Defence and it says that the case will be referred to my local court.

 

I was hoping that it wouldn't get this far but I have had no offers from them whatsoever - all I've had are 2 letters from them basically telling me to get lost!

 

Does this mean that I will definitely have to go to court?

 

L

 

They will settle when you get your court date..They dont want to stand up in court even more than you dont.

.

http://www.findmadeleine.com/

http://news.sky.com/skynews/madeleine

 

If I dont reply to a direct question please feel free to PM me.

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Hi Lulan

 

Don,t be concerned about going to court, just be prepared, the law in on your side! Have you recieved a copy of there defence yet? If you dont mind me asking, on what grounds are they defending your claim? It will be interesting to see what/if they will throw at me in another 14 days.

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Hi Joeyboo

 

I haven't heard anything further yet. I filed on MCOL, my claim was issued on 21st May and when I checked over the weekend I noticed that the status had changed to Defence. It just says that I cannot progress online and the case will be referred to my local court. I've been expecting to receive something in the post but nothing so far.

 

I'm not sure how long I should wait if I don't hear anything.....

 

L

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Hi Lulan I would wait until friday, that is a week after the defence filing date, i think, and call Northampton Bulk Centre to see if the case has been transferred to your local CC and where is your copy of their feeble defence. I await your case with interest, because I think they will head the same way with me, but are dragging their feet for another 14 days! Good luck

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