Some advice please 1st direct

[rob munro]

Hello all

 

I posted this in General but with no success, then i found this little 1st dierct place, so maybe this is the best place for me.

 

Like a lot of people on here I wrote to my bank (1st direct) asking for a full refund of from overdraft charges. Most of my crazy period happened while at art school some years back, when I went way over my limit.

I calculated they owed me £1152.50 I got a reply yesterday; they worked it out at £1184 which is fair enough.

 

Now they went on to say the following –

 

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 payable for this service provided by the bank, details of which 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.

 

 

Sorry if that was long-winded, the next paragraph was about being mindful of management time and legal costs and are offering me £917 back that's £162 short of the full amount. The thing is this, would they actually win in court, I mean if their charges are illegal then surely they wouldn’t stand a chance. And if they’re prepared to give me back £917 why can’t they give me back the whole amount owed?

Are they just covering they’re rear-ends and sabre rattling at me and what would happen if I wrote back asking for the full amount, could they turn round and say deals off and I end up with nothing?

 

Who else here has received this kind of letter and what should my next step be?

 

Also I have to reply within 10 working days, now does it mean if I reply asking for the full amount and it goes over those 10 days they can turn round and say “sorry your times run out”

 

 

Thank you for your time

 

rob

[Kitty63]

Hi I had the same sent a reply back stating that I wanted a full refund with sentences from lba letter givining them an additional 14 days they received it on Sat gone, have just received offer for full amount today.

Stick with it.

[rob munro]

Hi I had the same sent a reply back stating that I wanted a full refund with sentences from lba letter givining them an additional 14 days they received it on Sat gone, have just received offer for full amount today.

Stick with it.

 

 

Hi Kitty

 

What's a lba letter, I'll try for the full amount my only fear is that they will wait out the 10 working days and say the deals off, that my time limit was up.

[dar£n]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/92-3-letter-before-action.html

 

LBA Letter Before Action.

 

This is saying your not happy with their explaination pay up now or face me in court.

If it goes to filing at court your amount claimed will then have interest added along with all court costs.

[rob munro]

Thank you dar£n

 

Do you think i should worry about this ten day deadline?

[neilp73]

I have had the exact same letter today offering me £879, my claim was £1050 + £400 interest! I have already sent lba as the 14 days was up, letter sent the same day i sent lba so they made offer before recieving lba! I want to get the full amount but as above i don't want to risk getting nothing when i could have had £879! How do i word the letter rejecting this offer after already sending the lba? Any advice would be very welcome!

[rob munro]

Hi Neilp73

I know the feeling its like their daring and threating us at the same time, very neat!

Below is a response letter I've written today, I've not sent it because i want the same advice as you before doing so.

Response to settlement offer

Dear 1st Direct

Thank you for your reply in regards to the unlawful bank charges, I can’t accept this offer as a Full and Final offer, as part settlement yes but not full and final. You’ve offered me £917 that’s £162 short from the full amount you owe me which is £1079 so please repay me the proper amount; you wont go bust doing so, the payment of the full amount owed is the only fair and reasonable offer there is.

I look forward to a very speedy reply, with seven days, of receiving this letter. Plus this ten working days time limit, no offence but this is on my timetable, not yours! I except that to be cancelled, thank you.

As I say I will accept the sum of £917 offered, (you can credit it straight into my account?) but only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary, Which will include the 8% interest added, I don’t think either of us really want to go that far.

[dar£n]

Theyre simply trying to pressure you into accepting their pathetic offer.

 

forget their deadlines, youre running this claim not them its your deadlines that matter not theirs.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/25716-rejecting-offers.html

[neilp73]

I am going to reject the offer and i am asking for interest as well! Do you think this will stop them making a second offer and force me to the court claim? Would have a better chance of getting a full offer without the interest?

 

The interest is roughly £500, the charges are £1050!