Joeyboo21 v First Direct

[Joeyboo21]

Hello all, just an update of where we are. Have done all the usual process, SAR/RFP/LBA and got stonewalled each time, have now filed on MCOL, did it on Friday 18/05, and have received a letter form the court this morning telling me the claim will be considered served on 26/05 and they have until 09/06 to react.... So watch this space! Next up Capital One and Halifax.

[lulan7]

Hi Joeyboo21,

 

Seems like we are in the same position. Mt claim was issued on 21st May and FD have until 9th June to reply. Let's see what happens shall we?!

 

L

[Gensha]

I am a bit ahead of you both. Forst Direct have until 29th May 2007 to file a defense....it's getting scary now!

[Joeyboo21]

Hi guys, have checked MCOL this morning to find out that FD filed an acknowledgement on 1st June. So lets see whats next. Having just read the MCOL particulars of claim info from the Lulan v FD thread, my particulars were fairly brief given the 24/1080 limitations, and having 2 accounts with them. Does anyone think that I should flesh out my particulars and send a copy of the charges list, I believe that I have 14 days to do this from the date of service, if I require it. By the way for anyone that is going down the court route, I have loaned a book on the small claims procedure from my library called "A practical guide to the small claims court" by George Applebey 2nd Edition, which I have found enlightening. It explains all the options/forms and procedures in detail and has sections on preping for the hearing and at the hearing, if you should get that far!

[Joeyboo21]

Hello, anyones help would be appreciated! Just as an enlightenment here is my original particulars as filed on MCOL:

 

Unfair and illegal bank charges including

excess overdraft fees, overdraft fees and

returned DD fees relating to 2 current

accounts, namely a/c number and a/c number. The

claim relates to charges dating back to

xx/xx/01 on a/c number and xx/xx/01 on

a/c number upto and including xx/xx/06 on

both accounts. We have contacted the bank on 3

occasions asking for a list of the charges,

request for payment and a letter

before action respectively. The bank

maintains that its charges are fair and

lawful, and therefore our claim is

unenforceable. It goes on to state that

under their 'Account Terms and Condtitions'

their fees and charges are clearly stated,

however our contention is that they are

breaching contract law by their charges not

being in proportion to their costs, so in effect

they are fining us. The claimants claim interest

under section 69 of the County Courts Act 1984

at the rate of 8% a year from xx/xx/01 to xx/xx/07 of

£xxxx.

 

Anyones opinions would be grateful, especially given that if I am going to send another more fleshed out version, I has got to be by Friday! Thanks in anticipation.

[Gensha]

Hi Joeyboo21 - After First Direct acknowledged my MCOL they submitted a defence. The Court wrote to me and I sent them suggested draft directions which you will find on this site, along with the covering letter. I also sent a copy to DG Solicitors. At this stage, I still have no Court date. Today, I received an offer from DG Solicitors for THE FULL AMOUNT I AM CLAIMING! (£4,027.00) They give the usual blurb about 'Without prejudice' etc etc.

 

If I can help you at all, do not hesitate to contact me. I have received all my information and support from this site and will be donating to the wuebsite fund as soon as my money is in the bank.

 

Good luck and hang in there, you WILL get yur money back.

[Joeyboo21]

Thanks Gensha I appreciate it. No doubt I will be in touch, I think I will wait to see what defence they put up, if any, and if they defend on grounds of not enough info I will submit an N244 to the court with a list of my charges and a fleshed out POC. The bank have already had these twice. Cheers, well done on getting your money back. Sre they sending you a cheque?

[Gensha]

Hi! No I have asked them to put the money into my bank account within 7 days, and told them I will not write to the Court to withdraw the proceedings until the money IS in my account, and I have crossed out the confidentiality clause... The timing is great because I am going on holiday on 22nd June so the money will come in very useful! I had thought they would wait for a Court date (Which could be ages away) and then settle just prior to that, so I am not complaining!

 

I don't think there is any rhyme or reason to how they are managing claims, I just think that they are snowed under and some get through to the Court stage as a result, whilst others get settled more quickly. I definately think it is worth writing to DG every 10 days if you don't hear anything to demonstrate that you are giving them plenty of chance to settle before the Court date. Hope this helps, let me know if I can do anything else, I find once you have your own success, it spurs you on to want to help other people to get their money back and beat the bank!

 

CAN ANYONE DIRECT ME TO THE PLACE WHERE I CAN ENTER THE MONEY I HAVE WON BACK? I remember seeing it somewhere but can't think where? Also how do I donate to the site once the money is through?

[Joeyboo21]

Hi all, still waiting for FD to file a defence(got until 1600 25/06), I am expecting them too, so the court bundle work starts in earnest! Does anyone have a copy of the TC's for 1998/99? They would be greatly appreciated, I do have the 2003 ones, but would like the a/c opening year ones aswell (greedy I know). Power to the people!

[Joeyboo21]

Hi everyone, just a quick update. I have checked MCOL when I got home tonight to find they have filed their defence, so watch this space...........

 

Anyone got T&C's from 98/99 please.........

[Joeyboo21]

Forgot to mention, in response to my questions about my POC, and having read Dubliner10 v FD, I have filed an updated schedule of charges with court and DG, as per GuidoT #21. Cheers GuidoT. Sent 2 sets of charges, the original ones that FD got with my RFP/LBA letters and updated, more in depth ones, as of date of sending. Just waiting to hear from court now..........

[Joeyboo21]

Hi all

 

An update to my case, having recieved the AQ from my local CC(even though the judge at Northampton Bulk ordered that it be dispensed with) I duly filled it out, at the same time I filed a N244(request to vary the amount claimed) because my lovely wife missed a few(£700+ and int.) charges, to be fair I missed them on checking too. So off I sends my completed AQ with the new draft directions and the N244 along with the £100 and £65 fees. So, the first ballsup, gets the cheques back, I forgot to sign them, Doh! Then off I send them, and the next day I gets the N244 back, forgot to sign that, was I awake when I filled these things out!(have checked all the forms and they are pretty good!). Then...... thanks to an unauthorised transaction on my account, it appears that the £65 cheque cleared, but nobody can tell me what has happened to the £100 cheque(not enough funds to clear it, by pennies!) So today I went to the CC to hand deliver the N244, signed this time! and offered to pay the £100 in cash. They said to wait and see if the cheque has bounced, and they will send me a letter to come in and pay in cash, otherwise they would get confused. So when this all works itself out, I wonder if the OFT case in the High Court will affect the hearing date? Oh by the way if the cheque has bounced the £39 charge will be added to my claim from the Halifax!