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Alan H v First Direct


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Hi All,

 

Just thought I'd post to say that I've started my claim for unlawful overdraft charges over the last 6 years. Posted the Data Protection Act letter yesterday, so I'll keep this thread up to date with happenings as they happen.

 

What's the group experience of the bank closing the account after the claim? I ask as I would rather stay with FD if I can, although if they think *I'm* being unreasonable by asking for money back that was effectively taken from me...

 

Also, any experience of other repurcussions? For example, I have a loan with FD, is it likely that they will suddenly demand repayment following my claim?

 

L8r dudes!

moderated: please do not post comments that may be seen as libelous ,this is for the protection of the site

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Hi and welcome to the site.

 

It is unlinkely they will close your account, but it is certainly a possibility and something to bear in mind.

 

Any loans etc are covered by a seperate agreement and they would not be able to demand immediate repayment because of your bank account being closed.

 

Good luck!

 

Keep us posted.

Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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  • 2 weeks later...

Hi All,

 

Got a letter on Saturday (17/06/06) from FD acknowledging my Data Protection Act letter and saying that they will be sending the info via courier. Also, they returned my cheque saying that the info would be provided FOC.

 

So far from looking at what's available online (back to 2004) I'm up to nearly £1500 in charges! So, looks like it will be a decent claim once I have all the info.

 

I'll post again once the statements arrive.

 

L8r!

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  • 2 weeks later...

Hi all,

 

Finally got my pack of statements by courier this morning. My misses is going to go through them today and highlight all the charges. I expect I'll have the first request for refund in the post tomorrow morning.

 

I'll post another message once I have the total amount of my claim.

 

L8r dudes!

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Hi all,

 

Just finished totting-up now! The total taken from me over the last 6 six years is:

 

£ 3,081.50 :o

Unbelievable!

 

Letter going in the post tomorrow morning.

 

Watch this space - it should all be over in the next 28 or so days.

 

L8r.

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Got the standard response from FD this morning... "we acknowledge your letter yada yada we'll respond withing 10 days yada yada here are some leaflets to read in the meantime yada yada contact the ombudsman..."

 

Let's see what happens next - I just read a post on here saying that FD paid-up after the first request letter to avoid court charges and interest - are they finally realising they can save themselves some money if they pay before the claim goes in?

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I'm just in the process of finishing my claim with FD and i only started sending the letters at the start of june. The bad news from everyone i've spoke to is that its is extremely rare that they pay up early before you go to moneyclaim.gov so don't get your heart get on it because chances are the bank will take you the gates of the court to scare you away but its worth there while not to take you in there! stick to your guns!

 

I've also had it recommended to me after sending my LBA etc to FD that you should ask the bank on your final letter to either pay up or confirm deadlock (saying there is no way they will give you the cash!) because should it actually (although chances of it happening are very slim) in court it give you a little bit of extra boot!

 

Its really fustrating this having to wait but dont become disheartened! have a read through my thread if you have any questions because chances are i've already asked them :)

Please sign this petition - Asking for the government to drop the length of time credit ref agencies can hold data on us!!

 

http://petitions.number10.gov.uk/CreditRA/

 

:smile::p:rolleyes:

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  • 2 weeks later...

FD's first 14 days are now up - so LBA in the post today.

 

They haven't even responded within the 10 working days they suggested on their previous letter - no matter, we're on my timetable not theirs.

 

Watch this space in 14 + 2 days...

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Got the standard "we don't agree... yada yada... section 6.9 of T&C's yada yada..." letter yesterday.

 

I guess this was their response to my first letter as they would have only received my LBA on the same day they must have sent this (possibly).

 

Just another delaying tactic by the looks of things.

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Matheos95, have you already filed your Moneyclaim? It seems to be the advice on here to allow the bank the full 14 days even if they respond in the meantime disputing your claim - makes you look more reasonable should it get to court.

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HI

 

Yes I have done my moneyclaim and yes I have read what it says about the 14 days but the way I see it is that they have said the usual get lost thing so why would they respond anymore they made their move so I made mine wether this is right or wrong is yet to be seen. Ill let you know how I get on.

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  • 2 weeks later...

So, FD's time limit is up and it's time to submit my claim.

Off I go to moneyclaim, register and fill in all the details, have a few attempts at the 1080/24 particulars fiasco, finally get it sorted, click submit with credit card in hand and baited breath and...

 

Due to a technical error you cannot submit your claim at this time!!!!

 

Arrgh! :mad:

 

It helpfully suggests you try again later!

 

Personally I blame this forum. The moneyclaim site is probably overwhelmed with all the charges claims going in. [i am joking of course :)].

 

I guess I'll try again tomorrow. Ho hum... the best laid plans of mice.

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Moneyclaim just filled in and successfully submitted!

 

It turns out that the 'technical error' can be caused by the 1080/24 particulars still not being right. Sometimes it tells you the problem on the same screen, sometimes it doesn't and says there's a technical problem. The helpdesk said it can be caused by having pound signs, slashes, percent signs or brackets.

 

My tip: remove as much as possible, use GBP instead of pound signs and make sure that no line has more than 45 characters on it.

 

So, the total of the claim? Including interest et al it comes to £3907.55

 

Next post when they've acknowledged it.

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  • 2 weeks later...

Got the letter from the court this morning saying that FD have acknowledged.

Also got the letter from DG offering half settlement.

 

I'll reply today with the usual "unconditional part payment" type of response, and then post again once DG get back in touch.

 

L8r!

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Faxed and posted my response to the half offer today - stating that I will accept it as an 'unconditional partial payment of the full amount of...' and also added something along the lines of 'full amount of ..... plus .... additional interest accrued since the date of my claim'.

On the court claim it does state (in my case) 0.68 interest per day until settlement - so I just worked out the amount since FD were deemed to have been served and added it on. :)

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  • 2 weeks later...

OK, so I got a letter from DG yesterday saying that they are awaiting my response to their letter of the 21st (being their half-offer letter). So, I wrote a new letter stating that I had replied by both fax and post on the 22nd and that "I find it highly unlikely" that neither of these had arrived at their office, and both faxed and posted this. I also called and left a message on their answer-machine to call me back.

 

They called about 30 minutes after my fax and said that they did have my letter and a response had been sent out to me.

 

Is this a new stalling tactic?

 

Anyway, their offer of full settlement arrived this morning (dated 31st) and I, of course, have crossed out the confidentiality clause and faxed and posted my acceptance back to them along with a letter saying that I am more than happy to negotiate a fee for my silence. (oops!)

 

So, just waiting on the big wad to fall into my account now. :)

 

A donation to the CAG will be made once I have my hands on all that lovely lolly!

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The money went in my account today!!!

 

Another win for the CAG/BAG!!!

 

A donation is on the way, and I'll be filling out the survey too. Thanks to all on here as you made it so easy for me. :)

 

A note for newbe's - take your time, read the FAQ's, read what others have done and don't let the banks bully you into giving up or accepting less than you are owed.

 

:D:D:D

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Wow,

Well done. As many I am new to this site so your messages are not

only helpfull but give me hope.

I'm just starting to read all of the FAQ's and will take my time in getting my letters

correct ( I'm a designer- never got my maths, so caution and patience wil be needed).

Well done again.

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