Whizzy v First Trust

[Bigdess]

Hi

 

I am in the process of making my application to the small claims court.Due to a computer problem I lost the link to the interest caculator.Can anyone help.

 

Thanks

 

Dessie

[hedgey06]

If you entered your charges into a correct schedule before sending prelim and LBA off to the bank, all you need to do is 'unhide' the 8% interest column when you file at court - this will give you the correct amount of interest to apply for at this stage.

 

If you haven't entered charges into a spreadsheet - you should do so before filing at court. Download one of these 6. Interest calculation spreadsheets and enter your charges as shown - the 8% interest is automatically calculated.

 

Best of luck

[Bigdess]

I have been given an offer which falls short of my original claim (£1,200) the offer was made via the FOS.

 

 

Thank you for your email dated 28 July, from which we note that the offer made by the Bank is not acceptable. We will update our records accordingly.

As you may be aware, there has been a significant development with regard to how complaints about unauthorised overdraft charges are being handled, given last week's announcement by the Office of Fair Trading, details of which were reported widely in the media. The Financial Ombudsman Service is presently reviewing its approach to such cases and intends to write to all those consumers affected within the next few days. In the meantime, you may find the information provided on our website of some assistance - a link to the relevant page is enclosed: http://www.financial-ombudsman.org.uk/news/updates/bank-charges-26-07-07.html

 

Following this I informed the FOS and First Trust this was unacceptable.(See copy of reply above) Letter sent to First Trust requesting that they settle the claim in full by close of business today 2ndAugust 2007.Checked on line and low and behold NOTHING! Following this I have lost total faith in the FOS because they have followed in the steps of the FSA.Can I go ahead and put my claim through the courts,or do I have to sit it out and wait.

 

Dessie

[Bigdess]

Received email from FOS this was in relation to sending email yesterday outling my position and cirumstances.I emailed back telling them that I would accept First Trusts Offer of £1,505 despite the fact the offer was rejected Tuesday.What is the time frame for accepting is it two months.I received FOS letter 20.07.07 they wanted a reply by 3.08.07.

 

 

(Given the parameters under which we are able now to operate, perhaps you could let me know how you wish to proceed?)

Thanks

 

Dessie :o

[hedgey06]

If you're not happy with the offer made and you've already sent prelim and LBA - your only other option would be to file at court.

 

However, if you've emailed them back to say you now want to accept their reduced offer I imagine you'll have to wait and see if they'll now accept.

[Bigdess]

Recieved this morning after signing petition complaining about FSA waiver following OFT v Banks.

 

Dear Mr Gleeson

Thank you for completing our online Complaints form on 01 August 2007.

The FSA Complaints Scheme (the "Scheme") is a requirement of the Financial Services and Markets Act 2000 ("FSMA") for the investigation of complaints arising in connection with the FSA's exercise of, or failure to exercise, its functions under FSMA, other than its legislative functions. The rules of the Scheme are set out in COAF - FSA Handbook, which can be viewed on the FSA website at:

http://fsahandbook.info/FSA/html/handbook/COAF

You have complained that the FSA's decision to grant a waiver to firms from the complaint-handling rules that apply has caused you detriment. Having assessed your complaint in accordance with the rules in COAF, we have concluded that the matter complained of is excluded from investigation under the rules of our Complaints Scheme.

Our decision is based on the following:-

Complaints about FSA's rules and guidance are excluded from investigation under the scheme by virtue of COAF 1.4.2.(3) which states:

1.4.2.(G) Each of the following is excluded from the complaints scheme:

...(3) complaints in relation to the performance of the FSA's legislative functions under the Act (including making rules and issuing codes and general guidance);

In addition we have concluded that your complaint is based on your dissatisfaction with the FSA's exercise of its regulatory discretion, and, therefore, we would not investigate it under our scheme by virtue of COAF 1.4.2.A which states:-

1.4.2.A Circumstances under which the FSA will not investigate:

The FSA will not investigate a complaint under the complaints scheme which it reasonably considers amounts to no more than dissatisfaction with the FSA's general policies or with the exercise of, or failure to exercise, a discretion where no unreasonable, unprofessional or other misconduct is alleged.

Although we are not able to investigate this matter formally under the Scheme, your communication has been passed to the FSA Consumer Contact Centre (email: http://www.moneymadeclear.fsa.gov.uk/contactus.aspx, Tel: 0845 606 1234 or +44 20 7066 1000 from outside of the UK, Website: www.moneymadeclear.fsa.gov.uk) for their consideration and to arrange a reply to you.

In addition, if you are dissatisfied with our decision not to investigate your complaint, you may refer your complaint to the Complaints Commissioner who may decide to carry out his own investigation. A referral to the Complaints Commissioner should usually be made within three months of the date of this email, although a referral outside the three months' time limit may, where there are adequate reasons for the delay, still be considered by the Complaints Commissioner. To contact him, please write to:

Office of the Complaints Commissioner

8th Floor, City Tower

40 Basinghall Street

London

EC2V 5DE

Telephone: 020 7562 5530

Email: [email protected]

Yours sincerely

Daniel Lewsey

Complaints Handler

Company Secretariat

Financial Services Authority

25 The North Colonnade

Canary Wharf

London

E14 5HS

 

 

Looks like the banks have it all their own way.FOS,FSA and OFT all eating out of their hands while the consumer is left on the side lines with no say.

 

 

Dessie

[Bigdess]

Received a phone a call from my local branch while I was away in Tipperary,phone call received Friday 10.08.2007.She asked could she contact me on land line that she wished to resolve a complaint I had lodged prior to going away.She is to contact me this morning to discuss the matter.On my return received a letter from FOS stating they had been in contact with AIB (UK)-First Trust,They have said that money should be in the account if not it could take up to 6-8 weeks for this to happen.Can't understand ?.What happens if she threatens to close are account (we have a lone with them which has 4 yrs left to run.) I am beginning to panic.HELP !

 

Bigdess

[Bigdess]

Received this letter from First Trust outling their position, this letter was received by us while we were on holidays.

Thank you for your letter of 30thJuly 2007

You may or may not yet be in receipt of a letter from the Financial Ombudsman Service advising you of recent developments concerning the handling of cases concerning the charges you have complained about. The general position is that such complaints (whether they are being dealt with by the Bank, the Financial Ombudsman Service or by the Courts) are to be suspended pending the resolution of a test case being taken by the OFT against a number of the major Banks in Great Britain.

We trust the matter will be clarified further by the the Financial Ombudsman Service in due course.

Yours Sincerely

T C Smyth

Solicitor

 

 

 

What Next

 

 

 

Bigdess

[hedgey06]

Unfortunately, you're now in the same position that many other claimants are finding themselves in. Realistically, your only way to keep your claim in the system at the moment is to file at court - but you'll incur fees that you won't be able to recover for some time (unless you can prove genuine hardship). Read the first couple of links on my signature about the OFT announcement and how this affects your claim for further info and guidance on this.

 

You should be aware though that once you do file at court the bank will more than likely apply for a 'stay' pending the outcome of the test case - and, unfortunately, many courts are granting the stays.

 

It's a bit of an awful situtation right now - but you have to decide what your next steps are based on the info available, so read the links carefully before deciding what to do next.

 

Best of luck

[livelylad]

Thread moved to other institutions forum.