First direct V Concerned

[bevt]

Hi

just thought I would give you an update.

I have received the standard letter from Maureen Watson at FD saying they disagree etc and that if I am still unhappy I should contact Robert Kernaghan.As I have had the standard reply should I still wait 14 days before I send the LBA letter.

[hannah8686]

hiya

 

I posted my LBA on day 12. i also olny gave them a further 7 days - i read this in another forum.

 

I suppose you could write out now as they have told you to address you concerns to someone else. you could state that in the original letter you gave them 14 days to reply and although this hasnt ran out as of yet, as a gesture of goodwill you will extend this to **/**/** and that you will then wait until this date unbtl commencing court action etc

 

or something similar to this effect.

 

or you could wait as it would be deemed resonable to do so in case it does go to court - but who has gone to court yet?? no one so its up to you

 

i personally would just send it a few days before

[bevt]

This morning I sent the letter befor action to Mr Kernigam at First Direct.

I thought I would check out the money claim form and start getting ready to send it off as I am sure First Direct will not be coughing up that easily.

 

I have got a couple of questions about the form and I was wondering if somebody can answer them.

1) Can I claim for my 2 accounts on the one money claim form.

Is so do I add the the overcharges together

2) How do I work out the daily rate of interest and do I have to claim it.I would be more than happy with just the overcharges plus 8% interest

Originally Posted by my claim

Claimant has account XXXXXXX with Defendant

from approx XXXXdateXXXX, conducted under

their standard Terms and Conditions. Claimant

is claiming the return of money taken in

charges during the time the Claimant has had

the account with the Defendant. The

Defendant's charges are a disproportionate

penalty and are therefore unenforceable as

they are contrary to common law. They are

also invalid under the Unfair (Contracts)

Terms Act 1977 s4 and Unfair Terms in

Consumer Contracts Regulations 1999. Para.8

and sch.2(1)(e). In the event that the

charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods and Services Act 1982 s.15.

Defendant has declined to justify the charges

despite repeated requests. The claimant

claims interest under section 69 of the

County Courts Act 1984 at the rate of 8% a

year from XXdateXX to 04/May/2006 of

xxx and also interest at the same rate up

to the date of judgment or earlier payment at

a daily rate of xxx

 

 

I know I am on the homeward run now.

If First Direct say they will not refund my charges ,when can I send the money claim.Is it 2 weeks from the date Mr Kernigan received the letter before action.

 

thanks for all your help and support.

 

Bev

[bevt]

Well I received the usual reply from Robert Kernaghan sayinf FD weren't interested.

 

I will start working on the moneyclaim form on Saturday with a view to sending it on 7th Aug.

 

Hopefully within the next 2 weeks I should be receiving nearly £5k.What a result and it is all because of this brilliant website.

[bevt]

Can anyone tell me how to calculate the daily rate of interest on the moneyclaim form.

 

I plan to get it already today so that I can send it off on 7th Aug

 

thanks

 

Bev:-)

[caro]

Use the spreadsheet in the bank templates library, if you haven't sorted the interest yet. If you have it is 8% divided by 365 which I believe in 0.00022%, but I suggest you double check that.

[bevt]

I have just started to fill in the claim.

 

At the end of the form where asks for amount claimed I have added the sum of charges plus the 8% interest ,do I have to add in the daily rate of interest which I calculate to be 71p per day ,if so how do I calculate how many days to add on.

 

Do I have to send the statement of charges in the post and the final question do I need to wait the 14 days or can I send it today.

 

thanks

Bev

[bevt]

Hi

 

Just to let you know I have completed the moneyclaim online today.Claim nos 6QZ51832.

 

Did anyone see GMTV this morning.Martin Lewis was telling the viewers how they could reclaim their unfair bank charges.I bet there have been a lot of new people register today.

 

Will keep you posted

 

Bev

[bevt]

Hi

claim has been issued today.

How long does it take for DG solicitors to make an offer.

I have decided when I finally get paid out I am going to clear one of my credit card balances and donate 5% to the website.

 

Bev

[DazNorthants]

Seems to vary. Just keep eye on when it is accepted. Expect offer of half a day later. Some people get acknowledged after 3-4 days others the full 14 days almost. I am still waiting for mine to be acknowledged and it was issued on 1/08/06 so you are just a few days behind me.

[Matheos95]

My claim was issed on the 24th and acknowledged yesterday - not recieved anything from them yet but hope to hear something soon - it does seem to be varying greatly though - taking longer now than it did obviously because of the volume.

[bevt]

Hopefully I won't be waiting too long.

 

bEV

[bevt]

Hi

 

just to give you a quick update.

First Direct have acknowledged the claim and have decided to defend the case.

Is this normal ?

I am beginning to panic now as I have a feeling I will be the first one to have to go to court.

Can anyone let me know if this is the response they have had from First Direct.

 

Bev

[Matheos95]

It is absolutley normal it is part of the process you will now be sent a letter from D&G offering half exactly what all the rest of us have had. You wont being going to court this is just the way things have to run.

[bevt]

thanks for putting my mind at rest.

Bev

[Harry Jackpot]

Hope all is well............ it's such a thrill, just to get the first letter from them offering half! Then you KNOW you are going to win and all the doubts fade into the background.

 

Don't forget to ask for a personal cheque!

 

Alasco.