Brian V First Direct - Please Please Help!

[BrianUKGuy]

Hi All

 

I currenlty have a battle going on with FD and i'm hoping someone can offer me some advise.

 

Background

 

Have a bank aco**** with FD which includes a £500 overdraft.

Recently changed banks and received a letter form FD complaining about my dormant account. Next letter I received stated that they were no closing my account and that I would need to start paying off overdraft. I started making monthly installments into my account to pay it off. Next thing I know is I get a letter form debt recovery company so I call them and tell them i'm already paying FD off via monthly payments, ok they said and that was that. Next thing I know I did a random check of credit file and notice they've put a default on for £467. Obviously I was mythed so wrote to them regarding default notice

 

B2FD1

 

Further to this I have no recollection of ever receiving such a notice, and I therefore require you to substantiate this data at your earliest convenience.

 

1. You must supply me with a true copy of the alleged agreement you refer to. This is my right under your obligation to supply a copy of the agreement under the legislation contained within s.78 (1) Consumer Credit Act 1974 (s.77 (1) for fixed sum credit). Your obligation also extends to providing a statement of account. I enclose a £1 postal order in payment of the statutory fee, PO Serial Number

2. You must supply me with a signed true and certified copy of the original default notice

3. Any deed of assignment if the debt was sold on

I would request that this data is provided to myself within the next 28 days, if you are unable to provide this data then I must insist that it is removed from my files as unsubstantiated.

 

FD2B1

 

Please find enclosed your postal order along with a copy of your account opening application form and a copy of the Final Demand.

 

The account you held with First Direct was a bank account which is not a CCA regulated product therefore no Default Notice is required. As we received no response to the final demand your account was passed to 'name of company' and an entry mad on your credit file. The final demand is our notice to register adverse information on your credit file and satisfies our legal obligation before passing your account to a Debt Collection Agency.

 

Once your account is paid in full this will be reflected on your credit file.

 

No deed of assignment is required as 'name of company' are part of the HSBC group.

 

Blah blah blah..............

 

B2FD2 - Short version

 

I can confirm I did not receive the final demand letter. I feel the default does not give a tru refleciton of account handling. Image below 'image' show's I've had 2x status 1's in 2 years and a then a D last month.

(then shows bank statment showing monthly payments to pay off OD)

 

When I spoke to one of your advisors recently and said I hadn't received the notcie she told me to take it up with the Post Office. How will this help apart from getting a free stamp?

 

----------------------------------------------------------------

 

I am waiting for a reply on the above letter. but have a few quesitons my first letter said

 

2. You must supply me with a signed true and certified copy of the original default notice

 

Although a copy was provided in their reply it was a black and white copy and had in no way been signed as a copy of the original (can I pick them up on this?)

 

I am livid that I have a default for a measly £467 and would like some adivse on how to get this removed. Should I go down the charges route? S10? Should I pay it all off then try and get default removed? I'm quite happy to come to repayment scheme in return for removal but need legal advise/clout etc.

 

Also i've just noticed that on the final demand letter it doesn't show the following

 

Detilas of the part or parts of the agreement which, according to the trader, the customer has breached.

 

or

 

If you do not take the aciton required by this notice before the date shown then the further action set out below may be taken against you.

 

The above is taken from the CCA and I know FD say the account is not covered by it but surely they must tell me why and what will happen????

 

Many thanks