beboii vs First Direct

[beboii]

Well here goes .... the DPA letter went today. Recorded delivery.

 

I have statements going back about three years and there are nearly two grands worth of charges on those including a memorable seven direct debits returned in one month because of an excess overdraft fee. Truly eye watering. Lord alone knows what the final total will be.

 

I have a parachute deployed and its good to know that there is a lot of support and previous experience to fall back on in these threads.

 

Can't wait to see what happens, will keep you posted

 

b

[fivelaws]

a memorable seven direct debits returned in one month

 

It wasn't memorable in a good way... but getting it back will be!

 

Good luck!

[beboii]

Received a letter from FD by return saying they would provide the data requested and returning my cheque. No statements as yet but hopefully it won't be long. I'll chase it this week.

 

A similar letter has gone to capital one, they haven't even acknowledged it yet. will start a thread in the appropriate place when they do.

[beboii]

Rang FD on Thursday to chivvy them along, statements arrived within 48 hours. Have gone through them once, the charges are about £2000.00, going back to check them again now - would hate to miss anything.

 

First Letter requesting a refund will be in the post first thing Monday morning.

 

Incidently Capital One cashed my cheque but haven't yet seen fit to drop me a line acknowledging it or advising me of an expected delivery date of the data - shameful!

 

Toodle Pip

 

B

[beboii]

Well I got standard "cause to complain letter" handsigned it is. they have sent me a very useful leaflet too about the banks complaints procedure. Looking forward to Monday next when the LGA goes in the post....

[beboii]

LBA even...

[fivelaws]

I like the sound of an "LGA".

 

Last Gasp Attempt?

[beboii]

No response so far, so off goes the LBA...

[beboii]

Ah the post just came and with it a letter

 

WITHOUT PREJUDICE

 

Dear Mr Beboii

 

Thank you for your letter dated 10th July requesting a refund of £xxxx.xx (they got the figure wrong from my letter £250 out!!) bank charges.

 

In the circumstances where you have authorised a payment that would, if met by us, lead to your account going overdrawn or to exceed an agreed overdraft limit we have to consider whether to make this payment. A fee is payable for this service provided by the bank, details of which are clearly laid out in our published tariff. The circumstances in which the fee will apply are set out in our account terms and conditions, a copy of which was provided to you when you opened your account. We are confident of our position and believe that if your claim for a refund proceeded to court, we would successfully resist any legal challenge in relation to these fees.

 

FD is, however, mindful of the management time and irrecoverable legal costs we may occur in relation to such a claim. For these commercial reasons alone, and without any admission of liability whatsoever, FD is prepared to make a payment to you in the sum (of a bit more than half)

This represents the charges applied to your account in full and final settlement of this matter, but does not include recall/unpaid item fees which I am not looking to refund.

 

If you accept our proposal please sign and return the enclosed declaration (wrong sort code on that) in the envelope provided and we will arrange a refund to you. This offer remains in place for ten working days.

 

I do hope I have clarified the bank's position, however, I am obliged to advise you of your right to refer your complaint to the financial Ombudsman service, as this constitutes the bank's final response.

 

etc etc.

 

 

 

Robert Kernaghan

[beboii]

So:-

 

Its interesting that its a fee for a service - if so one would think it would remain the same in every instance. Furthermore I seem to rember reading a post on here somewhere that says a fee for a service has to be proportionate. The 1982 act I think.

 

This also seems to suggest a human makes the decision rather than it being an automated process - no notes to that effect on my account.

 

I also like - we think we will win so have some money

 

Anyway I think my response will have to be something along these lines:-

 

Dear Mr Kernaghan.

 

Thank you for your prompt response to my letter and the kind offer that it contains. Unfortunately I will have to reject it.

 

As I have stated in my previous letters I believe that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

 

My arguement is that the bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the 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.

 

I have repeatedly asked the bank to justify their charges but to date you have declined to do so.

 

Therefore I would again request that you refund the correct ammount of £XXXX.XX as per my letter of 10th July plus £XX.XX in interest charged. If I do not recieve a satisfactory response from yourselves by my original deadline I will commence proceeding against you as previously stated.

 

Best wishes

 

 

Beboii

 

Any comments?

[Big Pants]

Sounds like it's bang on. Fingers crossed for you.

 

You may also be able to answer my query...

 

Are you intending to claim for the interest charged when these fees took you still further overdrawn? If so, how did you calculate it? (I'm not referring to the 8% we get to add on if it goes to court)

[fivelaws]

There's a spreadsheet done by Vamp in the templates folder.

 

It is (apparently) very easy...

[beboii]

well they wrote back ... sorry mr beboii there nothing further we can do for you... though our offer still stands,..... so I'm filing the money claim right now

[beboii]

they acknowledged the claim on the 18th August, unfortunately I like a donut claimed the wrong ammount (included the interest in the particulars of claim but not the total ammount claimed) and have had to ammend the claim using an N244 filed online. Does anyone have any idea how long that application might take to be heard and what do people think will happen now that first direct have acknowledged?

[beboii]

well after my mess up with filling in the papers (thank you fivelaws for your advice) they sent a partial offer which I rejected. Today I recieved an offer of the full ammount ---- now how good does that feel. Soon as the money comes in a donation is a coming. The site has been invaluable in both information and support and I could not have done it without your help.

 

For anyone thinking about it... should I ... shouldn't I .... course you should

[beboii]

We have a winner ladies and gentlemen... Donation Made. Could you change the thread head please.