Thanks citizenB..I have drafted(but not sent yet) a letter requesting the copies of phonecalls and transcripts of such under section 7 paragraph(1) of the data protection act as I clearly stated when I opened this account that I wanted this account to not have an overdraft facility whatsoever.I clearly stated that I wanted this account to never go overdrawn.They agreed at the time.But changed that as soon as it suited themselves. To be honest FD are not playing by the rules whatsoever and are making the rules up as they go along.... I will however take your advice a not talk to them again.They need to contact me in writing and not on the phone. All I wanted was a copy of my charges under the data prot act.Not all this hassle..

I have yet again spoken to FD..This time I asked why they were issuing legally binding documents that it was impossible to comply with under thier terms and conditions and the dates on the notices.I also explained that I thought that they were taking punative action against me with these notices that were impossible to comply with.As I feel whatever I do I cannot satisfy the terms and conditions of payment for these noties as they are asking me to pay funds on dates that have already passed.I have moved sufficient sums to cover the ammount on default and have paid it.I have asked for the origional copy of the default notice which I understand is my right.They have flatly refused and will explain in a letter to me at a later date!!!(date not disclosed) They have cited human error ,I.T systems failures,it wasn't thier fault the list goes on....They did however ring me back to tell me they were correct in thier actions against me.So I was in no uncertain terms that I was in the wrong and they were behaving in accordance with their terms and conditions. All I wanted was to obtain details of my charges using the data prot act ..and a whole load of hassle has happened since...You could call it coincidence but to have 2 default notices with incorrect dates sent is not a coincidence , I would call it bullying.It's a case of the big bank picking on the little bloke. I thought about the responses I have had from FD and decided that the bloke to talk to about it was Gordon Brown ..The P.M ,so have sent him copies at Number 10 and explained that I am not that good with money but he with his vast knowledge and contacts probably knows someone that is..So could he please help...He is there to represent me and I hope he will get one of his civil servants to atleast give me the contact details on who to deal with at the appropriate departments...I have left myself in his hands as far as this goes... I am waiting on his response before I contact solicitors,the FSA and the trading standards office as i am sure that FD are not playing by the rules here...I will let you know the outcome.... Important Bit.....thanks for your help citizenB it is much apprieciated that you took the time to read my posts and help.

today 08 may ... i recieved another default notice ....check the dates ...it's impossible to comply with....to say i'm frustrated is an understatement. Default Notice served under section 87(1) of the consumer credit act 1974 IMPORTANT - YOU SHOULD READ THIS CAREFULLY Under Account number ######-######## And Dated 21March 2007 Customers full names(s) and address(es) ##################### ##################### ##################### ##################### ##################### We refer to the above agreement, which you entered into with us.The Repayments/Payments clause provides that you must pay the loan repayments in full on the due date each month.You are in breach of this clause. Nature of breach: Failure to make repayment of £###.## by 20 may 2008 To remedy the breach you must pay us £###.## before 30 april 2008 IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. Total amount owed under the agreement,including interest and charges,as at the date shown £####.## Any rebate due to you(if applicable) £###.## Total amount that we demand be repaid £####.## IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE,YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE.fOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT, OR YOUR NEAREST CITIZENS' ADVICE BUREAU. For first direct manager--------------------------------- date of signature 06 may 2008

I have now queried the dates and was told and I quote .....The dates are incorrect but that is thier problem not my'n and the payment is outstanding??????...but the notice is still valid!!.....I have agreed to pay the outstanding sum to them although the charges will put me overdrawn..so to sum up....First Direct have not payed a payment to themselves last month(although they claim it is for this month) for this ammount..but have charged me £200 for the letters,notice and charges but have had the decency to give me a £50 reduction in the charges(thanks fd i'm so grateful)....So in short they refused to pay a £118 internal transfer to themselves and have charged me a total of £150 for the service!!!!Thanks first direct.....If they had paid themselves I would have gladly paid the difference to not have a wrongly dated notice that is impossible to comply with...It seems strange that FD never had an issue with me until I sent a data prot letter to them asking for the charges e.t.c on my account... Any advice on what to do next will be gladly recieved..I'm sure that a bank can't penalise people for asking for data ....but this seems to be what is happening..I was under the impression that there were funds to cover the ammount in my account ....but after the charges that they leveled against me there was a shortfall....

Yes the 'before the date shown' is in bold type and underlined in those sections..sorry i had to type it out...my scanner has died .

Default Notice served under section 87(1) of the consumer credit act 1974 IMPORTANT - YOU SHOULD READ THIS CAREFULLY Under Account number ######-######## And Dated 21March 2007 Customers full names(s) and address(es) ##################### ##################### ##################### ##################### ##################### We refer to the above agreement, which you entered into with us.The Repayments/Payments clause provides that you must pay the loan repayments in full on the due date each month.You are in breach of this clause. Nature of breach: Failure to make repayment of £###.## by 16 may 2008 To remedy the breach you must pay us £###.## before 01 may 2008 IF THE ACTION REQUIRED BY THIS NOTICE IS TAKEN BEFORE THE DATE SHOWN NO FURTHER ENFORCEMENT ACTION WILL BE TAKEN IN RESPECT OF THE BREACH. IF YOU DO NOT TAKE THE ACTION REQUIRED BY THIS NOTICE BEFORE THE DATE SHOWN THEN THE FURTHER ACTION SET OUT BELOW MAY BE TAKEN AGAINST YOU. Total amount owed under the agreement,including interest and charges,as at the date shown £####.## Any rebate due to you(if applicable) £###.## Total amount that we demand be repaid £####.## IF YOU HAVE DIFFICULTY IN PAYING ANY SUM OWING UNDER THE AGREEMENT OR TAKING ANY OTHER ACTION REQUIRED BY THIS NOTICE,YOU CAN APPLY TO THE COURT WHICH MAY MAKE AN ORDER ALLOWING YOU OR ANY SURETY MORE TIME. IF YOU ARE NOT SURE WHAT TO DO, YOU SHOULD GET HELP AS SOON AS POSSIBLE.fOR EXAMPLE, YOU SHOULD CONTACT A SOLICITOR, YOUR LOCAL TRADING STANDARDS DEPARTMENT, OR YOUR NEAREST CITIZENS' ADVICE BUREAU. For first direct manager--------------------------------- date of signature 02 may 2008

Hi ,I decided to ask under the data protection act for a copy of the bank charges e.t.c applied to my accounts and lo and behold this morning a default notice was sent to me(that was a shock).The thing that concerns me is that first direct have stated under the nature of the breach that I failed to make a payment on the 16th may 2008 and that I must remedy the breach by making a payment before the 1st may 2008....The letter is dated 2nd may.(todays date is 6th may2008) Is it ok for a bank to issue a default notice before the payment is due aswell as sending it after they want remedial action from me to sort the payment issue out? This is just the bank having a go back because I asked for information under the data protection act.Is this normal behaviour for a bank? Should I take legal council on the subject. The account is in credit...only just...