Taylors v First Direct

[taylormandy]

I have sent my prelim letter to FD. They have replied saying they will take no action until test case judgement has been announced. Do I just go ahead with the LBA?

They state they will request a stay if I start court action. Do I just go through the motions, have the case stayed and wait in the system?

 

Any advice appreciated.

[Michael Browne]

Do I just go ahead with the LBA?

Yes

 

 

They state they will request a stay if I start court action. Do I just go through the motions, have the case stayed and wait in the system?

If you have charges which risk being statute barred, then definitely yes.

Otherwise, if the court fees are a problem, you can delay issuing a claim until the result of the test case

[taylormandy]

Thank you for your help.

I'll proceed with the LBA.

[taylormandy]

I filed my claim against FD at court. They have said they will defend all of the claim and I have now received an allocation questionaire to fill in.

They originally told me in reply to my LBA that they would request a stay. Does the allocation questionaire indicate that they are not doing this and that I might actually end up in court?

 

Has anybody had their charges refunded recently from FD?

 

Would appreciate some reassurance!

[taylormandy]

I have received a letter from DG Solicitors, acting on behalf of First Direct.

As already mentioned, I have been sent an allocation questionaire from the court.

This letter says "In order that we may investigate your claim with our client, we shall be pleased if you will provide us with the relevant account details and a fully itemised breakdown of the amount claimed within your claim form. in this respect, and by way of example of the information we are seeking, we requuire an itenised schedule of the date, description and value of each individual charge applied to your account together with deatils of the interest, if any, that you have claimed...............The Court will also require a copy of the itemised schedule and we invite you to send a copy to the Court for the claim file.".

 

I sent three copies of the schedule of charges with my original N1 to the court.

 

Do I send them what they are asking for, or respectfully point out that this information is already in their possession as part of my original claim?

 

DO I enter into correspondence with them, now that my claim has been filed?

 

I'd be grateful for any advice.

[taylormandy]

Is anybody able to advise?

Do I send the solicitors what they are asking for?