monkey_uk Vs First Direct ::: Settled IN FULL £2235.50 12/05/06

[monkey_uk]

Just re-read the thread and I feel like I've hijacked Monkeys thread. Before I get 'done' my apologies Monkey, it was unintentional.

 

Yes, you have! You bad, BAD person you!!!

[vix2000]

I've slapped my own wrist!!!!! Thanks for the offer of support, though. Hope it doesn't go that far.

[monkey_uk]

No probs, now let's leave my thread alone eh?

 

:) :) :)

[monkey_uk]

I'm confuzzled by the prelim letter. It says:

 

plus £XXXXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

 

I don't think this is talking about "debit interest" (i.e interest that you are charged when you are overdrawn, which IMHO if fair enough, and they are entitled to that) so what is it talking about?

 

I'm drafting my prelim letter now and just want this clarifying.

 

Edit: RAH! my 101st post! \o/

[Bookworm]

It's the interest accrued on the charges, which by right you should be able to reclaim too.

 

I don't bother, cos I'm too lazy and not good enough at maths. You'd have to separate the regular interest from the extra one, and in some case, there's a different rate too, to calculate what portion derives form the charges and reclaim that. For me, life's too short. Yawn.

[monkey_uk]

Cheers BW.

 

This bit of the letter doesn't make sense:

 

What I require

I calculate that you have taken £XXXXX plus £XXXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX

It doesn't actually say WHAT I require!

 

I've modified it to

What I require

I calculate that you have taken £1679.00 in the form of charges from my account. I require repayment of this amount as outlined below.

 

How does this sound?

 

I've left the rest as it was.

 

 

Also, they've refunded me £80.00 during the period coverd by my claim, these show up as "Refund of charges" on my statement (1x£75.00, 1x£5.00) I have ommited those from my claim, if this correct? Probably a silly question, but I just wanna make sure.

[monkey_uk]

Anyone, please??

[paulmc60]

Looks fine to me Monkey. You can't really claim back charges that have already been refunded.....

 

Good luck!

[monkey_uk]

Cheers Paul.

 

I knew I couldn't really, just wondered whether you thought I should "try it on". Maybe not eh....!

[monkey_uk]

Prelim letter sent 28/03/06

[monkey_uk]

Reply received (quoted verbatim):

 

Dear monkey_uk,

 

Thank you for your letter dated 28th March 2006 requesting a refund of all bank charges incurred since 1 January 2003.

 

first direct does not agree woth your contention that the charges which have been applied to your account are unlawful and are therefore unenforceable. The contract between the bank and its customer is governed by our Account Terms and Conditiond. In respect of overdrafts, I would refer you specifically to Part 2: Operating You Account, Clause 6.9, which states:

 

"If your account goes overdrawn without an agreed overdraft, or you go over an agreed overdraft limit, we will charge interest at our Unauthorised Overdraft Interest Rate on the amount of unathorised borrowing. We will also charge you an Overdraft Fee for any statement month when the balance on your account exceeds your limit, whether for one day or more. An Excess Overdraft Fee will also be charged for any day where there are subsequent increases in the excess or a reoccurrence of an excess during the statement month. Our Overdraft Fees are published in our Interest Rates and Charges leaflet."

 

Our fees and charges are clearly stated in our published Interest Rates and Charges leaflet and the circumstances in which these charges apply are clearly set out in our terms and conditions, which you will have been provided with a copy of when you opened your account.

 

We are therefore unable to agree to your request. If you wish to escalate your concerns to the next stage, you can write to Robert Kernaghan, Customer Relations Manager, at the above address.

 

If we do not hear from you within the next eight weeks, we will consider matters resolved.

Complaints we cannot resolve may, ultimately, be referred to the Financial Ombudsman Service, further details of which can be found in our "listening to your comments" leaflet.

 

Yours Sincerely,

 

Maureen Watson

Credit Services Customer Relations

 

So, by my reckoning, the Letter before action should be sent on 11th April??

[chriszammett]

same as mine - Robert Kernaghan is going to be getting a lot of letters!

[monkey_uk]

Indeed he is.

 

My deadline expirex in a couple of days, the LBA will be winging it's way to them then.

[monkey_uk]

LBA ready to be sent on 20/04/06

 

Dear Sir or Madam:

 

Account number: XXXXX

 

I now understand 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.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

 

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

 

I calculate that you have taken £1729.00.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Let the fun begin!

[oops a daisy]

love the last paragraph monkey LOL

[monkey_uk]

 

I was gonna send it today by normal mail, but couldn't find my stamps, I gave up as it was p*ssing me off something chronic! So, I'll send it tomorrow by recorded delivery on my way home from work.

[monkey_uk]

Hmmm, I'm not sure whether the letter has been delivered as Royal Mail's Track & Trace doesn't show any info.

 

I'll give it till wednesday and then I'll consider sending the letter again

[paulmc60]

Track & Trace sometimes takes a while to be updated. Worth a phone call to FD?

[monkey_uk]

Nope, I'm not dealing with them by phone whatsoever until this is conculuded. I don't want to get drawn in to anything.

[monkey_uk]

Well, I've today received a reply to my LBA. I'll do a proper write up in the morning, but it's basically a "**** off" letter as someone on here once so aptly put it!

 

Royal Mail Track &y Trace STILL shows sweet f.a.

 

Some of you will understand the irony of this happening to ME, but for those that don't, you can't even begin to imagine...!

[monkey_uk]

Dear monkey_uk

 

I am sorry to learn that you remain dissatisfied with our letter dated 30 March 2006 and I have taken the opportunity to review your concerns.

 

first direct does not agree with your contention that the charges which have been applied to your account are unlawful and are therefore unenforceable. The contract between the Bank and its customer is governed by our Accoutn Terms and Conditions. In respect of overdrafts, I would refer you specifically to Part 2: Operating You Account, Clause 6.9, which states:-

 

"If your account goes overdrawn without an agreed overdraft limit, or you go over an agreed overdraft limit, we will charge interest at our Unauthorised Overdraft Interest Rate on the amount of unauthorised borrowing. We will also charge you an Overdrat Fee for any statement month when the balance on your account exceeds your limit, whether for one day or more. An Excess Overdraft Fee will also be charged for any day where there are subsequent increases in the excess or reoccurrence of an excess during the statement month. Our Overdraft Fees are published in our Interest Rates and Charges leaflet"

 

Our fees and charges are clearly stated in our Interest Rates and Charges leaflet and the circumstances in which these charges will apply are clearly set out in our terms and conditions which you will have been provided with a copy of when you opened your account.

 

Whilst I accept this letter will not provide the response that you hoped for, I trust I have been able to clarify 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 letter constitutes the Bank's final response.

 

Further details about the Ombudsman scheme are set out in the enclosed leaflet and you have six months to refer your complaint to them should you decide to do so.

 

clearly, I hope you will not find this course of action necessary and thank you for taking the time and trouble to bring your concerns to my attention.

 

Yours sincerely

 

 

Marcus Golby

Head of Service Delivery and Change.

 

Comments please?

[vix2000]

same letter we got but didn't make a difference to the outcome. As you can guess it didn't get defended in court. usual secrecy asked for. refunded already. Go ahead with your plans.

[monkey_uk]

Claim Filed 04/05/06: 6QZ28773

 

Amount: £2115.50 + £120 costs.

 

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

£279.00 and also interest at the same rate up

to the date of judgment or earlier payment at

a daily rate of £0.55.

 

I will give you a 100% gauruntee that I WILL not be signing ANY confidentiality agreement unless they pay me my "gagging fee" of £5,000.00.

 

Let the fun begin!

[toffee]

Just like to wish you good luck m8 with that,not that you'll need it tho

[monkey_uk]

Just like to wish you good luck m8 with that,not that you'll need it tho

 

Cheers boss!