Eratu13 v First trust claim filed

[eratu13]

Hi

 

I have been reading the site for the last few months and have made a few postings elsewere and I thought it was about time to let people know how *nice* the First trust have been to me.

 

Ok I was a bad manager of my finances for many years(or good for the banks as they made a fortune out of me) about 4 years ago I finally wised up and decided to sort my finances out. Went to the bank manager he made to feel like a child listened to the patronising waffle did what I was told got my accounts into order sorted out all my old debts ,bounced checks etc .Not to bad so far well read on.

 

A couple of years later me and my partner split up it was far from amicable and even though we had no kids and she was the one who did the cheating, she had the locks changed despite the mortagage being paid from my account .So I had to find somewere to live and my solicter told me I was still liable for the mortage of the house I wasnt even living in ,as both names were on the deeds and she wasnt paying anything I ended up having to pay a mortage and rent and try to furnish a house from scratch.Things were very tight financially so I went to the bank to ask for a little help til I got my share of the equity of the house from my ex.Sorry we cant help etc was all I got . 6 months later things were finally agreed with my ex and she was buying me out of the house and sending me my share of the money ,so again I went to the bank explained my brother was getting married and could they cover my direct debits till the cheque arrived.Sure they said just get your solictor to send us a letter outlining how much you will be getting and that will be fine. Got the letter drawn up .Was charged for it of course left it in with branch and thought all was well.Went away and enjoyed wedding and stayed for several days returned home to a pile of letters all returned direct debits with penalty charges on them, rang the bank very upset.To be told oh we never said we would do that only that we would consider it???? Yeah right was my response .

 

In anger I opened another account with a different bank and asked the First Trust to furnish them with the details of my direct debits, which they are required to do under the banking code. At the end of the month was away again and arrived home to several messages on my phone from my new bank saying that despite their best efforts First Trust were refusing to share the information with them until I cleared my overdraft.The overdraft that all there charges had created ,the first one I had in over 2 years .So again many charges and penalties charges from companies whose direct debits had failed.

 

Wrote to all the companies, did manual new direct debit mandates and after all that the First Trust started to hound me for the overdraft ,my initial response was get stuffed you B******S ,but had worked so hard to get finances in order I eventually paid them to get them off my back.That was over a year ago.

 

About 8 weeks ago was talking to a friend who mentioned this site.You can imagine my pleasure when I started my action against them .They had charged me a little over £3000 .Next wednesday I send out my letter before action for the first £2000 . Just wish I could be there to see their face when they get it.

 

Eratu13

[lickthewallfatboy]

nice one Eratu.Get stuck in with both feet-a crowd of blood sucking leeches one and all who are now getting a taste of their own medicine.And I can tell you,they don't like it up them!!

 

all the best

[bearo]

yup good luck, sounds like you deserve some!

[BaldyBaldwin]

start reading up about chargeing them the contractual rate of interest, i.e. the rate they charged you and watch your claim grow. but remember, you only add interest when you file your claim at court.

best of luck kevluff

[eratu13]

Standard response letter received 26/08/06. we will be contacting you "shortly" and standard how to complain stuff, still no response of any value or meaning. Letter before action being sent tomorrow unless get something meaningful from them.Letter of 26th so noncommital its laughable what does shortly mean well its been 10 days and as far as I am concerned thats plenty of time. So step 2 starts tomorrow.

 

eratu13

[eratu13]

Nothing from First trust yet , no surprise there then. Lets hope the letter before action wakes some one up and makes them realise that I am not taking no for an answer . Am I right in assuming the courst accept all first class recorded delivery letters are considered received after 2 days ? Just want to make sure have right date for initiating court proceedings as is apparent First Trust think they can do what they like, so the sooner I lodge claim the sooner I can get my money back of the xxxxxxxxxx xxxxxxx [edited please try not to use language which may be percieved as libelous cheers ) B******s. at this stage would nearly welcome opportunity to go to court as the more I think about the way I have been treated the madder I get:-x .

 

However I realise the only way to hurt these s***s is to get my money back.

Let you know if i hear anything constructive from them but am not holding my breath.

 

Eratu13

[eratu13]

Still nothing new from the First Trust either in response to my preliminary letter or the letter before action I sent. I am wondering if it is worthwhile telephoning them on Monday to advise them that I will be filing a claim by Friday if havn't heard from them? Just from the point of view that I can say in court I made reasonable attempts to resolve this matter before going to court.The response to the preliminary action letter mentioned that they would be contacting me shortly (letter dated 26/08/06) and I have heard nothing from them since and now 21 days have passed. I would not be expecting any meaningful response from them and would not be delaying my filing the claim but was wondering if I could shake them up.

 

Any feedback welcome

 

Eratu13

[lickthewallfatboy]

better stick to keeping it all in writing,then there are no mistakes.I never talk to any of them on the phone....

[big aid]

i got a couple of letters back from them saying that it would take 8 weeks for them to invesigate my claim fully. i was very busy at work and hadnt time to lodge a claim so after about 6 weeks, i phoned Mairead gourley at FT and asked her what were they investigating and how long it was likely to take.

she informed me that they were looking at each individual charge to see that it was applied according to their terms and conditions. if it was, it stays and if not they would refund. i asked if they were looking into the principle upon which the charges were applied? they were applied according to their terms and conditions. i then was losing it and asked her was this a waste of 6 weeks for me? to which she grunted some sort of reply.

 

stick to your timetable , lodge your claim.

i have found out with first trust that they will do anything to slow you down, in the hope that some bank will win a test case, or the oft will release a statement supporting them.

[eratu13]

Thanks for the feedback folks .

 

I think will stick to my guns then and not bother ringing, will lodge claim on friday evening via the small claims online facility on the NI courts website. I posted the letter wednesday 06/09/06 so if wait till friday 22/09/06 that allows 2 days for delivery. Have downloaded the online guide already and will have plenty of time to read and file case as off all day Friday. I know Flojo has a court date the week after that against First Trust so will be interesting to see if their position changes any once they either realise they have to settle or get beat in court.

 

I have had only one letter from them since started the process on the 19/August/06 and it was a waste of paper, is that standard for them?

 

thanks again

 

Eratu13

[big aid]

flo is in court this week and i would bet that they will adjourn in the hope that they will be saved by something else.

BOI have been putting pmcmurrogh off for a while now

[eratu13]

Have just completed my online form for the small claims court (Much to my pleasure:D :D ). Would nearly forfiet interest just to see the look on thier faces when they get the info. I wonder if they finally get up of thier a*****s and take me seriously now . Probably not but their timewasting has just cost them 800 pounds as that is how much interest I have been able to apply under the courts terms and conditions.

 

Many thanks to all here especially Flojo1985 for answering those last minute queries for me. Cant wait to see the b******s in court if they turn up on tuesday for her case.

 

Eratu13:D

[eratu13]

My thread has been moved to the litigation in action section for those following it.

I received a letter this morning asking for a further 4 weeks to investigate the matter. Its laughable do they really think that I would have any confidence in them to come to a reasonable conclusion now, after all I put in my data access letter at the start of July so they have known about my claim for nearly 3months and they are still investigating it. Not to be flippant but if they havent figured out they ripped me off and I have caught them at it by now is it likely they ever will? More obvious and blatant timewasting roll on Monday when my claim will be verified and I can get the ball moving and get these wasters in court.

 

Eratu13

[big aid]

have you seen my progress with F T

i may be looking at a default decree on monday

[eratu13]

yes mate hopefully goes through without any hitches for you.Keeping fingers and toes crossed for you and Flojo who has case on tuesday.

 

etatu13

[big aid]

don't want to shout to loud at the minute, but, if i can apply for a decree on monday afternoon you will hear me where you cant see me

[eratu13]

My claim was verified today so the ball starts rolling for me now we wait and see if the First Trust wake up or wise up.

 

Going all the way with this no matter what actively hate those B*stards now nothing less than a full refund ,plus interest ,condition free will do.

 

Now to make the complaint to the oft that they are not fit and proper people to hold a credit license as they have failed to comply with the OFt directive of april this year.

 

Eratu13

Let loose the dogs of war:-x

[Bru]

Flojo got her case settled this morning, though they tied her to a confidentiality agreement. I was in the court and couldn't find out what the settlement was.

 

 

Bru

[eratu13]

My claim was verified on monday and small claims pack was posted yesterday so the bank will be getting notification either today or tomorrow from the small claims court. I feel so sorry for them .......NOT:rolleyes: .

 

On a side note several other folks have contacted me my private message to say they are at the online filing stage of their claim.I would encourage anyone at this stage to make a thread so others can follow your progress. The more threads the better for us fighting back, it gives others hope and encouragement.I know when I found this site the thing that gave me hope was finding other threads against the First Trust from flojo and bigaid and others claiming against the Big4 over here.

 

Also the more cases the more headaches the bank has , a thought that gives me pleasure after all the trouble they gave me through the years

 

eratu13

[eratu13]

Unsurprisingly still no response from First Trust who will doubtless wait till the last minute before filing a defence, how predictable and boring. the clock is ticking and they still have a further 2 weeks to get up off their backside and give me my money back. Unlikely I know but it is only going to cost them money in the long term, if they had the common sense to settle initially it would have saved them £800 in fees and interest and whatever their legal bill will be.Am still but am getting even more determined as times goes on.

 

Eratu13

[eratu13]

Am in court in a little under 10 days is it worthwhile contacting the first trust or the solicetors acting for them before it goes to court ?

Or should I just hold off? and wait for my day in court ? By the way is the small claims court open to the public or can I invite anyone to it? I have a friend in the local press who routinely follows things in the county court and he has promised to report this case if it goes to court would be better if he could be there in person. he feels it is a very topical issue and feels he will be able to get in covered in the larger regional newspapers like the belfast telegraph. Any publicity for the way the banks are ripping people off can only be a good thing for people in a similar situation to myself and it will also show the banks morally and legally indefensible behaviour.

 

Many thanks for any responses.

 

Eratu13

[lickthewallfatboy]

from our experience with court V citi,I think that it is a closed court,and I doubt you would be able to get your friend in if he is presented as a reporter.However,you may be able to get him in if you clear it with the cout staff,who will tell the judge,if you say he is just a friend....

 

 

although I seriously doubt you will get through the courtroom doors at all-first trust will most probably have someone there to settle with you-as happened to another member the same time as we were up against citi.

[Bru]

Good Luck

 

But I'd hardly think you need it

 

First Trust aren't all that big when you stand up to them

 

Bru

[eratu13]

Just got a letter saying case has been adjourned by the judge:mad:

 

Rang court house and spoke to a clerk who was quite vague but stated the judge was waiting on a ruling about this at the end of the month but couldnt give me any more details than that. He has said he will speak to the judge and will have a clarification for me on monday afternoon. any ideas how to proceed from here.

 

eratu13

[Bru]

Surely you must have the right to challenge any request for adjournment.

 

Ask the clerk why you weren't given this opportunity