kezzer Vs First Direct

[kezzer]

Checked through all my statements since being with first direct. Came to £589 for excess overdraft charges (often when I was only overdrawn for literally a few pounds for a couple of days). Anyway thanks to you guys, I've had the nerve to claim them back!! Preliminary letter was sent off today recorded delivery....will let you know of the outcome!

[monkey_uk]

Great, keep us posted. Good luck!

[kezzer]

Received standard letter back today, the "first direct does not agree with your contention that the charges which have been applied to your account are unlawful" one.

 

Pretty much as I expected!

 

What annoys me most is the fact that the prelim letter specifically states that it would be desirable to enter into communication with an actual human being rather than being sent out standard letters and leaflets! And what do they immediately do?!

 

Anyway, not that I'm gonna let that put me off!! Letter before action will be in the post on Monday.

[monkey_uk]

NO NO NO!

 

Don't send the LBA until your 14 day deadline expires! We need to show the judge that you have acted in a reasonable manner.

[kezzer]

oops...thanks for reminding me monkey! as it happens, my daughter's been ill for the past few days so I haven't been able to get out to post it anyway. Must be providence or something!

 

Just out of interest though, I received another letter yesterday from FD about being over my overdraft limit by £28, notifying me of the fact (as if I didn't already know!) and regretting that should further unauthorised overdrafts be seen, they may have no alternative but to cancel my cards, without further notification!

 

Maybe I'm just being paranoid, but I'm sure I've never been threatened with this before!

[monkey_uk]

They took my switch/cheque gauruntee (sp?) card away from me some time ago when I was having severe financial difficulties, I now have a card just to use at ATMs.

 

It stopped me using gaurunteed cheques (which in turn stopped me using cheques nearly totally, which in turn stopped me getting bounced cheque charges).

 

It is a ballache not being able to use Switch, in shops etc but I can just pay in cash.

 

I have an account with Halifax that I have an electron card for, so I can use that to buy stuff online on the odd occasion that I need to.

 

Would it be so bad if they took your cards away?

 

To answer your question, yes, I think they probably will.

 

You could do one of two things;

 

1. Write to them, stating that you've already asked them for evidence that the charge is lawful and that they failed to fulfil your request. And that you therefore see the charge as unlawful, and that you have pointed this out to them, so you therefore consider them applying the charge as being a pre-meditated breach of the law. Tell them that as they have not yet applied the charge, they can cancel it. Tell them you will be checking the account on XX date (the date the charge is due to be taken from your account) and if it is debited, you will notify the relevent authorities.

 

2. Just add it to your claim.

[kezzer]

Posted LBA today...I added this month's charges onto the amount requested back as suggested...it now amounts to £719!

 

So....just gotta sit back n wait now!!

[oops a daisy]

good luck - can you open an account with another bank and transfer to them if they do take your cards back ?

[kezzer]

have already done so daisy!

 

anyways, here's an update....received a second letter on friday disagreeing with my contention which, strangely enough I was expecting!

 

have read daisy's thread and been inspired so I'm sending FD a reminder before starting action on 16th May.

[kezzer]

This topic was closed on 03/07/19.

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