Dinghy v FD

[dinghy]

Pesonally I messaged FD through the website (never used it before but bit disconcerted to see that they don't keep a copy of messages sent and recieved that you can see) and finally (after telling me it wasn't possible) Linda Young has sent me a hard-letter (dated 21 April) letting me know that they will now be sending statements out by courier.

 

Still recieved nothing as of yet but will keep all posted.

 

Once again... Congrats all

[oops a daisy]

I did my request for statements via the website and they did comply after phoning me to make sure. I think it is best though to sent all letters and requests direct and by recorded delivery if possible to make sure they have no way of saying they did not get it Good luck with your claim

[dinghy]

Recieved 6 years worth of statements today by courier for no charge... Over £800 worth of charges... Nice little nest egg !

 

Sent first request for them to be repaid by secure e-message and hard-copy in the post giving them 14 days to respond.

 

Will keep all posted.

[dinghy]

Got home today to the standard FD response and suggesting I write to Robert Kernaghan to "escalate concerns to the next stage"...

 

Not sure whether to wait out the full 14 days or take this as a complete rejection of my first letter and proceed directly to LBA ?

 

Surely could only be a problem (a minor one at that) if it actually ended in court ?

[Overdrawn]

I think it is best to stick with your timetable. IF it does end up in court, the judge would be able to see that you have been more than fair with them. Wait until the 14 days has elapsed and then LBA.

[dinghy]

Ok... Even if not accelerating the timetable what do people think of a little nudge in the right direction for Robert Kernaghan such as this ?

 

WITHOUT PREJUDICE

Dear Mr Kernaghan

Thank you for Deborah Malins letter dated 2nd May 2006 notifying me that first direct do not agree with my contention regarding charges applied to my account.

 

As suggested in the letter I do indeed wish to escalate my concerns and wanted to ensure that you are aware of this complaint and that I intend to pursue this to an amicable settlement, in the courts if necessary. I wish also to draw your attention to the 14 days notice (beginning 27th April) as stated in my original letter.

 

I am well aware of clause 6.9 however as stated in my first letter I feel these ‘fees’ and charges do indeed constitute a penalty and not a true reflection of damages caused by breach of the terms of our contract. If your contention is that these are fees charged as per a service offered I believe them to be in contravention of the Sale of Goods and Services Act in that they are unreasonable.

 

I’m sorry that first direct feels this way however I firmly believe that the courts do not and will not agree with first directs contention that these charges are lawful and feel that they and not the Financial Ombudsman, would be the better place for referral of this complaint if it cannot be resolved as they are far better resourced and more capable to resolve a complaint of this particular nature.

 

 

Regards

 

Dinghy

 

Also does anyone have an email address from him ???

[betty_lo]

 

Also does anyone have an email address from him ???

 

i emailed him through the online banking messaging option (addressing my message as fao mr k) and he replied by post.

[dinghy]

Email duly sent with copy to go into post this afternoon.

 

[JamPal]

To be honest I don't see why you bother entering into correspondance with them. They are only trying to stall you. I find the line "no further correspondance will be entered into" to be most effective. It leaves them in no doubt that you are prepared to go to court and will not fall for any "bluff".

 

Just my 2d.

 

Good luck with the claim.

 

James.

[dinghy]

Thanks... I did think that but tbh I don't actually want to go to court... I would much prefer they just gave me my money back (I know this doesn't help the cause but... ) Thats not to say that I won't go to court if necessary (because I certainly will and will enjoy it immensely if that occours:D ) and I have no intention of extending MY timetable (indeed if you look above I'd really like to accelerate it )

However just a little reminder of certain facts, letting them know that I'm not afraid to go to court and won't be using their preferred mediator surely can't hurt ?

[JamPal]

Thanks... I did think that but tbh I don't actually want to go to court... I would much prefer they just gave me my money back (I know this doesn't help the cause but... ) Thats not to say that I won't go to court if necessary (because I certainly will and will enjoy it immensely if that occours:D ) and I have no intention of extending MY timetable (indeed if you look above I'd really like to accelerate it )

However just a little reminder of certain facts, letting them know that I'm not afraid to go to court and won't be using their preferred mediator surely can't hurt ?

 

 

You're right, it won't hurt.

[dinghy]

************Disclaimer *******Don't take my advice. I have no idea what I am talking about. If you take my advice you must be bonkers or something.

 

I like the sig ! :D

[JamPal]

I like the sig ! :D

 

;-)

 

See now I thought this bit was funnier:

 

Give a man fire and he'll be warm for a day. Set a man on fire and he'll be warm for the rest of his life.

 

That's twice you've been nice to me today. Gonna have to click yer scales.

[monkey_uk]

Shouldn't it perhaps be:

 

************Disclaimer *******Don't take my advice. I have no idea what I am talking about. If you take my advice you must be bankers or something.

????

[dinghy]

Guess my little nudges just aren't working... Recieved standard reply from RK which is almost identical to previous letter from Deborah Mallins... I think they are not taking me seriously !

 

Perhaps I need to push a little harder...

 

Just sent this as LBA...

 

WITHOUT PREJUDICE

 

Dear Mr Kernaghan

 

Thank you for you letter dated 8 May 2006, which was sadly almost identical to Deborah Malins letter dated 2nd May 2006 notifying me that first direct do not agree with my contention regarding charges applied to my account.

 

As previously noted I am well aware of clause 6.9 however I believe that this clause to be unfair and furthermore I also believe these ‘fees’ and charges do indeed constitute a penalty and not a true reflection of damages caused by breach of the terms of our contract. If your contention is that these are fees charged as per a service offered I again reiterate that I believe them to be in contravention of the Sale of Goods and Services Act in that they are unreasonable.

 

I’m sorry that first direct feels this way however I firmly believe that the courts do not and will not agree with first directs contention that these charges are lawful and feel that they and not the Financial Ombudsman, would be the better place for referral of this complaint if it cannot be resolved as they are far better resourced and more capable to resolve a complaint of this particular nature.

 

As previously noted whilst I would like to pursue this to an amicable settlement, I will have no option but to pursue this in the courts if necessary. 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.

 

Regards

 

 

 

Dinghy

[dinghy]

Just recieved e-message from RK...

 

12/May/2006 09:24

To: Dinghy

Re: Bank Charges

Thank you for your message dated 11-May-2006.

I am sorry that you remain unhappy following my correspondence of 8 May 2006. However, as this was the bank's final response there is nothing further to add in relation to this matter. As advised, if you remain dissatisfied you may contact the Financial Ombudsman Service.

Regards

Robert Kernaghan

Customer Relations Manager

 

Does this mean I can now go directly to moneyclaim ?

[monkey_uk]

If your 14 day deadline that you gave them has passed, yes, go directly to moneyclaim, do not pass go, do not collect £200.00.

 

Have you seen my thread?!

 

WHOOOHOOO!

[dinghy]

Yes mate... Awaiting the details with baited breath !

 

14 days are not up... Only sent LBA yesterday... Response from RK above was exceptionally quick ! However he clearly states it as being FD's final response...

 

Think I might go directly to court ! ATEOTD whats the worst that can happen ? Damages may be reduced due to my haste ? But that would mean me getting my day in court !

 

Think I'm really only asking the question to convince myself that I have indeed at least looked at all the options !

[monkey_uk]

It shouldn't be a major problem, but my line of thinking is;

 

Why risk losing on a technacality when you can just wait a few more days, and then do it safe in the knowledge you can't be pulled up for being too quick.

 

Its yu to you.

 

If you're willing to take the (small IMHO) risk, then go and do it, do it now! hehe

[dinghy]

Fantastic... Just calculated the interest... Adds another £350 to my claim !

 

Really think they should have settled by now !!!

[dinghy]

Bring it on... Claim no : 6QZ30739

 

The claimant has a contract with the defendant bank dated 13 November 1995 which is conducted on their standard terms and conditions. The claimant is claiming the return of money taken by the defendant in the way of charges over the last 6 years totalling £869 . The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the 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.

The claimant claims interest under section 69 of the County Courts Act 1984 at the

rate of 8% a year from 4th May 2000 to 12th May 2006 of £358.78 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%.

 

Probably issued Monday/Tuesday now & served on Thursday/Friday. I await DG's call !!!!

 

Edit: Thought I needed to add that as a point of principle used FD solo card to pay court fees :D

[dinghy]

The have gone and acknowledged the claim...

 

Why oh why do they do this ? They've paid out on so many other claims... Can't they just accept that they will not win and avoid all this aggro ???

 

[monkey_uk]

They acknowledged mine.

 

I spotted it online that they'd acknowledged, and then the day after I got a letter from the court to say they've acknowledged,and a letter from DG Solicitors offering settlement in full on the terms of confidentiality.

 

I think you ought to read my thread (link in my sig)....

 

Expect the money in your account in the next 5 days or so.

[Spiceskull]

FD/HSBC - same as it ever was. Check my (settled) thread too...you will probably have the money in your account on Friday...just in time for the wekend!

[dinghy]

They acknowledged mine.

 

I spotted it online that they'd acknowledged, and then the day after I got a letter from the court to say they've acknowledged,and a letter from DG Solicitors offering settlement in full on the terms of confidentiality.

 

I think you ought to read my thread (link in my sig)....

 

Expect the money in your account in the next 5 days or so.

 

Yes mate... Read (& posted) in your thread... Just can't understand why they bother with acknowledging claims !