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Me v First Direct


Icklem
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Good luck mate. I'm sure I'll be in the same boat as you soon enough;)

[sIGPIC][/sIGPIC]

 

First Direct - S.A.R - (Subject Access Request) sent 29/12/06

Statements recieved 15/1/07 - >£3000 owed

Prelim sent 16.01.07

Partial offer received 01.02.2007

LBA and letter rejecting paltry offer sent 02.02.2007

MCOL filed mid Feb 07

AQ 26th March

 

 

BoS - S.A.R - (Subject Access Request) sent 29/12/06

Statements received 1.02.2007 - Prelim sent 02.02.2007

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Hi All

 

Just got mine settled in full today after LBA letter sent, they offerd me around 85% which I refused then I got the full amount £1035 today, well chuffed. Anyway, they are definatey trying to fob people off, they said they would defend their position and to be honest I am a bit sad I didn`t get my day in court after all, you will win guys, keep going and let us know what happens, keeping my fingers crossed for you !!!!

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Thats good news Adamarm....my claim is for nearly £6000 with interest so I didn't really expect them to make an offer too soon to be honest...After this I am going after every one else!!!!

 

Good luck Icklem.

 

I've just sent off my letter demanding repayment and their response within 14 days. If I get stalling letters I'll just go ahead with moneyclaims online after 14 days.

 

My amount is similar to yours - about £4500 before interest and over £6K with interest so I doubt they'll cave in easily.

 

Keep us up to date with what happens with your claim - it's really interesting to see FD's different ways of stalling, 'defending' their claim.

 

2 things: I've noticed in all media coverage they're talking about unfair overdraft fees of up to £39. With first direct I've had fees of £100+ each time plus an extra (separate) £30 each time. Anyone else had this?

 

The second thing is that I've used Moneyclaim online before to get a deposit back from a letting agency so am not daunted by court action. (They caved in within 2 days).

 

Good luck with your claim and keep us posted.

Claim against First Direct - WON - 29th March 2007

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Looking at other threads it's varied. In most cases it seems to be weeks rather than months from what I can tell.

 

I wonder whether the increase in claims will slow this aspect stage down.

 

A good piece in the indpendent today reporting an interview with a Judge to be screened on Tonight with TM (ITV1) in which the Judge says:

 

"His fellow judges are concerned that there has been no test cases on charges." He goes on to say:

 

"None of these cases, as far as I know, have ever been brought to trial because the banks have always settled them, sometimes at quite a late stage in the p[roceedings....

 

...because of the sheer number of cases that they face that haven't been brought to a decision, I think it's fair to say, the judges are frustrated. They would like there to be some binding decision." JUDGE PAUL COLLINS - SENIOR JUDGE, CENTRAL LONDON CIVIC JUSTICE CENTRE. [AS REPORTED IN THE INDEPENDENT, FRIDAY 23RD FEBRUARY 2007]

Claim against First Direct - WON - 29th March 2007

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Can a Judge / The Law Society / Some legal authority ever compell a defendent to attend court in one of these claims / cases?

 

If they can, we must be getting to the stage now where the judges themselves (including Judge Toombs? in Lincoln) are sensing that the banks' legal representatives are using the legal system in unexpected ways.

 

If so I suspect they might look at a way to bring a test case. If not it will mean a hefty increase in the raft of paperwork and court time.

 

Hope you get your court date soon Icklem

Claim against First Direct - WON - 29th March 2007

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  • 2 weeks later...

Hello all,

 

I am in the process of taking on FD and have got as far as the allocation questionnaire - it looks a bit daunting and i don't want to make a mistake on it and jeapordise my chance of claiming. Has anyone else filled theirs in?

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  • 2 weeks later...

Hi,

I sent off my claim letter to First Direct for the 2 accounts I had with them (totalling £5K in charges over 6 years!); also set up a parachute bank account, and they have now closed my 2 FD accounts! Just received a letter today from them rejecting my claim, quoting me "Clause 6.9" re. overdraft charges, so I have wasted no time in sending my second letter, threatening court action! I must admit, I feel a little nervy and don't know where to go from here so am scouring the forum for as much help and advice (and inspiration!) as poss!

Any tips would be most appreciated!

Thanks

Martina:)

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Martina

 

I recovered about the same amount from FD - claim paid in full (£5.5k), including interest and costs, all in all took about 12 weeks from start to receiving full whack back into my account - lovely!! I also had 2 letters just like yours, and wondered whether to just leave it - my advice is don't, just ignore them, register with MCOL, and follow the very simple process - just remember they will cough up in the end - go for it, you've nothing to lose.

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Thanks for your advice - you have inspired me to carry on fighting them!!! It did astound me when I saw the success letter on this website from First Direct which came from the same person who sent me my rejection letter (quoting the same Section in my overdraft contract)!!

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Hi,

 

I'm just finished entering in the amounts into the spreadsheet for FD and I have found a charge for recall S/O for £37.50 - and can't quite see what this relates to. If you had any of these did you put them in to be reclaimed? Looks like they are fees for recalling standing orders so not quite sure whether this is legitimate or not.

Thanks,

klb1

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