Dave V First Trust Bank

[xlr8r_y2k]

Hi Davydee, I got the same letter, I'm waiting for 14days to expire (I'm letting them have '14 working days' cos I'm nice) and then I'm sending off my LBA which will be next Tuesday.

 

We set the timetable not them, tail wagging the dog and all that!

[noomill060]

Always makes me laugh when I see something like "we are investigating your complaint"

 

Its not a complaint- its:

 

"give me my money back, you thieving barstewards or face me in front of a judge"

[davydee]

So if I wait 14 business days, I'm giving them until Friday 16th then my LBA is going. Will be interesting xlr8r_y2k, from our timing, we could be seein eachother in court lol.

[xlr8r_y2k]

the more the merrier m8!

[davydee]

My LBA is being posted today. I gave them 14 working days and was meant to go off on Friday so ive even given them a few extra days.

 

My first letter told them that if a quick settlement was gonna happen, i wouldnt charge them interest. In this letter, I told them the same thing but also highlighted that if it goes past this stage, the full 8% interest + costs will be added.

 

We'll wait and see . . . .

[fr0gg3r]

Just wonderin if anyone has checked the delivery of recorded letters to first trust on Royal Mail's site, as I have sent 4 letters to first trust, none of which have regestered on Royal Mails site. However I know for a fact at least two of them have been received by the bank. Trying to figure if they dont sign for their recorded mail????

[davydee]

Got a letter dated 1st April today.

 

They said:

 

We refer to your correspondence in relation to charges on your account.

 

We wish to advise the situation is still under investigation by this Department and we hope to be in a position to respond to you within the next four weeks.

 

 

-----

 

Bollox. They have until 10th April and that will be 14 working days. On 10th April, do I go ahead and file for court?

[noomill060]

Check out the date of the letter-

 

They're havin' a larff!

[noomill060]

Yeah, file your small claim on the 10th, if thats the day the LBA expires.

[davydee]

OK, only getting around today to file the claim as ive been busy. Ive read through this site and there's only info I can find for UK Mainland and not Northern Ireland.

 

Is it best just to go to my local courthouse and collect a few claim forms?

 

If im claiming over £2000, do i need to file 2 different claims? If so, can I post them at same time or do I have to wait until 1 is settled?

 

Any help would be great.

 

Thanks

[johnspeehs]

hi dave

is it much more than 2k?? i know everyone says you can make more than 1 claim but if the court catchs on to what your doing they could throw out your second claim as an abuse of the sc system. its all ok if the bank dosent put up a fight but over here they dont give in that easily. iv a big claim against the ft and im going down the civil bill route. il let you know how it goes,

regards john.

[davydee]

My claim will be for roughly £2800 + interest + costs

 

The thing is though, £1100 of it is for 1 bank account and £1700 is for another bank account so hopefully i can get away with that.

 

Not sure how to do it yet

[davydee]

Just received a debt collection letter from the from a collection agency on behalf of the first trust. Can I tell them the account is in dispute and they cant do anything about it until this matter is resolved?

[bally35]

Hi Dave ,

I sthis the first time you have had problems with First Trust regarding the debt.

What does debt consist of.

Had they written to you prior to this?

[noomill060]

First off-

 

Send them this template letter, adjusted with your own details:

 

Your name and address

 

The DCA's name and address

 

Date

 

Dear Sir/Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxxx

Under s77(1) and s78(1) of the Consumer Credit Act 1974, you are ordered to supply me with the following documents:

 

1) A true copy of the executed agreement relating to the above referenced account.

 

 

2) A true copy of the deed of assignment of the above referenced agreement.

 

I enclose a £1 postal order Serial Number: xxxxxxxxxx as payment of the maximum statutory fee.

 

Please note that this account is in dispute due to illegal penalty charges and interest levied thereon.

 

 

Yours faithfully,

 

(your name)

 

 

 

Send the letter Recorded Delivery keep the reciept both for the delivery and the Postal Order.

 

This will shut them up. they must provide this info within 12 working days.

 

Then file your claim.

 

I take it you have your statements and know how much you want back?

[noomill060]

You can download a Small Claim form 125 from here:

 

http://www.courtsni.gov.uk/NR/rdonlyres/455D2037-537B-46FC-B852-B78716658EB8/0/p_ucs_smallclaimnewapplication.pdf

 

Just print it out and come back for more info if you need help workinging out the Contractual Interest you have been scammed into paying them.

 

You add this to the amount of charges. This figure goes into the bit where it says "My Claim For" on the form.

[davydee]

I still never got round to filing for court yet but I will be doing so on Tuesday morning.

 

Got a letter from them today though:

 

.................................

 

We refer to your letter dated 26th February 2007 in relation to fees debited to your account.

 

The Bank has considered your complaint in respect of fees applied to your account, that is, fees comprising referral, unpaid and/or letter charges.

 

In accordance with the terms and conditions that apply to your account, the Bank is entitled at all times to collect its fees as outlined in our Price List. In the circumstances we regret to advise that your complaint has been rejected.

 

If your are unhappy with the outcome of this complaint you may treat this letter as our final response in the matter. You may refer your complaint to the Financial Ombudsman Service within 6 months from the date of this letter.

 

...............................

 

 

I cant believe they know they are wrong but still deny everything!

 

To everyone else that replied on the previous page:

 

The debt with them consists of £2300 outstanding on a loan that I stopped paying just before I first filed my complaint to them.

 

Also £1000 of an overdraft. I told them the debt will be offset against what they owe me back and I will pay the different if I owe over what they owe me.

 

Overall, they owe me £2800 + Interest back.

[bally35]

Interesting that this is the rreply that they send out to those who havent filed in court.

It really took from the 26/02/07 to now to tell you that (I dont think so).

They are probaly hoping that you are going to wimp out and not take any further action.

Due to financial difficulties (exacerbated by First Trust errors on my account which in turn led to these unlawful penalties) I was unable to file in court.

However, have been in touch with Ombudsman who is investigating and have inclued that FSA rules about treating customers fairly.i.e that itis unfair to offer some customer"goodwill"payments and not others

and that it is unfair to customers to use the allocated time to investigate as a delaying tactic.

Furthermore it is unfair to push customers into court action , only to pull out at last minute.

I have also imcluded the errors on my accounts which are in region of £20, 0000.

I would have concluded that if someone was actually carrying out an investigation into my account they would have picked up on these.

As it is , they havent and they will fall flat on their arse if they try to defend against Ombudsman, who have already stated that although they have not been called to arbitrate on a case yet,(as banks have paid up) if they banks refuse to settle , they will ask for detailed legal arguments that the banks use as defence of their charges.

Go for it one way or the other, The First Rust need us to fight against such blatant arrogance!!!!!

I

[davydee]

The Northern Ireland Court Service is using the internet to make suing faster and more pain-free. Small Claims Online, a new internet service, means if a claim is uncontested, the entire case can be handled without a court ordeal.

It reduces the time needed to apply and means businesses and members of the public can track their case's progress outside normal business hours.

About 10,000 small claims cases are taken in Northern Ireland every year.

The service was recently awarded the 2007 GoldenEye award for best innovative use of IT in the public sector in Northern Ireland.

In England and Wales the online system, Money Claim Online, has been used by hundreds of people suing their banks for levying unfair overdraft charges.

Before November 2003, in Northern Ireland all small claims applications were brought before a court, but now some claims can be processed administratively and a default decree issued.

Cases which are disputed, or where the amount of the claim needs to be determined by the judge, are still referred for hearing.

[sideline]

Reading with interest your saga with the First Trust bank. Best of luck with it.

Am seeing QC today to get a Civil Bill prepared to reclaim my contested charges which are over the Small Claims limit of £2000.

 

Has anyone or does anyone know of anybody who has successfully received their unlawfully levied charges back from the First Trust?

 

Has anyone actually faced their bank (any) in court in NI or has evrything been settled out of court?

 

Has anyone a copy of their First Trust T&Cs from 6-7 years back?

[noomill060]

Hi sideline!

 

Its best to start a thread of your own, otherwise advice can become rather mixed up

 

sideline v First Trust

[sideline]

Thanks Noonmill060,

 

Been away. Any way trying to get sense out of Barrister was hard work. Get the impression He thought I shouldn't be in this position in the first place.

[noomill060]

Thought they were generally well disposed to take money off anyone...

[davydee]

Hi Guys,

Just to update that I have just finally!!! filed both my accounts with the FT to the small claims online. One amount is for £1029 + Interest and Costs and the other is for £1837 + Interest + Costs.

 

Now the nerves have started as im not a confident person at speaking at stuff like that so im praying its all settled beforehand.

 

I owe them some money and have already received a solicitors letter so im praying its settled quickly so we can clear eachothers debt

[davydee]

Hi Guys,

Just to keep you informed, got a court hearing date for 5th October at Downpatrick Court Case. 2 months to wait