FD little claim settled without court.

[vix2000]

I have gone through my statements from first direct and have 3 types of charges, excess od fee, od fee and recall so/dd. Before I write the letter can someone confirm that all these can be reclaimed, and if not, which can't. Thanks for the help.

[Guest stephen]

all of the above, unless you had charges for £3.00to £5.00

[vix2000]

thanks. excess od fee was £25, od fee £30 and so/dd £37.50. The only query is that I thought I read on this site that an od fee was a legitimate charge?

[Guest stephen]

soory was this a fee for having the overdraft if so then yes, its a fare charge. But if it was a fee for going over your agreed overdraft then no it not a fare charge.

 

hope that helps

[vix2000]

Hi. Here's the letter adjusted from your template that my daughter is sending to first direct tomorrow. Will keep you informed of the progress.

 

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

 

Monday, 13 February 2006

 

 

 

WITHOUT PREDJUDICE

 

Dear Sir,

 

ACCOUNT NUMBER: xxxxxxxx

 

I have held the above mentioned current account with your bank for the past 16 months. During this time I have incurred charges of £xxxx for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonoured (and in some cases honoured) due to insufficient funds.

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

There are many more cases of this type, far more than I have room to list here.

 

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges of £xxxx made on this account in the last 16 months plus £xx being 8% APR as allowed by the County Courts Act (1984), within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs. This money would be used in some way to clear my overdraft on this account.

 

Yours faithfully,

[vix2000]

no probs dave. picked it up and altered it. Just thankful for all your help.

[john.-h]

my spellchecker missed that one too!!!!!

[vix2000]

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

[vix2000]

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

[BankFodder]

that template was ambiguous and problematic. It has been replaced with two letters.

have a look.

 

Do you have the info you need - do you know how much?

If not, then DPA request.

If yes - then letter before action.

 

if they go to court we'll help you - so stay close.

[BankFodder]

that template was ambiguous and problematic. It has been replaced with two letters.

have a look.

 

Do you have the info you need - do you know how much?

If not, then DPA request.

If yes - then letter before action.

 

if they go to court we'll help you - so stay close.

[vix2000]

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

 

Sorry-put in wrong thread first!!!!

[vix2000]

Wrote to first direct with standard template from library on 13th Feb, giving 14 days to reply. Have, as yet, heard nothing. Do I need to contact them or just go ahead with the court action on the 27th? Thanks for the advice. Also, what do I do if they actually go to court as the thought of this scares me to death!!!!!

 

Sorry-put in wrong thread first!!!!

[vix2000]

Thanks Bankfodder

 

This is the letter we sent. We gave them 14 days but have had no reply. If we don't do what we threatened in the letter surely they'll think we don't mean it? Why wouldn't they reply?

 

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

 

Wednesday, 22 February 2006

 

 

 

WITHOUT PREDJUDICE

 

Dear Sir,

 

ACCOUNT NUMBER: xxxxxxxx

I have held the above mentioned current account with your bank for the past 16 months. During this time I have incurred charges of £1136.50 for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonoured (and in some cases honoured) due to insufficient funds.

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

There are many more cases of this type, far more than I have room to list here.

 

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges of £1136.50 made on this account in the last 16 months plus £50.13 being 8% APR as allowed by the County Courts Act (1984), within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs. This money would be used in some way to clear my overdraft on this account.

 

Yours faithfully,

[vix2000]

Thanks Bankfodder

 

This is the letter we sent. We gave them 14 days but have had no reply. If we don't do what we threatened in the letter surely they'll think we don't mean it? Why wouldn't they reply?

 

Customer Relations Manager

FIRST DIRECT

40 Wakefield Road

Leeds

LS98 1FD

 

Wednesday, 22 February 2006

 

 

 

WITHOUT PREDJUDICE

 

Dear Sir,

 

ACCOUNT NUMBER: xxxxxxxx

I have held the above mentioned current account with your bank for the past 16 months. During this time I have incurred charges of £1136.50 for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonoured (and in some cases honoured) due to insufficient funds.

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leisureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

There are many more cases of this type, far more than I have room to list here.

 

Further to these cases, I also believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges of £1136.50 made on this account in the last 16 months plus £50.13 being 8% APR as allowed by the County Courts Act (1984), within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs. This money would be used in some way to clear my overdraft on this account.

 

Yours faithfully,

[vix2000]

Sorry I left the account number in. I not others X it out. Is that a problem?

[vix2000]

Sorry I left the account number in. I not others X it out. Is that a problem?

[vix2000]

SORRY-POSTED IN WRONG PLACE> MOVED TO HSBC THREAD

[vix2000]

SORRY-POSTED IN WRONG PLACE> MOVED TO HSBC THREAD

[vix2000]

Thanks for pm. Get a bit confused, as First Direct are part of HSBC so may be in the same thread, but RBS and BOS are in the same section, although BOS part of Halifax and not related to RBS at all, and I know it makes it difficult for you when people post in the wrong place.

 

Can you give me some advice on how to follow up from the above letter if we hear nothing, please? I believe one of the moderators has had experience with First Direct before and any help/advice would be gratefully recieved. Thanks.

[vix2000]

Thanks for pm. Get a bit confused, as First Direct are part of HSBC so may be in the same thread, but RBS and BOS are in the same section, although BOS part of Halifax and not related to RBS at all, and I know it makes it difficult for you when people post in the wrong place.

 

Can you give me some advice on how to follow up from the above letter if we hear nothing, please? I believe one of the moderators has had experience with First Direct before and any help/advice would be gratefully recieved. Thanks.

[BankFodder]

You seem to have everything there and you have given them 14 days which I assume that yu are going to stick by.

 

prepare your schedule of charges with interest that they have charged you if you were in overdraft.

Pu itinto the excell template so that it will calculate the 8% interest.

pepare your claim form - either paper version or on line and then on the 15th day issue it

[BankFodder]

You seem to have everything there and you have given them 14 days which I assume that yu are going to stick by.

 

prepare your schedule of charges with interest that they have charged you if you were in overdraft.

Pu itinto the excell template so that it will calculate the 8% interest.

pepare your claim form - either paper version or on line and then on the 15th day issue it

[vix2000]

My Daughter has today recieved the following letter dated 23rd Feb in reply to the letter above:-

 

Thank you for your letter dated 13 February 2006 addressed to the customer relations manager. As matters of this nature fall within my area of responsibility, I will respond.

 

I am concerned to learn of the issues you have raised and I will ensure that an investigation is undertaken. Please be assured that you will recieve a reply shortly, certainly within the next 10 working days.

 

For your information I have enclosed a copy of our leaflet 'listening to your coments', which provides further details about the banks complaint procedure.

 

Signed by Maureen Watson, Credit Services Customer Relations.

 

Do I give them 10 working days, or serve papers as per my original letter? Thanks for your help.

[vix2000]

My Daughter has today recieved the following letter dated 23rd Feb in reply to the letter above:-

 

Thank you for your letter dated 13 February 2006 addressed to the customer relations manager. As matters of this nature fall within my area of responsibility, I will respond.

 

I am concerned to learn of the issues you have raised and I will ensure that an investigation is undertaken. Please be assured that you will recieve a reply shortly, certainly within the next 10 working days.

 

For your information I have enclosed a copy of our leaflet 'listening to your coments', which provides further details about the banks complaint procedure.

 

Signed by Maureen Watson, Credit Services Customer Relations.

 

Do I give them 10 working days, or serve papers as per my original letter? Thanks for your help.