FD little claim settled without court.

[BankFodder]

I don't think that we have any eveidence that they are any different to any of the others.

[vix2000]

What does that mean? That none have actually gone to court yet? We are prepared to go to court otherwise we wouldn't have gone this far, but I don't want to waste hours pouring through legalities if the chances of getting to court are minimal.

[vix2000]

Thanks Dave I totally understand and respect your ethics. You all help us so much and we're very grateful. Its just that I am claiming for my daughter and as usual do most of the donkey work!!!!! (if you're a parent you'll understand). I am au fait with the general principle, that in law a charge cannot be disproportionate to what the actual costs of the action are, and my basic argument is that if a debit card payment in a store can be refused due to lack of funds and elicit no charge then surely to refused a dd or cheque payment cannot cost any more? Along with the other consumer, contract laws cited here, of course, but my fear is that obviously a bank will have more powerful legal experts who could run rings around us.

[vix2000]

Should we be saying on the court form that the charges do not reflect the true cost of the action the bank takes contrary to the contract law and is therefore a penalty rather than a charge? am I right in believing this is the basis of the claim? Thanks.

[vix2000]

Thanks Dave. I think the panic's setting in!!!!!

[vix2000]

We recieved a letter from first direct today after 3 letters asking for a further 10 working days to investigate. They basically say that they don't agree that the charges are disprportionate and that the contract between the bank and customer is governed by their account terms and conditions. It refers us to various sections re. unauthorised od's, and says their fees are clearly stated in their leaflets. They are unable to agree to our request and if we wish to escalate our concerns further we should write to a Robert Kernaghan the customer relations manager. If they don't hear within 8 weeks they will assume the matter is resolved. My daughter is awaiting documentation to apply for exemption from court fees as she is on benefit, and the intetion is to send in the court papers. Is this the correct action now please?

[vix2000]

Have the proof of benefit so posting court papers tomorrow recorded delivery. If anyone in the Sheffield area fancies giving a bit of support if we have to go to court it would be greatly appreciated.

[vix2000]

Just to say the new site is just great. The new first direct sub forum is great, and being able to view the newests posts first is also great. All the little things that I would have liked tweaking have been tweaked and now its perfect. Thanks for all your hard work and congratulations on a great site.

[dave]

Thanks very much.

 

It's going to get much bigger very soon as well, and so a proper structure was most certainly going to be needed!!

[vix2000]

I know. I can't believe how its grown even since I joined. I don't know how you all manage to work, have a life and run this site!!!!!!!

[dave]

It's knackering, and I believe it's about to get bigger!!

 

All my other projects have taken a back seat (like my TiVO for Freeview box I was making, that I desperatly want to get back to!).

[vix2000]

Its not much consolation but believe me, and I'm sure all the other members will back me up on this, its greatly appreciated.

[dave]

It's plenty of consolation ;-)

[Loula]

Dave!

 

BRAVO

 

I think it is great too.

 

One small question!

 

Are we now American? Or is it possible to put the date back to correct British version ie. DD-MM-YY???

 

I am married to an american so appreciate the diversity of cultures and also the computer programmers nightmare of trying to overcome americanisms.

 

Just a small request.

 

LOULA

[vix2000]

I noticed that but thought I'd done something wrong!!!!!!!!!

[monkey_uk]

Have the proof of benefit so posting court papers tomorrow recorded delivery. If anyone in the Sheffield area fancies giving a bit of support if we have to go to court it would be greatly appreciated.

 

Let me know when you get your date and I'll try and be there.

[vix2000]

Thanks a lot. Will keep you informed. It would be great to have some support.

[seylectric]

Excellent stuff, well done. I've only been here a week or so and my first thoughts were "this is great, now where can I find similar help with rip-offs with loans, mortgages, mobile phone charges, utilitity companies etc."

 

You've got it all in hand, and although I haven't had time to take any action yet, I am more inspired and more inclined to do so now. I will admit that, mostly due to lack of time and ill health, I tend to moan about these injustices but rarely get around to doing anything about it. This site will change all that for me and I'm sure for thousands of others.

[Loula]

Thank you Dave...Mr Miracle worker.

 

Perfect Date now!!!!!!!!!!!!

 

LOVE YOU!

 

LOULA

[dave]

Shucks!!

[MondeoST24]

Hi Vix,

 

Hows your claim going, have they acknowledged it?

 

They acknowledged mine last week.

[vix2000]

Hi Mondeo. Just pm'd you. Really sorry, never get pm's so only just noticed yours in my inbox.

[vix2000]

Thanks for keeping me informed. It's nice to have an idea of what they'll do to us and what to expect.

[monkey_uk]

Can you give us all an update vix ?

[vix2000]

Hi. Basically we sent the court papers with the form for exemption from charges with proof of benefit. The court papers were returned asking if first direct was a plc or other. After searching the FD site all I could find was that they were a subsiduary of HSBC bank plc so put that on the form and sent it back on Monday. So now we're just waiting to hear from the court.