FD little claim settled without court.

[richardc]

I would file your claim. They will then know you are serious

[richardc]

I would file your claim. They will then know you are serious

[BankFodder]

I suppose that I am going to go out of character here. It is partly because of the litigaton fever which has gripped this forum in the last couple of weeks.

 

I suggest that maybe you wait the 10 days. It looks reasonable to the court.

However send an immediate reply saying that you are suspending your deadline for court action for up to 10 working days as they have asked.

However only a full refund of the £XXXX charges will suffice and that if they do not respond with this or if they have not repsonded within 10 working days then you will issue and that you will not accept any further delays.

 

On the other hand, you have given them you deadline and it would be reasonable enugh to proceed with it.

 

I think that I might choose to do the former if only for the look of the thing.

[BankFodder]

I suppose that I am going to go out of character here. It is partly because of the litigaton fever which has gripped this forum in the last couple of weeks.

 

I suggest that maybe you wait the 10 days. It looks reasonable to the court.

However send an immediate reply saying that you are suspending your deadline for court action for up to 10 working days as they have asked.

However only a full refund of the £XXXX charges will suffice and that if they do not respond with this or if they have not repsonded within 10 working days then you will issue and that you will not accept any further delays.

 

On the other hand, you have given them you deadline and it would be reasonable enugh to proceed with it.

 

I think that I might choose to do the former if only for the look of the thing.

[vix2000]

Should I inform them I don't intend to wait 10 days? If I don't give them the 10 days they request can I still claim back the charges for filing the claim? Thanks again.

[vix2000]

Should I inform them I don't intend to wait 10 days? If I don't give them the 10 days they request can I still claim back the charges for filing the claim? Thanks again.

[BankFodder]

Fax them an immediate letter saying that your deadline still stands and that they have ignored it by not referring to it. Then claim

 

However, I think that I might still wait the 10 days.

 

It's not the usual 8 weeks that many of the banks try to set.

[BankFodder]

Fax them an immediate letter saying that your deadline still stands and that they have ignored it by not referring to it. Then claim

 

However, I think that I might still wait the 10 days.

 

It's not the usual 8 weeks that many of the banks try to set.

[vix2000]

Thsnks. Will take your advice and extend the deadline. Will keep you informed.

[vix2000]

Thsnks. Will take your advice and extend the deadline. Will keep you informed.

[vix2000]

Does this sound OK?

 

I have received your letter dated 23rd February requesting 10 working days to investigate my complaint.

 

Although you make no mention of my 14 day deadline, I am prepared to delay court action by the requested 10 working days. However, only a full refund of £1186.63 will be accepted as settlement, I will accept no further delays and if no response is received by 13th March I will commence the court action, as previously stated.

 

Thank you for your consideration in this matter.

 

Yours faithfully,

[vix2000]

Does this sound OK?

 

I have received your letter dated 23rd February requesting 10 working days to investigate my complaint.

 

Although you make no mention of my 14 day deadline, I am prepared to delay court action by the requested 10 working days. However, only a full refund of £1186.63 will be accepted as settlement, I will accept no further delays and if no response is received by 13th March I will commence the court action, as previously stated.

 

Thank you for your consideration in this matter.

 

Yours faithfully,

[Russe11]

sincere imo

[Russe11]

sincere imo

[vix2000]

thanks russell

[vix2000]

thanks russell

[vix2000]

Hi Neal. Just wondered if you have had any further contact from first direct yet.

[vix2000]

Still no reply. How long did anyone else wait?

[vix2000]

Another letter recieved yesterday saying it will take another 10 working days to investigate. Surely they're taking the mick now?

[Bookworm]

I'd say so, yes.

 

I work it out that it's just coming to the end of the 10 working days they requested? And already gone beyond the deadline you'd fixed.

 

Yeah, they're taking the p!ss... I'd get ready to file come Monday, time to take control. You can show a judge that you already gave them plenty of time and they ddin't make any effort... That should look good!

[vix2000]

Personally, if it were me, I wouldn't hesitate, but circumstances are different for everyone.

 

If you are a student and don't own a home etc... then you really have nothing to lose - they could throw everything at you and it really wouldn't matter if you had to go bankrupt if in the unlikely (IMHO) event that you lost your case.

 

I just read this in another thread and am now a little concerned. Does this mean if my daughter goes to court against first direct she could use her house?

[BankFodder]

I just read this in another thread and am now a little concerned. Does this mean if my daughter goes to court against first direct she could use her house?

If you make a clim which takes you ooout of the Small Claims track and into the multitrack then you aput yourself at risk as to costs.

 

If you are claiming on a straightforward basis less than £5000 then there is really no risk as to costs.

[vix2000]

yes, its less than 5000. So we really need to do the small claims thing on monday. Do we have to put all the legal arguments in the form? How long is there between the application and the court date, and what are the percentage chances that first direct will go to court? Thanks for the help and advice.

[BankFodder]

You need to refer to the substance of your case and the legal basis form bringing it.

 

You make the application,

It is served 2 days

It is acknowledged/defended - 14-28days

you receive allocation questonnaire - 14 days

Date is set for hearing - couple months

[vix2000]

and, obviously as an opinion only, what do you think the chances are of them actually defending in court. I know Dave has had experience of FD and taken the vow of silence, but can he give a hypothetical opinion?