Harvest V FD

[harvest]

Now that I've had a first piece of correspondence from First Direct I thought I'd start my thread specifically on this (Moderator may wish to delete other threads I started).

 

SAR Letter sent 2 weeks ago (£10 cheque returned)

Statements received 3 days later (efficient!)

Prelim Letter sent last Tuesday - (20/02/07)

 

'Unrelated'? correspondence received this morning about my internet banking account. They need me to change my username, password and other details because of changes to the bank's security.

 

"You may have experienced difficulties attempting to log onto your internet account in the last seven days."

 

Tried logging on today (4 times) and because I can't 'log on' I can't change my passwords etc. Catch 22.

 

Phoned FD number today ("we'll look into it.")

 

Is this unrelated? I don't want to make false assumptions.

[snaithy]

Hi,

I got the same letter yesterday, although haven't tried to log on yet I just assumed it was a standard letter to all accounts. I'll give it a go and let you know.......

[dx100uk]

i would be very very careful here

this could be a spoof letter [as such]

 

make sure you use the internet page you have always used incase you have a virus or trojan?

could someone installed a keylogger on your pc?

 

have they acked that they DID send you the letter?

 

if they do not know, then i would be worried.

 

PM me if you want help

 

this is exactly the scenario my work collegue had and it turned out bad

his a/c had been hi-jacked

 

might be wrong...hope i am:D

 

dx100uk;)

[snaithy]

Hi,

Tried logging on as usual all seems fine. Maybe there is something fishy going on........ be careful!

[harvest]

Thanks all for your quick replies.

 

Yes - I had a standard FD circular a few days ago (you can always tell can't you) about how they were upgrading their internet banking blah, blah.

 

This one, (in an FD envelope, personalised etc) was pecifically about my account.

 

The lady I spoke to at FD said yes they had sent it - so I'm not too worried about an internet [problem].

 

Just wondered why my account had been chosen for password changes etc and if it was in any way (coughs!), you know (coughs again!) related to 'other matters.

 

I fear I've been watching too many conspiracy documentaries.

[madhouse5]

I've had same letter from FD about changing username, password and I have not started my claim against FD yet, still dealing with Barclays.

 

My letter said changes take place from 8th March.

 

HTH

 

madhouse5

[harvest]

Hi Madhouse. I had that one as well (about 8th March changes). That's a circular to all FD internet banking customers.

 

The one I'm talking about (arrived separately) is a specific one, different to that, which talked about how they'd regretfully had to investigate my internet banking details for 'security reasons' blah blah.

 

I'm sure there's nothing in it more than someone perhaps logging on with the same password or something but it does mean I'm without internet banking until they sort it out.

[harvest]

Looking at other threads today (e.g. Elpwood v HSBc) it seems that some people are concerned about the affect of the report by the FOS / Banking Ombudsman re: their report / investigation on bank charges which is due to be reported next month.

 

Consensus seems to be that a recommendation be made that charges should not exceed £12 per charge.

 

For those of us in the early throws of our claims what will the impact be of this.

 

1. Will it be applied retrospectively or do we still pursue the full claims?

2. Even if the FOS recommends maximum £12 charges that's in todays prices, what about prices 6 years ago, 5 years ago, 4 years ago etc etc?

 

3. Does anyone know on what date next month the report is due?

[harvest]

Well - the first 'proper' communication from First Direct.

 

A letter from a Paul Adams in Customer Relations:

 

"Dear Mr xxxx

 

Thank you for your recent letter, requesting a refund of xxxx blah blah blah....we have already refunded xxx therefore I have adjusted your claim...[they haven't refunded anything, I've checked]

 

In circumstances where you have authorised payment that would, if met by us..... [usual nonsense about bank is justified in applying charges.

 

First Direct is however, mindful of the management time and irrecoverable legal costs we may incur in such a claim. For those commercial reasons alone, and without admission of liability whatsoever, FD is prepared to make you a payment in the sum of (about 20% of the claim), in full and final settlement of this matter, which I believe is a fair and reasonable offer. I am not prepared to review a claim for any additional interest."

 

Sounds like the usual nonsense. There is an attached slip to sign saying I accept in full and final settlement and will make no further claims.

 

It also states that the refund they're offering is only available for 10 days from date of letter.

 

Any further concerns are to be addressed to a Robert Kernaghan, Customer Relations Manager.

 

I'm assuming this is the usual approach (though perhaps offers are generally more than 20% of the claim).

 

Roll on MCOL deadline.

[tomcody]

Hey Harvest how you doing nice to see they have replied looks like you've got your very own Colin in Paul! Hang on in there!!!

[harvest]

Thanks TC. Yes I will persevere and go ahead with my MCOL filing if they don't offer the full amount. How's your own claim coming along?

[tomcody]

Filed my MCOL today!! Lets hope we all get a result soon!!

[harvest]

Good luck with the MCOL TC - I don't think I'll be far behind. Let's hope they don't file a defence and just make you the full offer before it gets to AQ stage.

[harvest]

Received a revised offer this morning which is almost 90% of my claim.

 

I have of course rejected this by letter and asked for the full amount.

 

Makes me wonder about the logic of banks - for the sake of 11% of a claim they're happy to drag out the inevitable.

 

I must admit to being a bit nervous at rejecting this offer - I hope I've done the right thing!

 

The language in their letter included an implied intention to make life on my other accounts difficult if I rejected their offer. In fact that's what clinched my rejection.

 

A bit more waiting now...

[tomcody]

Keep you're nerve Harvest you know you're in the right we don't give in to bullies. My MCOL is now acknowledged so got 28 day wait!! Stay in touch. Good luck!

[harvest]

Thanks TC. Sorry you have to wait so long now. At least you can use the time to start preparing your court bundle (just in case).

 

Bizarrely, today, I received 6 years worth of statements again, delivered by courier. The previous lot were just A4 typed sheets printed. The lot that arrived today were 'proper' statements.

 

I can't believe it. No wonder they have to such high charges if they waste money in that way.

 

I'll look on your thread in the next couple of weeks and see how your claims going. In the meantime, thanks for your support.

[Talking Heads]

I have received confirmation from the court tht FD are contesting my claim, claim is 7.5k with interest, standard stuff from what I see here, in the event they offer a settlement is that settlement inclusive of interest or just the inital charges, seems most are rejecting the first offer if it arrives, what is the make up of the offers and should one hold out for all (inclusive of Interest)!!!

[harvest]

Hi Talking Heads - Good Question.

 

I don't have a definitive answer though. I think you should hold out for contractual and debit interest (if you've added this to your claim) but I don't know, after you've filed your claim whether the court would expect you to settle for your claim in full and not worry about the 8% judicial interest you added on when you filed your claim.

 

I suspect you can hold out for the 8% interest but it might prolong FD making a revised offer. I honestly don't know.

 

I would PM one of the Mods or NettyG (on the HSBC Forum) or HSBcrusher (on the HSBC Forum). Or Bong. They would know I reckon.

 

Post a reply if you get someone so that it clarifies it.

 

Sorry I can't be more help.

[Tiffla]

Hi, Talking Heads.

 

I was under the impression that £5,000 was the ‘safe’ limit for the small claims court, after that it would be allocated to the fast track.

 

You should by now have a copy of your claim form when you filed your claim.

The TOTAL amount you are claiming should be inclusive of the 8% interest.

 

I also get the idea that if you have already filed at court, then it’s not the best thing to do to accept offers anymore, just go for the full amount now.

 

But, as Harvest said, more expert advice will be needed here.

I may get corrected on this post, but at least I will be a little more knowledgeable.

 

Good luck!!

[Advoc8]

I was under the impression that £5,000 was the ‘safe’ limit for the small claims court, after that it would be allocated to the fast track.

The value of the claim isn't the sole consideration for track allocation. The legal concepts behind bank charge claims are simple and long-established, so a hearing would be about matters of fact, not of law. Basically the bank would have to show how much a contractual breach cost it and a judge would decide if that cost was reasonable or not.

 

Having said that there are some major tactical advantages to having a bank charge allocated to the fast track as the standard fast track disclosure directions would effectively force the banks to reveal how much it did actually cost to deal with these breaches months before the case got to trial, so effectively you'd get a settlement at an earlier point in the process (though not necessarily any quicker than the small claims track).

 

 

I also get the idea that if you have already filed at court, then it’s not the best thing to do to accept offers anymore, just go for the full amount now.

It's very much down to how quickly the claimant wants to settle. If the offer is near enough the claim value that the claimant is prepared to lose some cash to save some time then that's their decision. As far as the court is concerned it isn't a problem to settle early.

[Tiffla]

Thanks for the corrections, Advoc8 .

[harvest]

I think FD are trying to intimidate me now by the sheer volume of statements they are sending.

 

I had one lot delivered by courier within 7 days of my SAR letter.

 

I had a second lot delovered by courier last week.

 

I've had another lot delivered today, by courier.

 

No wonder their charges are so high...

[harvest]

should be *delivered* not *delovered* - I was never in love with FD

[harvest]

Woops - Just realised the date (deadline) I gave the bank for filing my claim through the courts (MCOL) is this coming monday.

 

This was in response to the last of two offers (both rejected) from FD. Unless an offer for the full amount arrives before monday of course. (Not hopeful).

 

I will get all my MCOL stuff ready over the weekend in preparation to press the button on Monday morning.

[Tiffla]

Hi, Harvest.

 

I was surprised at how straight forward it was to file with MCOL.

 

If you follow the templates here, you won't go wrong.

 

Don't forget though, once you've submitted your claim, it's a good idea to send a schedule of your charges to the court so that it can be served with your claim.

 

Best of luck, keep us posted .