TH v First Direct

[tonyjohnspurs]

hi talking

you need to set up internet banking first-i highly reccommend it-you can do anything online apart from paying money in

tony

[Talking Heads]

TH, are you sure the court isn't dealing with huge delays? I wasn't told by the court when I filed the papers that the bank hadn't filed its defence that they were running behind. I asked, was told no, but when I called after getting notice the judgment in default had been set aside, I was told by the court it had a backlog of over a month! Some courts have even longer delays - some I believe as much as three or four months.

 

So have you asked the court about delays? If no defence has been filed, you should apply for the judgment in default. The court can provide you with the info, or you can fill in the relevant section on your original claim form. If the judgment by default has already been issued (am I reading right here, that it has in your case?) follow the procedure and advice elsewhere on the site, and good luck! But DG may well apply for that judgment to be set aside. I don't know how long they have to do that, but it seems unfair that a company with massive resources is able to get that done at all. But that's the way it is.

 

Hi Fox M, I have spoke to the court and they have assured me there is no backlog, the judge set the 31 May as the deadline, I filled in the request for judgement section on the original notice of issue form as the court advised and duly received a judgement for claimant (by default) dated early June, the court sent a copy to the bank and I sent a copy to the solicitors, nothing since - except to call the court to see if there were any late correspondance, was told no and that judgement was registered! hense my surprise that nothing has happened since.

[cookiecrumble2004]

Hi I'm still watching your thread with interest.

Just thought I'd let you know how I'm getting on with my claim. FD's AQ was due on the 21st May and by the 7 June had not been received. So I wrote to the court on 7 June asking for judgment. I've just spoken to the court and it appears they have now received the banks AQ and have accepted it!!! I was told a letter is in the post today and I have a court date of 27 Sept. I can't understand why the court accepted the AQ a month after the deadline and are prolonging the process further. I get the feeling the court is on the banks side.

 

I think it's time I started my own thread now!

[Talking Heads]

Hi Cookie, you should start a thread so we can monitor your progress, I find it hard to understand the courts position on this, some judges rap them for wasting the courts time some throw out the request for an AQ, surely they can see the banks are taking the qiss, so far I seem to be on track but am constantly reminded that the courts accept late filing of the banks Aq's, bet any money they would not accept any of us filing late.

 

I think I will wait until the end of June and see what happens.

[happynerd]

Aren't the solicitors meant to copy the claimants in on the correspondance, like we do with them? I've never received anything from them. I assume they must have completed an AQ because a couple of weeks after I sent in mine in to the court, I received an order from the court asking for infomation that seemed very biased towards the bank ... almost as if it was the banks draft order. But of course I have no way of knowing that because I've never received any correspondance from them.

 

Is this normal? Has anyone else received copies of things from them? How do I find out what they put in their AQ?

[smartellie]

Right, I'm sick of waiting for some response from either FD or DG, frankly I'm amazed this is just left with no one making any effort to stop the judgement and the consequences that would follow, should I phone DG, has anyone a phone number, I checked with the court and they have not heard anything!

I'm assuming it’s too late for them to lodge a defence!

 

hi TH

 

the phone number for DG 0121 455 2701,

 

if you have judgement in default don't take the chance that they realise they have cocked up and apply for it to be set aside, if not payment by the deadlien just send in the baliffs to FD with no further warning, you will get your money then.

 

best of luck

 

ellie

[Talking Heads]

Well, well, finally received a letter from DG, are applying to have the judgement setaside, have advised me that by virtue of the limitations act 1980 I am prevented from reclaiming charges applied more than six years prior to the date that I issued the claim, is that right! I read on hear that some people are going back further than six years.

 

They have also questioned the 8% interest charged, and made an offer which is lower than I would have expected, it will be interesting to see if the court set aside the judgement eventhough it was awarded 3 weeks ago. :-?

[Talking Heads]

hi TH

 

the phone number for DG 0121 455 2701,

 

if you have judgement in default don't take the chance that they realise they have cocked up and apply for it to be set aside, if not payment by the deadlien just send in the baliffs to FD with no further warning, you will get your money then.

 

best of luck

 

ellie

Hi Ellie

 

Crossed posts, I will wait and see what the court do next week.

 

Will update as soon as I hear anything.

[smartellie]

Well, well, finally received a letter from DG, are applying to have the judgement setaside, have advised me that by virtue of the limitations act 1980 I am prevented from reclaiming charges applied more than six years prior to the date that I issued the claim, is that right! I read on hear that some people are going back further than six years.

 

They have also questioned the 8% interest charged, and made an offer which is lower than I would have expected, it will be interesting to see if the court set aside the judgement eventhough it was awarded 3 weeks ago. :-?

 

HiI Th

 

sorry to hear that, you now have to wait and see what the court will say, theres half a chance that the judge will tell them to sling their hook as they had the opportunity to put their defence in within the time limits and you will still have the judgement in default. However, as you have claimed back over the six years and are claiming contractual interest the court may grant the applicationto set aside and you are back tofighting it out again.

 

re the limitations act, you can go back more than the six years as the court has a discretion to set aside under the Limitation Act, on a couple of threads there have been some successes. ( one of them was Bong v HSBC who went back 13 yrs and won) she also won onthe contractual interest point,this thread is a definite read for you if the court grants the application.

 

let me know how you get on

 

kind regards

 

ellie

[Talking Heads]

Banks use their muscle to get the Judgement set aside, not that I am surprised the trend seems to favour them, I am writing to DG and asking them to explain their offer as it does not make sense. I have rechecked the figures and they do not add up.

[Talking Heads]

Does anyone know how I amend the claim, it appears I have claimed charges that fall outside the limitations act, about 300.00, can I amend the claim! or do I have to repeat sme stage of the process! Ans I thought I was near the finish line. :?

[Fox Mulder]

See my latest post on my own thread:

 

http://www.consumeractiongroup.co.uk/forum/first-direct/61472-fox-mulder-first-direct.html?highlight=fox+mulder+vs+first+direct

 

I would advise don't be drawn on the questioning of the validity of specific sums in your claim. Certainly don't say anything along the lines of 'you're right, I'm wrong' because that's just not a good idea!

 

You'll see the bit in my draft letter where I reference, obliquely, the assertions DG makes in its derisory offer letter, and make it clear that I am not going to be drawn and that it will be up to the Court to make a decision on 'these and any other' matters (or some such - paraphrase at will!) if the claim is not settled in advance of the Court date at which both parties will be expected to attend (yeah right - fat chance!).

 

Remember, just because DG says something doesn't make it the case.

[smartellie]

Does anyone know how I amend the claim, it appears I have claimed charges that fall outside the limitations act, about 300.00, can I amend the claim! or do I have to repeat sme stage of the process! Ans I thought I was near the finish line. :?

 

hi TH

 

the process for changing the claim is to submit a form N244 i had to do this midway through my claim and i covered it on a number of logs on the main thread "allocation questionaires a new strategy" on roughly around page 36 -38, i don't know how to create and post links (sorry). However, as it stands,the court has not granted the application to set aside the judgement so you may not have to do anything at the moment it is DG who are having to run around by the sounds of it unless i am missing something, whats the state of play with their application, have you heard anything from the courts???

 

ellie

[Talking Heads]

Just been advised that the court are setting the judgement aside pending a review, also DG have written to me again saying we need to reply to their offer and keep the communication lines open, cheeky uckers, did not hear from them for months now twice in a week. Decision time. :-?

[Talking Heads]

Well I have rejected their offer and advised am ready for the next level, their tactics appear to be to wait as long as possible and then try and bully you. will advise as soon as I hear more.

[Fox Mulder]

I don't think whether you bank with them anymore has anything to do with their tactics. I mean, they've giving me the runaround and they have it on file that I'm a disabled customer and so you'd think, reasonably, they'd be less inclined to fight tooth and nail with me but no, they're being more irritating and dragging it out with me than with many other people. My claim is for just under £4k - or rather, it was, it just went over with compound interest mounting daily since the claim went in.

[Talking Heads]

Latest update is after rejecting the first offer I received another one today, within 100.00 of my 7.5K claim and I am going to take it, not going to fight any more, will take the money and run.

 

Why they did not just pay the first request, they would have saved on the costs and interest.

 

A lesson to all, do not be put off, thanks to all on here and as soon as I get the cash I will make a donation.

 

Many thanks.

[Talking Heads]

Had a chance to read the letter from DG in full last night and interestingly they have conceded, after I challenged it, to include the charges I claimed that were over 6 years, they claimed the limitations act 1980 excluded these, I have seen on other threads that people are beginning to go back further that 6 years and that now seems to be the way, it's gathering pace.

 

Again Good luck to you all.

[28bagk]

Well done TH - you did it!!!

 

I hope they don't take too long to send in the money.

 

Enjoy spending !!!

[Fox Mulder]

Well done TH! I haven't heard back from DG in response to my last letter yet but I'm fingers crossed!

[Talking Heads]

Hi Fox M, thank you for your help, I used paragraphs from some of your letters, I have to admit I almost took the first offer but decided to use some of your info and rejected it resulting in an improved offer much nearer the required sum, The kids want to go to Florida next year so guess where the money will end up. :cool:

 

Good luck to you and thanks.

[Fox Mulder]

I'm really pleased for you. I hope you winning such a sizeable claim on this basis bodes well for my own claim, which is for much less--and I'm keen to see how DG responds to my last letter switching to claiming 8 per cent after CI was busted wide open. I'm fingers crossed they acquiesce this time as I can't go lower. If they don't accept, there's no more room for haggling--it will be Court bundles and beyond.

[Fox Mulder]

Please if you can let us know how long it takes for the money to get to you. Did you sign one of those horrible 'won't talk won't claim again' contract sheets DG send out with almost every letter? Or sign and cross bits out?

[Talking Heads]

Please if you can let us know how long it takes for the money to get to you. Did you sign one of those horrible 'won't talk won't claim again' contract sheets DG send out with almost every letter? Or sign and cross bits out?

 

Hi Fox M, I just signed the declaration, after all it has not stopped us talking about it or me telling all and sundry they should do it, there are about 5 people at work who have started the process and I will guide them as much as I can, as for the payment, I have not received anything as yet, will let you know as soon as I get it.

[Talking Heads]

Well it took 7 days but the money arrived today, again thanks to all.

 

I need to find another way of making 6.5K LOL.