About to start action against FD

[owlycheese]

HI - this is my first posting. Have been pursuing pay back of charges against First Direct. Have got to stage of issuing LBA but they are still refusing to pay - I'm guessing because of the amount I'm claiming - £5,365. Am now ready to start court action but am worried that due to amount I can't use small claims system. Not sure whether to reduce my claim to just under £5,000. Any advice? Don't want a nightmare scenario of going the whole way, losing and having to pick up bank's costs. This doesn't seem likely from everything I've heard and read but has anyone been in a similar situation who can advise? Has FD settled on this size of claim - and at what stage?

[givememymoney]

You should still request to go down the small claims track with this case unless it is way over the £5k limit. These cases are just a question of fact as the law is pretty clear. Loads of people have had claims over the limit go down the small claims track and won even though the amount they are asking for is over the limit

[dar£n]

As 'GMMM' says even tho it is over £5000, the judge could still allow it to remain in the small claims track, if both parties agree to it, and if HSBC dispute it, they have to show grounds on doing so.

Is your claim before the interest? if so, nice tidy sum coming your way friend..

 

good luck

[owlycheese]

Started Court proceedings against FD this week. Have received Notice of issue from MCOL. They have confirmed they have sent my claim to FD on May 2nd and will consider it to served on May 7th. My claim is for £5365 plus interest and my costs. Now I just need to sit back and await their reply ! Will keep you posted.

[owlycheese]

well - after submitting claim via MCOL I sat waiting for 14 days for FD to submit their defence. They didn't and so 14 days to the minute after submitting the claim I requested on-line that judgement be entered against the Defendant. I have now received written confirmation from MCOL that they have done this on May 22nd.

 

Haven't heard from FD yet - but presuming I will soon. Anyone else had a similar experience? How long should I be waiting for FD to pay up?

[Zactheboy]

I do hope they do that with mine.....saves a whole load of trouble filling forms out and having them stretch everything out.

 

I am sure someone will know how long before you can send the Baliff in?

[owlycheese]

Checked my bank balance this morning - and FD have credited my account for the £5365 I was claiming plus the £250 it cost me using MCOL. No sign of the interest I was claiming but I'm not complaining. It would appear they are overstretched. It has cost them £250 more (drop in the ocean to them I know) by forcing me down the legal route and then they didn't even submit an acknowledgement or defence. Can only assume they were too busy to get round to it. Good luck to those of you still pursuing claims - don't give up !

[Fox Mulder]

I, too, have won by default against FD! I found out today, well over a week since a defence should have been filed.

 

No defence was filed, my Request for Judgement has just gone back and it's going to wind up costing the bank at least £250 more than if it had settled when I made my first demand for payment. Tough! I'm kind of shell-shocked but very, very happy...

 

Now I just want to know how long before I get the money! x