Gensha V First Direct

[Gensha]

Have spent hours and hours reading threads on this site and following the very helpful advice given. I am claiming £3,900 back from First Direct. Have put my claim into the SMC having received two rejection letters from FD. First Direct rang me late last week and left a message saying, "unfortunately we cannot make you an offer now you have gone to Court. You will have to wait to hear from our solicitors".

 

I am now going to send a schedule of charges to DG and wait to see if they settle. I can ask for judgement if they have not made a defence by 29th May 2007.

 

It's getting scary now and I am thinking about my Court bundle....

 

In my view, I think the Lloyds judgement was because the judges are getting hacked off with dealing with these claims, especially when so many of the banks have no intention to enter a defence. I think the judges want it sorted one way or another and they are looking for an opportunity to get a case into the High Court so a decision is made either way about the legality of bank charges.

 

Anyway THANK YOU TO ALL WHO POST ON THIS SITE - If I am successful I will definately be making a contribution!

[Gensha]

Just checked MCOL and FD have filed a defense...guess I will have to wait now to receive a copy of this and my AQ.

[Gensha]

Can anyone help me please? Even though I have spent hours reading this site, I obviously haven't read enough! Just realised that I have not asked FD for a copy of my Terms and Conditions, neither have I asked them to give me details of any manual intervention on my account. Should I write to them or to DG asking for this now...?

 

Also, I have not received anything through the post, either from MCOL or DG. I should have had a copy of the notice of issue and the acknowledgement but neither have arrived. I have e mailed MCOL to ask them to send again but still have received nothing. I have checked they have the right address.

 

I am currently waiting for a copy of the defence from FD...hope that arrives...Any advice would be gratefully received.

[smartellie]

Can anyone help me please? Even though I have spent hours reading this site, I obviously haven't read enough! Just realised that I have not asked FD for a copy of my Terms and Conditions, neither have I asked them to give me details of any manual intervention on my account. Should I write to them or to DG asking for this now...?

 

Also, I have not received anything through the post, either from MCOL or DG. I should have had a copy of the notice of issue and the acknowledgement but neither have arrived. I have e mailed MCOL to ask them to send again but still have received nothing. I have checked they have the right address.

 

I am currently waiting for a copy of the defence from FD...hope that arrives...Any advice would be gratefully received.

 

 

hi Gensha

 

i was searching for the same thing myself today, i found a thread

first direct terms and conditions 2003 onwards,this is the link address

 

http://wwwconsumeractiongroup.co.uk/forum/firstdirect/91244-firstdirect-t-c.html

 

i hope i have copied it ok as i have not figured out this copying threads onto these messages.

 

FD's solicitors are called DG solicitors based in birmingham they will file an acknowledgement and a defence, thy do it at the last minute, but in they don't contact the court and file for judgement in default. if they do file a defence, don't panic as there is plenty of help on this site and the threads. Once they file a defence you will need to submit an allocation questionnaire, if you go onto the thread a Allocation questionnaires a new strategy, its very long but contains an awful lot of good info for the next stage of your claim.

 

have you claimed interest as there is a spreadsheet on this site to help with the calculation, i have kept mine to stat interest only not contractual interest you have to make your own mind up on that one, read the threads it is a lively debate

 

regards

 

ellie

 

http://wwwconsumeractiongroup.co.uk/forum/firstdirect/91244-firstdirect-t-c.html

 

thread link address

[Gensha]

Thanks for that Smartellie. First Direct have filed a defense (The MCOL site tells me this) It says this will now be referred to Court but as yet I have heard nothing at all through the post from MCOL, the Court or DG. I have written twice to DG solicitors but have received no reply...all seems to be quiet!

 

I am not sure what to do next as I don't have any Court details yet so don't know what Court to contact...any ideas? I do intend to write to DG every ten days as suggested on this site, in order to demonstrate my willingness to settle. Any advice would be gratefully received.

 

Gensha

[damjef]

Hello Gensha,

Just be patient as the court will reply with a Notice of transfer (Coventry County Court?) possibly along with an AQ.

Regarding manual intervention I would be inclined to send a further letter "Recorded Delivery" to FD asking if any manual intervention had taken place when the charges where applied to your account and if that is the case could they provide the necessary information stating this. Wether you receive a reply or not is a different matter but the fact is you asked and that could possibly prove an important point further down the line.

Can any body else clarify or offer an alternative?

Hope this helps and Good Luck...

[Gensha]

Thank you for that Damjef, I will take your advice and do that tomorrow. I did write to DG and asked the same but will also approcah FD direct and ask. Can't lose anything by asking even if I don't get a reply. I am a bit nervous of ending up in Court because I am well known in the local Court through my work so it wouldn't be easy but....... will do if thats what it takes to nail the theiving bankers! Thanks again.

[damjef]

Hello Gensha,

just been reading a few posts and I noticed that you have received a decent offer, Looks like hassling D&G worked! Well Done:D

Ps: Have a nice holiday!

[Gensha]

Thanks Damjef... I was suprised to be honest because I hadn't even had a Court date... Still, I am not complaining thats for sure! I know there is somewhere on this site where you can add to the totals of what has been reclaimed but I don;t know where it is...any ideas? I also want to donate to the site once I have the money...

 

I am happy to help anyone else - this site and the advice has been invaluable and without it, I wouldn't even have got started..I mentioned it at work and we are thinking of setting up a 'reclaim your bank charges' session one lunch time to help other staff! lol. The banks haven't seen the worst of it yet!

 

Hope you get yours sorted out soon (And I am sure you will)

 

Gensha

[Mihail]

Hi Gensha

I've just received a "Notice that Acknowledgement of Service has been Filed" reply from FD, dated 6 June, giving the Dg Solicitors' address as you.They have 28 days to file a defence.

I am requesting £4592.50 plus £229.60 in overdraft interest, totalling £4822.10.

What's my next step?

I tried that TnC link that Smartellie kindly posted on 28 May but it wasn't working.

Cheers

Mihail

[Gensha]

Hi! Because you have now filed with MCOL the bank won't deal with you as it will be passed to their solicitors. They have 28 days from when your MCOL was served, not from now, to file a defence. If you are not sure of the date, use the MCOL helpline, they are really helpful.

 

DG probably WILL files a defence and at that point you willl get a copy of this through the post after a few days. If I were you I would;

 

* Check when they have to file their defence by.

* Write to DG (You will find standard letters on this site) but just basically giving your claim number etc and saying that you would be happy to hear from them to arrange to settle before the matter gets to Court and wastes judicial time.

* Write to DG every ten days or so with similar letters including 'I am suprised I haven't heard from you' (If you haven't).

 

They will probably wait until they have filed their defence before they make you an offer. If they do defend then there is a good letter on here suggesting that you write to the judge and ask him to make directions forcing DG to disclose their actiual charges. I sent that to the judge with a copy to DG it was then that I received an offer. Let me know if you get this far and I will find you the letter.

 

They might even wait until a Court date has been issued but don't panic, just keep sending them letters every ten days - YOU WILL GET YOUR MONEY!

 

Hope this helps - GOOD LUCK

[Gensha]

Sorry Milhail, I should have added, it is worth pointing out in your letter to DG that if it goes to Copurt you will be claiming interest at 8% which will cost them considerably more, but if they settle before Court you are content with the actual charges, interst they have charged you and Court costs. This will save them about £1,000.

 

If they DO make you an offer without the 8% interest before you get to Court you MUST accept it. You are only entitled to add interest if it actually gets to Court and the site is clear that the judge will be cross if a full amount offer is rejected just because the claiment wants to get it to Court to add additional interest to the payment. Hope that helps.

 

Gensha

[JesterM]

Hi! Because you have now filed with MCOL the bank won't deal with you as it will be passed to their solicitors. They have 28 days from when your MCOL was served, not from now, to file a defence. If you are not sure of the date, use the MCOL helpline, they are really helpful.

 

DG probably WILL files a defence and at that point you willl get a copy of this through the post after a few days. If I were you I would;

 

* Check when they have to file their defence by.

* Write to DG (You will find standard letters on this site) but just basically giving your claim number etc and saying that you would be happy to hear from them to arrange to settle before the matter gets to Court and wastes judicial time.

* Write to DG every ten days or so with similar letters including 'I am suprised I haven't heard from you' (If you haven't).

 

They will probably wait until they have filed their defence before they make you an offer. If they do defend then there is a good letter on here suggesting that you write to the judge and ask him to make directions forcing DG to disclose their actiual charges. I sent that to the judge with a copy to DG it was then that I received an offer. Let me know if you get this far and I will find you the letter.

 

They might even wait until a Court date has been issued but don't panic, just keep sending them letters every ten days - YOU WILL GET YOUR MONEY!

 

Hope this helps - GOOD LUCK

 

Hi,

 

I'm new to this site. I'm at the stage where the court proceedings against First Direct have been transferred to my local court (Swansea) and then transferred again to Cardiff. I've been reading this thread with interest. Where can I find these letter templates you speak of because I have searched but cannot find them ?

 

Cheers

[Gensha]

Hi Jester,

 

I am not sure how to cut n paste onto this site but I think if you go to the homepage you will find information about every stage of the process. If you don't have any luch e mail me on annlowe1@btinternet.com and I will forward you the letters that I sent. Hope that helps!

[Mihail]

Hi gensha

Thanks for the tips

have you got another link for the terms and conditions? The one Smart Ellie sent I can get to work:

http://wwwconsumeractiongroup.co .u...irect-t-c.html

Kind regards

Mihail

[JesterM]

Hi Jester,

 

I am not sure how to cut n paste onto this site but I think if you go to the homepage you will find information about every stage of the process. If you don't have any luch e mail me on annlowe1@btinternet.com and I will forward you the letters that I sent. Hope that helps!

 

Hi Gensha,

 

Thanks for that. I'll spend some time looking around to see if I can find it. As it happens, I have started my own thread on here now because I've now got as far as a court date. Now that I have the Judge's name I think I am going to write to him about what is happening as I know the bank is not going to turn up to defend and I believe the Judge realises that too.