First Direct - (merged)

alisonjs

evab wrote:

Checked MCOL and FD have now put in a defence, so waiting for the AQ. I was hoping they might have made me an offer but no such luck, I'm not whimping out now not much more to do!

Here's still waiting and hoping, have everything crossed now.

I think I'm about to start my claim on MCOL. What happens if they succesfully defend their case and we lose? I'm really worried.

nickmack

alisonjs wrote:

I think I'm about to start my claim on MCOL. What happens if they succesfully defend their case and we lose? I'm really worried.

If you have followed the guide this scenario is extremely unlikely. The vast majority of cases are being settled without going to court. If by some very small chance you did lose, you shouldn't be eligible for any legal costs.

Rachyb_3

Hi,

Recently started this process and found FD to be really quick, got statements by courier pretty much couple days after i requested them.

All good so far, even had a letter offering 520.00 for my claim (which was including interest 840.00). Noticed from reading post's that they dont acknowledge interest but im still going to claim for it.

My questions are these..

: checked the what u can claim for and what u cant and i thought you could claim for a recall fee? 37.50 but in FD ltr they said that cant be refunded and minused it off my balance. Is this correct?

Also, should i just continue with court process or should i write saying i accept 520.00 as partial payment but will still be proceeding with claim??

Any help with this wld be appreciated. Shame lloyds tsb arnt as quick, seem to be really dragging there heels!!

Thanks
Rach

Harmudge_2

I have just recieved the offer letters for my two First Direct accounts

Amount Claimed: Sole Acc. £1680.00 + £378.42 interest
Joint Acc. £1502.50 + £305.51 interest


They have offered £1275.00 and £620.00

They are not prepared to review a claim for Recall Fees or any additional interest.

Not sure what to do now, do I just run with what they have offered or should I take the next step? I guess I am worried they will end up paying nothing!:rolleyes:

Edinburghlass_2

This seems to be coming up with FD, can I ask what they mean by a "recall fee"?

I would guess that your answer to that would be "well we will see what the courts decide"

They won't include any interest in their offer as they aren't obliged to and its only if it does reach the court stage that the interest will be included.

Harmudge_2

Edinburghlass wrote:

This seems to be coming up with FD, can I ask what they mean by a "recall fee"?

I would guess that your answer to that would be "well we will see what the courts decide"

They won't include any interest in their offer as they aren't obliged to and its only if it does reach the court stage that the interest will be included.

The recall fee I think is the unpaid direct debit fee?

Edinburghlass_2

Well if that is the case I would suggest you send your refusal letter back saying that you will let the court decide if this charge is claimable or not.

There seems to be no rhyme nor reason to First Direct as some claims are paid out quick in full and others they are disputing in this way.

alisonjs

Question - my amount INCLUDING interest exceeds the maximum of £5000 I can claim through MCOL/small claims court.



I'm being really thick, I'm sorry.:o

In Martin's guide to the process he says:

Small claims in England and Wales are cases under £5,000, that’s before any statutory interest is added; those asking for more than that may want to consider lowering the asking amount (even if your earlier letters demanded more) to minimise the risk.

So does that mean that as the fees amount EXCLUDING interest is under £5k, I can go ahead and claim via MCOL and THEY will add on the interest if I win? I did notice from MCOL and the template text this site suggests you paste in, that you state that you're claiming the fee amount and hte interest, but that take me over the £5k limit.

Or should I just exclude a few fees off the end of the period to bring the total INCLUDING interest under the limit of £5000? I guess I can always claim for those in a seperate claim if I want to.

I'm sorry I'm being a total pain, I just want to get this right.

Edinburghlass_2

Sorry but due to a site glitch the post I just merged with this thread has been lost and I don't know the user name of who posted. However you can read of other FD's user's claims in this thread.

Fortunately just found an open window with the post I had lost...

<table id="post4438076" class="tborder" _base_target="_self" align="center" border="0" cellpadding="4" cellspacing="0" width="100%"><tbody _base_target="_self"><tr _base_target="_self"><td class="thead" style="font-weight: normal;" _base_target="_self">Today, 6:37 PM <!-- / status icon and date --> </td> <td class="thead" style="font-weight: normal;" _base_target="_self" align="right"> #1 <input name="plist[4438076]" id="plist_4438076" style="margin: 0px 0px 0px 5px; padding: 0px; vertical-align: middle;" value="0" onclick="inlineMod.toggle(this)" _base_target="_self" type="checkbox"> </td> </tr> <tr _base_target="_self" valign="top"> <td class="alt2" _base_target="_self" width="175"> Harmudge <script type="text/javascript" _base_target="_self"> vbmenu_register("postmenu_4438076", true); </script>
Newbie MoneySaver


Join Date: Jan 2007
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</td> <td class="alt1" id="td_post_4438076" _base_target="_self"> <!-- icon and title --> How Long to Pay Out...Especially First Direct
<hr style="color: rgb(102, 0, 0);" size="1"> <!-- / icon and title --> <!-- message --> Having recieved my offer letter on Saturday.......!!

Those who have accepted the offer from their bank, how long did it take for them to send you your cheque, once you had sent your acceptance of the offer back?
</td></tr></tbody></table>

lmeehan67

Harmudge, i didnt receive a cheque, they put the money into my account, i would say about 4 or 5 days after i had sent my acceptance back.