First Direct - (merged)

Elsie2_2

Hi all. Well i have heard nothing from First Direct since i sent my letters to them.
I have gone through the MCOL process and their 28 days expired last week. They have enetered a defence and the nice poeple at the MCOL tell me they are sending me a copy of their defence.
I have today recd a letter from the court advising it has been transferred to my local court and i need to fill in their questionnaire.
Today, i get a call from the collection agency who has my outstanding debt from first direct. I didn't get to discuss what they wanted though as my mobile cut them off and by the time i rang them back, the office had closed. So i'm a little worried now as i don't know what they want and am worrying that First Direct have told them that i am chasing my charges and they are ringing me to tell me that they want the full money or something. Eek.
Has anyone ever actually had to go to court with first direct?

Ian_Stevens

First thing Monday I'll be sending a request to First Direct for the last 6 years statements and then start to trawl through them highlighting all charges-could take a while.
Thanks for the advice guys I'll keep you posted on my progress-hopefully they won't tell me where to go!!!!!!!1

onamission_2

I got an offer of 1698 after sending first letter. took a week in total- am claiming 1998.

Elsie2_2

I've had my defence from First Direct. It reads:

1. The claimants account is governed by the defendants personal and or business banking terms and conditions.
2. Pursuant to te defendants terms and conditions the defendant is entitled to make a charge for its services as set out in the defendants price list, including an overdraft review fee for considerng whether to provide and providing an overdraft.
3. The defandant denies that the charges applied to the claimants account amount to penalties at common law and/or unfair contract terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999 (UTCCRs).
4. The charges applied to the claimants account are reasonable and are properly and fully disclosed in the defendants terms and conditions and published price list. The charges represent the contractually agreed price for the services provided and the UTCRRs are not applicable to them; alternatively, they are not unfair contrary to the UTCCRs. Further, the charges are not default charges and accordingly, cannot amount to a penalty.
5. Save as set out above, each and every allegation made by the claimant is denied. For the reasons set out above, it is denied that the claimant is entitled to the relief claimedor any relief.

Well, why didnt they just say that??? I understand now, its perfectly acceptable to charge me.............NOT!!!!!! :mad:

sammyannie

I've had an offer of 2635 against a claim of 3100 and have spent the last week trying to make up my mind as to whether or not to accept! I was thinking about giving them a ring but from previous postings it looks as if FD does not like to do things over the phone.
I am now thinking of responding to say that like them, I also do not want to go to court and would be willing to settle for 2900 (this was the amount I had in mind all along) and then give it a couple of weeks to see if I get a better offer.

However if they don't make this offer, I would then sign my acceptance of their offer of 2635 as long as it's within the 8 week period stipulated?
Has anyone else done this?

Wootang

I have just written my third letter to First Direct. With interest I am trying to claim close to £5,000.00. This is made up of Excess Overdraft Fees only.

I received a letter from them saying that it can't be reclaimed as it is all in their Terms & Conditions etc etc.

Am I right in thinking this is a usual response. I have seen in many cases FD have simply offered a settlement straight away, but fully expected them to resist due to the amount of the claim, and wouldn't be surprised if I have to get to the Court stage.

I just wanted to check others expereince with First Direct with this level of claim, and for any of you where FD entered a defence what was the eventual outcome.

Would really appreciate help on this.

Kurt_Hamster

It's the typical stalling letter.

Maintain the deadlines you have given them.

The time for easy payouts (for any amount) is rapidly disappearing due to the sheer number of people now claiming. The banks are trying to weed out the claims using an assault course type mentality, i.e. put enough hurdles in the way and the weak-willed will fall by the wayside.

stubie

Hi Wootang,

First Direct have just paid out 2k to me, so maybe they are looking at the amount of your claim and being awkward.

Take them all the way, I'm sure they will give in

"I received a letter from them saying that it can't be reclaimed as it is all in their Terms & Conditions"

This might relate to any interest that you have tried to claim....that normal

Stubie

P.S Sent first letter, got statements, sent claim, FD offered to settle, all in all around 50 days!

Volcano

All standard stuff for Farce Direct.

Smaller claims are paid up quickly, larger ones are made more awkward. As ever, stick to the script and they will cave.

The forum on consumeractiongroup have one specific to FD and I recommend you consult these as you are certainly are on the upper end with a claim that size and they will definately be awkward.

I might be wrong but there is a maximum limit with small claims that might be around the 5K mark? If this turns out to be true then you may need to divide your claim into smaller amounts. Again, check the aforementioned forum for more accurate advice.

katy3

does anyone know how long it takes for first direct to pay out as I am sending my acceptance letter back today