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Jester v First Direct
Oh sit ye down my fellow Forumites as I retell a story of intrigue, double-crossing, piracy and downright underhand tactics from the modern-day Pirates of this fair land we call Britain.
‘Twas on a dark and cold morn in January 2007 that I was to first hear ye dulcid tones of one Martin Lewis getting excitedly animated on GMTV and relaying tales of the growing unrest and upheaval that was gathering pace against the UK’s Major High-Street Banks. Now like many of you, I too had heard the legendary tales of yore of the common people rising up against the Pirates Of The High Street and reclaiming all that was rightfully theirs. But up until this point I had dismissed such action as a complete waste of time. But this man we know as Martin Lewis had a strangely persuasive manner about him and I found myself hooked as I heard him regaling us with tales of how people had claimed hundreds, nay thousands, of British Pounds from these modern day pirates. So I chose to visit yonder MSE website and learn how this could be achieved.
Armed with the information (templates) of MSE, I decided to join this band of modern day revolutionaries and take up the cause, hoping that one day I would discover my treasure chest that had long been secreted away from my possession. I set sail upon the good ship ‘Bank Charge Reclaim’, took my sword (OK, it was a mouse and keyboard) and proceeded to do battle with First Direct (hitherto referred to as First Pirate).
A few weeks later, I received the required information back from First Pirate and proceeded to count up how much treasure they had plundered from my account over the past 6 years. What I was to discover staggered my belief at what was possible by these brigands.
The charges totaled £6767.12. I then added the interest at the statutory rate and found I was staring at a whopping £8187.46 waiting to be reclaimed from First Pirate. So, the long journey began.
·13th March 2007 – Wrote initial letter to First Pirate requesting reclamation of all charges applied to my account on the basis that I felt they were unlawful based on Unfair Terms in Consumer Contract Regulations, including supporting evidence
·23rd March 2007 – Received standard letter back from First Pirate stating that they felt the charges were all above board and that they were refuting my claim.
·23rd March 2007 - Immediately wrote back to First Pirate reiterating my claim and notifying them of my intent to file a claim against them through the Court system if they persisted in what I viewed as an unsatisfactory response. I clearly stated a timescale of 14 days in which they should reply. I received no response whatsoever from this communication.
·8th May 2007 – On receiving no response from First Pirate, I filed a Claim against them with Her Majesty’s Court Service online – Money Claim Online.
·27th May 2007 – Received notification from MCOL that the Defendant would be defending the claim and that it was being transferred to Swansea County Court (later transferred again to Cardiff County Court).
·7th June 2007 – Received communication from Cardiff County Court of the date of 14th August 2007 for the hearing and that both parties may make representations either in person or through written representations provided a copy is sent to the Court and the other side at least 7 working days prior to the hearing.
·23rd June 2007 – I sent my copy of all the relevant forms and supporting evidence both to the Court and the Defendant by recorded delivery. I also asked that the Defendant provide both the Court and I with details of the basis of their defence and a breakdown of how they arrive at the charges within 28 days. The Defendant never responded to this request.
Up until this time, I was gainfully employed and earning a not inconsiderable crust from my profession. Therefore, the costs incurred in taking things this far was not of particular concern. However, during this period, things were to take a turn that was decidedly for the worst.
On 5th July, I found myself unemployed for the very first time in my life. All of a sudden, the only income I had was the JobSeekers Allowance of £59 per week. I had enough to see me through for about 6-8 weeks, but after that I was going to be in serious financial trouble if I did not find myself suitable employment.
·30th July 2007 – Wrote to the Court notifying of the Defendant’s failure to comply.
·4th August 2007 – Received letter from D&G Solicitors (defendant’s solicitors) informing me of their decision to apply for a ‘Stay’ on my claim. This was the first time through the whole aforementioned series of events that D&G Solicitors have ever deemed to make contact with me (though I have also tried unsuccessfully on many occasions to contact them by phone).
·6th August 2007 – Telephoned the Court to ask what is happening in light of the communication received from D&G Solicitors. Informed by the Court that a Stay has been placed on all such claims and that there was no need for my attendance on 14th August. The Court also informed me that I can apply to have the Stay removed and that the usual £35 fee is being waived.
·6th August 2007 – Immediately placed an application to have the Stay annulled. This was subsequently denied (though it took several weeks before I was informed of this)
By chance, I had posted all of this information on the MSE forum as by now I believed that I was well and truly sunk. My funds had all gone, I was still no nearer finding employment (despite getting several interviews) and my finances were very tenuous. I was simply bidding goodbye and good luck to every one else trying to make claims as I now knew that I would simply not survive financially until the outcome of the OFT Test Case against the Banks. However, it was suggested to me that I should chance my arm with the Financial Ombudsman Service.
Personally, I did not think that the FOS would be interested in my case whatsoever because I had gone down the County Court route (even though my case had not been heard). To my great surprise, the FOS responded positively to my pleas for help in my battle against First Pirate. I received notification that the FOS had instructed First Pirate to deal with the matter and that they would have to contact me with a resolution within 8 weeks.
I fully expected First Pirate to take the full 8 weeks to reply, but within three days, they were in touch with my asking to do a review of my finances to see how deeply in financial hardship I really was. The review proved to them that I am in really deep financial hardship and that I have the threat of a repossession order from my mortgage providers, several creditors threatening action, arrears on other accounts and even some DCA’s starting to pursue me.
Unfortunately, First Pirate were not sympathetic in the least. Following my phone conversations with them, they still refused to even talk about the Charges Reclaim that was stuck in the court system, stating it was outside of their control and in the hands of their solicitors.
Furthermore, First Pirate then proceeded to remove all of my banking facilities and place my account in the hands of a DCA - not very helpful at all. I simply informed them that they would have to join the queue on that front. I also informed them that the agreement with the OFT meant that they were obliged to deal with cases of financial hardship, but they refused to acknowledge this and are simply playing the hard-line.
I have informed First Pirate that I will be taking this further with the FOS as I do not believe that First Pirate have acted in anything like a satisfactory or sympathetic way (as they were instructed to by the FOS).
I am now awaiting the written confirmation from First Pirate as to the course of action they are taking. Once I have this in writing, I shall be taking the matter further with the FOS and pointing out that First Pirate are blatantly disregarding the waiver in the OFT Test Case Agreement that cases of Financial Hardship would be dealt with. Furthermore, they are also disobeying the FOS directions to them that they must deal with this matter.
I have been talking to Amethyst here on Legal Beagles for quite some time through PM’s, but until this moment in time have not posted anything on the Forum.
Amethyst informs me that the main discussion points in taking this further should be:
1)The account should not have been passed over to a DCA as it is in Dispute.
2) First Pirate failing to handle a complaint ordered by FOS
3) Retaliatory Action for removing my account facilities.
Amethyst has asked me to post this story here on the Forum so that everyone can read, hopefully learn from my story and also that we can then have an open discussion as to the options still open to me to take this forward and get some action agreed.
I should point out that my financial position is still extremely tenuous and that I am not sure of how much longer I can keep my head above water. So it is possible that I may disappear from the Forum for prolonged periods if my house is repossessed.
On a personal note, I would like to publicly thank both Amethyst and Toolz for helping me get this far. I know that most of you Forum regulars will not have heard of me before, but I have been talking to Amethyst and Toolz for quite some time and I would not have got this far had it not been for their invaluable assistance, encouragement and advice.
‘Twas on a dark and cold morn in January 2007 that I was to first hear ye dulcid tones of one Martin Lewis getting excitedly animated on GMTV and relaying tales of the growing unrest and upheaval that was gathering pace against the UK’s Major High-Street Banks. Now like many of you, I too had heard the legendary tales of yore of the common people rising up against the Pirates Of The High Street and reclaiming all that was rightfully theirs. But up until this point I had dismissed such action as a complete waste of time. But this man we know as Martin Lewis had a strangely persuasive manner about him and I found myself hooked as I heard him regaling us with tales of how people had claimed hundreds, nay thousands, of British Pounds from these modern day pirates. So I chose to visit yonder MSE website and learn how this could be achieved.
Armed with the information (templates) of MSE, I decided to join this band of modern day revolutionaries and take up the cause, hoping that one day I would discover my treasure chest that had long been secreted away from my possession. I set sail upon the good ship ‘Bank Charge Reclaim’, took my sword (OK, it was a mouse and keyboard) and proceeded to do battle with First Direct (hitherto referred to as First Pirate).
A few weeks later, I received the required information back from First Pirate and proceeded to count up how much treasure they had plundered from my account over the past 6 years. What I was to discover staggered my belief at what was possible by these brigands.
The charges totaled £6767.12. I then added the interest at the statutory rate and found I was staring at a whopping £8187.46 waiting to be reclaimed from First Pirate. So, the long journey began.
·13th March 2007 – Wrote initial letter to First Pirate requesting reclamation of all charges applied to my account on the basis that I felt they were unlawful based on Unfair Terms in Consumer Contract Regulations, including supporting evidence
·23rd March 2007 – Received standard letter back from First Pirate stating that they felt the charges were all above board and that they were refuting my claim.
·23rd March 2007 - Immediately wrote back to First Pirate reiterating my claim and notifying them of my intent to file a claim against them through the Court system if they persisted in what I viewed as an unsatisfactory response. I clearly stated a timescale of 14 days in which they should reply. I received no response whatsoever from this communication.
·8th May 2007 – On receiving no response from First Pirate, I filed a Claim against them with Her Majesty’s Court Service online – Money Claim Online.
·27th May 2007 – Received notification from MCOL that the Defendant would be defending the claim and that it was being transferred to Swansea County Court (later transferred again to Cardiff County Court).
·7th June 2007 – Received communication from Cardiff County Court of the date of 14th August 2007 for the hearing and that both parties may make representations either in person or through written representations provided a copy is sent to the Court and the other side at least 7 working days prior to the hearing.
·23rd June 2007 – I sent my copy of all the relevant forms and supporting evidence both to the Court and the Defendant by recorded delivery. I also asked that the Defendant provide both the Court and I with details of the basis of their defence and a breakdown of how they arrive at the charges within 28 days. The Defendant never responded to this request.
Up until this time, I was gainfully employed and earning a not inconsiderable crust from my profession. Therefore, the costs incurred in taking things this far was not of particular concern. However, during this period, things were to take a turn that was decidedly for the worst.
On 5th July, I found myself unemployed for the very first time in my life. All of a sudden, the only income I had was the JobSeekers Allowance of £59 per week. I had enough to see me through for about 6-8 weeks, but after that I was going to be in serious financial trouble if I did not find myself suitable employment.
·30th July 2007 – Wrote to the Court notifying of the Defendant’s failure to comply.
·4th August 2007 – Received letter from D&G Solicitors (defendant’s solicitors) informing me of their decision to apply for a ‘Stay’ on my claim. This was the first time through the whole aforementioned series of events that D&G Solicitors have ever deemed to make contact with me (though I have also tried unsuccessfully on many occasions to contact them by phone).
·6th August 2007 – Telephoned the Court to ask what is happening in light of the communication received from D&G Solicitors. Informed by the Court that a Stay has been placed on all such claims and that there was no need for my attendance on 14th August. The Court also informed me that I can apply to have the Stay removed and that the usual £35 fee is being waived.
·6th August 2007 – Immediately placed an application to have the Stay annulled. This was subsequently denied (though it took several weeks before I was informed of this)
By chance, I had posted all of this information on the MSE forum as by now I believed that I was well and truly sunk. My funds had all gone, I was still no nearer finding employment (despite getting several interviews) and my finances were very tenuous. I was simply bidding goodbye and good luck to every one else trying to make claims as I now knew that I would simply not survive financially until the outcome of the OFT Test Case against the Banks. However, it was suggested to me that I should chance my arm with the Financial Ombudsman Service.
Personally, I did not think that the FOS would be interested in my case whatsoever because I had gone down the County Court route (even though my case had not been heard). To my great surprise, the FOS responded positively to my pleas for help in my battle against First Pirate. I received notification that the FOS had instructed First Pirate to deal with the matter and that they would have to contact me with a resolution within 8 weeks.
I fully expected First Pirate to take the full 8 weeks to reply, but within three days, they were in touch with my asking to do a review of my finances to see how deeply in financial hardship I really was. The review proved to them that I am in really deep financial hardship and that I have the threat of a repossession order from my mortgage providers, several creditors threatening action, arrears on other accounts and even some DCA’s starting to pursue me.
Unfortunately, First Pirate were not sympathetic in the least. Following my phone conversations with them, they still refused to even talk about the Charges Reclaim that was stuck in the court system, stating it was outside of their control and in the hands of their solicitors.
Furthermore, First Pirate then proceeded to remove all of my banking facilities and place my account in the hands of a DCA - not very helpful at all. I simply informed them that they would have to join the queue on that front. I also informed them that the agreement with the OFT meant that they were obliged to deal with cases of financial hardship, but they refused to acknowledge this and are simply playing the hard-line.
I have informed First Pirate that I will be taking this further with the FOS as I do not believe that First Pirate have acted in anything like a satisfactory or sympathetic way (as they were instructed to by the FOS).
I am now awaiting the written confirmation from First Pirate as to the course of action they are taking. Once I have this in writing, I shall be taking the matter further with the FOS and pointing out that First Pirate are blatantly disregarding the waiver in the OFT Test Case Agreement that cases of Financial Hardship would be dealt with. Furthermore, they are also disobeying the FOS directions to them that they must deal with this matter.
I have been talking to Amethyst here on Legal Beagles for quite some time through PM’s, but until this moment in time have not posted anything on the Forum.
Amethyst informs me that the main discussion points in taking this further should be:
1)The account should not have been passed over to a DCA as it is in Dispute.
2) First Pirate failing to handle a complaint ordered by FOS
3) Retaliatory Action for removing my account facilities.
Amethyst has asked me to post this story here on the Forum so that everyone can read, hopefully learn from my story and also that we can then have an open discussion as to the options still open to me to take this forward and get some action agreed.
I should point out that my financial position is still extremely tenuous and that I am not sure of how much longer I can keep my head above water. So it is possible that I may disappear from the Forum for prolonged periods if my house is repossessed.
On a personal note, I would like to publicly thank both Amethyst and Toolz for helping me get this far. I know that most of you Forum regulars will not have heard of me before, but I have been talking to Amethyst and Toolz for quite some time and I would not have got this far had it not been for their invaluable assistance, encouragement and advice.
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