Claim back any unfair bank charges! Article Discussion Area

family_life_2

Hi Shaun. Could you just give me one more piece of help please? I have listed below the copy of the letter I sent with the charge sheet supplied via the other website. I know you said that I should start filling in the court paperwork but I have noticed that I said on my previous letter that I would send them a 14 day 2nd chance offer as such. the letter is as follows.

Lloyds TSB,
10, Swallow Street,
Birmingham.
B1 2AL


31/8/2006


Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXXX


My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent consumer regulations. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
I consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken a total of £997-50.
I enclose a schedule of the charges which I am claiming with this letter


My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.









Yours faithfully,


thanks for your help again Shaun.

Best wishes.

Family life.

tenuissent

"no accounts (to my knowledge) have been closed since the oft statment and if they were to do so then they would have to give 30 days notice"

Very good point, thanks.

Do we have to claim separately for bank fees and late payment credit card fees? Or should I lump them all in together in the same letter to A&L?

MBNA does the A&L VISA credit card and I am not clear whether they are a completely separate company from A&L, so maybe I should tackle them separately?

shaun1977

tenuissent wrote:

"no accounts (to my knowledge) have been closed since the oft statment and if they were to do so then they would have to give 30 days notice"

Very good point, thanks.

Do we have to claim separately for bank fees and late payment credit card fees? Or should I lump them all in together in the same letter to A&L?

MBNA does the A&L VISA credit card and I am not clear whether they are a completely separate company from A&L, so maybe I should tackle them separately?

i would go seperately as two diferent depts, would complicate matters an also smaller amount tend to be quicker, send the letter from https://www.!!!!!!.uk

shaun1977

family_life wrote:

Hi Shaun. Could you just give me one more piece of help please? I have listed below the copy of the letter I sent with the charge sheet supplied via the other website. I know you said that I should start filling in the court paperwork but I have noticed that I said on my previous letter that I would send them a 14 day 2nd chance offer as such. the letter is as follows.

they have given you their final response that would be good enough in court, you asked to enter in a serious ialogue, they dont want to do that. go to court in my opinion. and no problem with the help

meb31

Help!!
I have been pursuing the Abbey for £3700 and today was the last of the 28 days notice before i apply to take them to court, all i have had off the abbey is one letter sent on day 10 saying they will investigate and they will let me know in 4 weeks, then one today (day 28) saying sorry for the delay but it will now take 4 weeks to investigate. Do i write to them to say i am taking them to court with a date or do i write to say i am applying for a court date please settle? Is there a pre-written letter for this stage anywhere?

Thanks in advance

shaun1977

meb31 wrote:

Help!!
I have been pursuing the Abbey for £3700 and today was the last of the 28 days notice before i apply to take them to court, all i have had off the abbey is one letter sent on day 10 saying they will investigate and they will let me know in 4 weeks, then one today (day 28) saying sorry for the delay but it will now take 4 weeks to investigate. Do i write to them to say i am taking them to court with a date or do i write to say i am applying for a court date please settle? Is there a pre-written letter for this stage anywhere?

Thanks in advance

hi, no more letters now.
you are the one setting the timescale not them. file a court claim against them. they will not budge no matter how many letters you send they are just trying to put you off and call your bluff. go https://www.!!!!!!.uk/forum all the help you need for the court process is there.

leastarfairy

augustine wrote:

Did you have all your statements (so you knew how much to claim) or did you have to request information from Natwest?

I don't think this was directed at me but anyway....

I have ordered my statement via DPA letter with a subject access request. It was 10 quid for the lot. I haven't recieved them yet but they are working on it... zzzz... they seem to get the letters out quick enough to take the money form me but have trouble when it comes to me getting it back!

Just a question for Shaun. I wondered where we stand if they don't close hte account with regard to charges in the future? Do they not charge anymore. I mean it's not likely I'll have any nowadays (more organised) but you never know when the situation will change and I will be in trouble financially again. Do they agree not to charge you the full 30 quid (or whatever) uness there has been manual intervention? Thanks xx

Stephen86_2

HI THERE. THIS IS MY FIRST TIME HERE AND I NEED SOME MAJOR ADVICE.
I HAVE BEEN FOLLOWING THIS BANK CHARGES TOPIC AND HAVE RECENTLY FILED MY CLAIM WITH THE COURTS FOR 1007.50 FROM ABBEY. WHEN I WORKED OUT THE INTREST TO BE ADDED TO MY ACCOUNT I DID IT WRONG AND IN DOING SO I AM CLAIMING BACK MORE THAN I AM ENTITLED TO BY £2.56p. WHAT CAN I DO ABOUT THIS AND HAVE I MESSED IT ALL UP BY THAT 1 SILLY MISTAKE? PLEASE HELP!!!!!!

shaun1977

leastarfairy wrote:

I don't think this was directed at me but anyway....

I have ordered my statement via DPA letter with a subject access request. It was 10 quid for the lot. I haven't recieved them yet but they are working on it... zzzz... they seem to get the letters out quick enough to take the money form me but have trouble when it comes to me getting it back!

Just a question for Shaun. I wondered where we stand if they don't close hte account with regard to charges in the future? Do they not charge anymore. I mean it's not likely I'll have any nowadays (more organised) but you never know when the situation will change and I will be in trouble financially again. Do they agree not to charge you the full 30 quid (or whatever) uness there has been manual intervention? Thanks xx

hi, unfortunately they will keep cagrging alltough the oft are looking at making these charges smaller, probably £12 maximum but £12 is still unlawful so they will still be reclaimed. ongoing circle for the time being

shaun1977

Stephen86 wrote:

HI THERE. THIS IS MY FIRST TIME HERE AND I NEED SOME MAJOR ADVICE.
I HAVE BEEN FOLLOWING THIS BANK CHARGES TOPIC AND HAVE RECENTLY FILED MY CLAIM WITH THE COURTS FOR 1007.50 FROM ABBEY. WHEN I WORKED OUT THE INTREST TO BE ADDED TO MY ACCOUNT I DID IT WRONG AND IN DOING SO I AM CLAIMING BACK MORE THAN I AM ENTITLED TO BY £2.56p. WHAT CAN I DO ABOUT THIS AND HAVE I MESSED IT ALL UP BY THAT 1 SILLY MISTAKE? PLEASE HELP!!!!!!

dont worry about it, if they do pick up on it then it can be easily rectified, but to challenge it in court will not happen , so looks like you have just gained £2.56, dont let this encourage people to do it on purpose though.
go to https://www.!!!!!!.uk for all the advice you need.