Claim back any unfair bank charges! Article Discussion Area

sponix

Hi All

Just starting the reclaim procedure after receiving a series of letters on saturday/today.

Unfortunately, the CAG website is down at the moment (There's a surprise!) so I can't access the letter templates.

Does anyone have a copy of the templates they could email me?

mjanet

Its not down its just there are to many hits on it after the programme , just give it a while and you will get access again.

sponix

Hmmm. Seems to be down here..

seminole_2

Actually, it looks as if it's been taken offline for a little while as I suspect it was just getting overwhelmed. That is pretty amazing given the new hardware and bandwidth available but I did remind Dave what happened to the 1901 census site

Melusine

As a single parent of a disabled child, I have often incurred bank charges for late payment, going overdrawn, bounced payments etc., and intend to claim all back for the last six years. My question is this: at present my account is with Nationwide. about two weeks ago, I spoke on the phone to someone from my branch and told him that the charges of £30 per item were excessive and I had heard the OFT were investigating. He told me that they were not a bank but a Building Society, it wasn't a penalty charge but a "fine" and it was perfectly legal. (For this £30, you get your payment bounced, but you don't even get a letter telling you it's been done, because it isn't covering costs, it's a "fine". I cannot go overdrawn on my account, so never incur interest.) Does this claim back apply to Building Societies as well as banks?
Also can I claim back late penalty charges from credit card companies?

mjanet

What he has told you is a load of bull.You can claim back from them in exactly the same way as they are penalty charges so there for unlawful

yes credit cards , store cards , phone companies anyone who charges you a penalty charge.

blindman

Template for first letter:

Dear Sir/Madam,

I am writing to ask you to refund the charges totalling £xxx.00 which you have levied from my account over the period insert dates

I now understand that the regime of fees which you had 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.

Under the terms of the contract at the time of my account opening you agreed to conduct yourselves lawfully and in a manner which complies with UK law.

I calculate that you have taken £xxx.00 in fees over this period.
Please find enclosed the breakdown of the dates and amounts levied.

I require that this sum plus interest owed should be refunded forthwith.

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

If you do not respond or you do not respond positively within this time period, I shall send a letter before action giving you a further 14 days in which to respond.
[FONT=&quot]
After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,

[/FONT]

bookworm1363

As a single parent of a disabled child, I have often incurred bank charges for late payment, going overdrawn, bounced payments etc., and intend to claim all back for the last six years. My question is this: at present my account is with Nationwide. about two weeks ago, I spoke on the phone to someone from my branch and told him that the charges of £30 per item were excessive and I had heard the OFT were investigating. He told me that they were not a bank but a Building Society, it wasn't a penalty charge but a "fine" and it was perfectly legal. (For this £30, you get your payment bounced, but you don't even get a letter telling you it's been done, because it isn't covering costs, it's a "fine". I cannot go overdrawn on my account, so never incur interest.) Does this claim back apply to Building Societies as well as banks?
Also can I claim back late penalty charges from credit card companies?

Yes and yes. YOur BS is feeding you... well, BS .

steveide

My finances aren't too bad now but I have all my statements from over 20 years from the same bank, it was then that I was struggling why cant I claim back the money they owe me from then if I can show the money they took from me then?

blindman

The crux of these cases is:

The charges debited are:
a) Unenforceable at common law, being penalty charges rather than being liquidated damages clauses.


b) Are not a genuine pre-estimate of cost incurred by the Defendant:


c) Exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant;


d) Are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.