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Claiming back bank charges part 2
KEATERGREYHOUND_2
Posts: 84 Forumite
14 days have now passed from my getting back their 1st letter. I am a member of the consumer action group but it wont let me see any of the pages. It does log me in but nothing more so im all lost as to what to put in my 2nd letter to them.
Before as very nice and thanked money saver copied a letter onto here for me. Would anyone please be able to do this again for me or at least tell me what to put in my letter.
The 1st letter that they sent back to me said that blah blah blah go way basically.
Thanks in advance
Before as very nice and thanked money saver copied a letter onto here for me. Would anyone please be able to do this again for me or at least tell me what to put in my letter.
The 1st letter that they sent back to me said that blah blah blah go way basically.
Thanks in advance
0
Comments
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hi - if you can log in, have a look at the bank templates library page where all the files are, if it says 'private' you aren't logged in. If you are logged in, you will see it gives the last user to add a comment to the page (as threads on MSE does)
Here is the link to the library
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/
if it is empty you aren't logged in. If you can see all the files, the 'letter before action - consumer version' is the one you need next.
I'm not sure why you can't see anything if you are logged in? I would PM a moderator on the CAG site.0 -
Is this what your after
[your address]
[their address]
LETTER BEFORE ACTION
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].
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.
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 calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.
I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
Yours faithfully,
[name]
Red - if you have a default notice issue as well - which has been caused by the charges. Otherwise to not include this part.
Blue - only include this if you intend to do it. Don't make empty threats
DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER0
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