adjusting martins letter??

lawtz04

Right, so I've got me statements, written off asking for my charges back (using martins template). I said to them to get back to me with a full response in 7 days. (this is an ex-bank by the way)

Today a letter turned up and read the followin:

I am sorry you are unhappy with the charges you have incurred. Your comments are receiving attention and one of my team will contact you as soon as possible.

May I take this opportunity to explain that whilst we will endevour to respond to you within the timescale outlined in your letter, we cannot guarantee that we will do so. Sometimes it does take longer to fully investigate a complaint. However we do aim to find a solution within four weeks. If we are not able to do so, we will always write to you explaining what is happening. A full report or an update on our progress will be sent to you within 8 weeks.

Please refer to enclosed leaflet blah blah.

It then says that should i wish to discuss this matter that I can call the chap. Now, do I phone? Do I say that I will take them to court? Do I just proceed with court action? (although Im not sure I can afford the fee at the mo). Waiting isnt an option as I know thats not to my timescales. Do I write back and say I will be taking them to court if this isnt resolved within the next 7 days????
Helppppp!!!

nickmack

lawtz04 wrote:

It then says that should i wish to discuss this matter that I can call the chap. Now, do I phone? Do I say that I will take them to court? Do I just proceed with court action? (although Im not sure I can afford the fee at the mo). Waiting isnt an option as I know thats not to my timescales. Do I write back and say I will be taking them to court if this isnt resolved within the next 7 days????

You should have sent two letters, an Initial Approach giving them two weeks and a Letter Before Action giving them at least a week.
If you have sent both of these and the time has expired, it's time to file a claim. It's not recommended you communicate by phone, rather get everything in writing.

lawtz04

Hi guys

Just wanted some advice when writing to the banks asking for your charges back. Ive used martins template several times with my banks and they have replied within the timescale but they say neither if they will refund or not refund the money just that they are looking into it.

I know at this point you should take them to court, but can anyone adjust the letter slightly (im worried if I did it wouldn’t be legally sound) to ensure the banks realise that if they don’t say yes or no court action will follow??
Si

nickmack

lawtz04 wrote:

Just wanted some advice when writing to the banks asking for your charges back. Ive used martins template several times with my banks and they have replied within the timescale but they say neither if they will refund or not refund the money just that they are looking into it.

I know at this point you should take them to court, but can anyone adjust the letter slightly (im worried if I did it wouldn’t be legally sound) to ensure the banks realise that if they don’t say yes or no court action will follow??

The Letter Before Action makes it clear you will start court proceedings. Why do you need to change it? If they've not offered anything up to now, it's unlikely sending more letters will make any difference. You should start the court claim and show them you're serious.