Excessive bank charges - anybody going to complain to their bank?

[EmmaG]

Jenny with you should give your bank 14 days from your original request.

Your OH's bank what have you sent to them?

Using the Consumer Action Groups method.

First letter can be asking for your statements
2 Letter asking for the money back - giving them 14 days to do so
3 2nd letter requesting your money back - stating that you will take them to court WITHOUT further notice if they do not refund charges
4 Court action after 14 days of the 2nd letter.

[jenny]

hi emma, the 14 days has already passed since the first letter. they responded on the 14th day with a proposal. so what date do i now set?

[EmmaG]

ok you now need to send the 2nd letter (send it as soon as you can) second letter should be something like this...

Dear Sirs,

ACCOUNT NUMBER: XXXXXXX

I am very disappointed that you have failed to respond to my letter of the XXXXXXXXXXXXXXX.

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 which you have charged me. 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 XXXXXXXXX.

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

Yours faithfully

[jenny]

oh cr*p.
i havent kept record of how much i am claiming on OH's account. i only save the original letter that i sent to my bank.
i'll have to sift thru mail and see if they wrote it anywhere on a response.

so im giving them a further 14 days or court?

[jenny]

oh i just noticed, in the letter from his bank they said they would sort the matter by 21st feb. we gave them til 14th feb. so i guess i shud just wait til then?
i dont have the exact amount, which i imagine they will state when they respond again by 21st feb?

i've got my letter ready for my bank anyway, so hope that they give me all my money back without going to court

[EmmaG]

Jenny how did you find out how much your OH was claiming (did you add up the charges on the bank statments??) if so just add them back up again.

on your OH's account if you have already sent them one letter giving them 14 days you need to send the second letter above (giving them another 14 days) and then you take them to court.

It is very very important that you do not get distracted by them saying "give us until XX", stick to YOUR timetable NOT theirs. This is your claim not theirs. So ignore their date of the 21st (as I said before they are just stalling for time and hoping you will forget/give up)

The above timeable is depending upon WHAT letter you sent to the bank originally, was this one from the Consumer Action Group or another source as I am giving you advice based on the Consumer Action Group's letter and timetables but I do not know what you put in your original letter.

HTH

[jenny]

hi emma, it was added up from statements, but i posted the statements to them, so dont have the sum.
should i write another letter without the sum? cos i dont have the amount anywhere.

[EmmaG]

Jenny why did you send them your statements???

All you needed to do was to send them a summary of the charges??? together with your first letter.

I have no idea what you are going to do now that you do not know the original sum you are asking for.

It is VERY important that you keep copies of all of your letters, IF you have to go to court how can you prove what you have sent to the banks to the Court? You will look very silly infront of a judge that you do not know how much you have claimed, have no proof of the charges, and cannot provide copies of your original letters.

Unfortunately, this type of situation is where the banks will win if it ever went to court.

Jenny if you write another letter all the banks will do is either ignore you/ask you how much you are claiming for. I really don't see how you can now write a letter without stating how much you are claiming for, if they ignore you, you will totally have shot yourself in the foot as the next course would be court action but you cannot do this if you do not know how much you are claiming for???

Sorry but you have really gone **** about face with this claim.

Can I ask you where you followed this action from? website etc.

[EmmaG]

Jenny is this the claim that you have been offered a part payment for?? Does it state in their letter how much you were originally claiming for??

The only thing I think you can do is to start from the very beginning and send the DPA letter together with the £10 and ask for copies of the statements.

[EmmaG]

Jenny what bank is this with??