This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Aphoridte, I've just had the identical reply back !! What are you going to do next ? - summons ??

Here's my 2nd letter so lets see what happens !! Firstly I would like to thank you for your reply to my original letter and for organising the swift supply of the requested charges on this account over the last six years. However I must draw your attention back to my original letter as I feel your response does not address my request or concerns. It is still of my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law as listed on my previous correspondence . Therefore further to these cases, I still believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act. With this in mind, I respectfully request that you return to me all charges made on this account for the last six years which total £1377 for the period to January 31st 2006 and in addition any charges for the month of February 2006 within fourteen days of receipt of this letter by way of personal cheque. If you choose not to do so you will leave me no choice but to start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

Here's my 2nd letter so lets see what happens !! Firstly I would like to thank you for your reply to my original letter and for organising the swift supply of the requested charges on this account over the last six years. However I must draw your attention back to my original letter as I feel your response does not address my request or concerns. It is still of my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law as listed on my previous correspondence . Therefore further to these cases, I still believe these charges to be a direct breach of the 1977 Unfair Terms (contracts) Act which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act. With this in mind, I respectfully request that you return to me all charges made on this account for the last six years which total £1377 for the period to January 31st 2006 and in addition any charges for the month of February 2006 within fourteen days of receipt of this letter by way of personal cheque. If you choose not to do so you will leave me no choice but to start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

Aphrodite - I'm doing the same so will keep you posted as well

Aphrodite - I'm doing the same so will keep you posted as well

It took about 10-14 days for the info to come through Just a few questions Is there a template follow up letter - I didn't see one in the library - Or should i just devise one ? Is it fair to allow then 14 days to refund the charges or should it be longer ? Are they likely to cave in or will they see it through ?

It took about 10-14 days for the info to come through Just a few questions Is there a template follow up letter - I didn't see one in the library - Or should i just devise one ? Is it fair to allow then 14 days to refund the charges or should it be longer ? Are they likely to cave in or will they see it through ?

Received charges last night, have filled out the Excel sheet - should i write and give them 14 days to refund or go straight to summons. Antartica / Aphrodite have you had yours yet and if so what did you do ?? Any others at this stage yet - any advice ?

Received charges last night, have filled out the Excel sheet - should i write and give them 14 days to refund or go straight to summons. Antartica / Aphrodite have you had yours yet and if so what did you do ?? Any others at this stage yet - any advice ?

still waiting too !

still waiting too !

I'd be interested to see the outcome, like yourself i got the same standard email back a couple of days ago. I'm awaiting the detailed charges data b4 i get back to them.

So PrincessAphrodite - standard letter then, as soon as i get the list of my charges, i'll fill out the excel interest schedule and then do a summons - is that what you're going to do ??

Just had response back to my email - has anyone else - looks like a standard response. Could anyone advise me what to do next ?? Re: Account Charges for Overdraft Excesses and Returned Items Thank you for taking the time to contact us about your account. Your concern I think it would be helpful if I set out my understanding of your concern: · You feel that the charges you have incurred as contrary to the Unfair Terms in Consumer Contracts Regulation 1999. You are unhappy with that amount of charges you have incurred as a result of being overdrawn and from returned items. You have requested that all charges incurred should be refunded for the past 6 years. What's happened? When you become a customer, we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or available on our website. While banking with us can be completely free, we only apply charges if a customer does not have enough money in their account to meet payments they have requested us to make. Why has this happened? You incurred charges because you did not ensure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits. If your expenditure exceeds your income, you need to consider cancelling or reducing your monthly commitments. As a business we are entitled to set charges to cover additional work, as is any other business. These charges are not hidden and are notified in the guide to banking charges leaflet we produce. We do not hide these charges and advise our customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each chequebook we request that funds are available before cheques are issued. You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account in excess of the amount agreed without charges being made. I must advise that we will expect your account to be run in line with the terms and conditions of its operation. This means that you must ensure that cleared funds are deposited into the account the working day before any payments are due. If you do not feel you will be able to run your account in accordance with the terms and condition, we may have to consider withdrawing certain facilities, such as any debit cards, overdrafts and chequebooks. Alternatively, you may wish to consider alternative banking arrangements. Regarding your request for details of charges on your account for the past six years, I can advise that I am prepared to accept your request under the Data Protection Act. However I should point out that there is normally a £10 fee for information requested under Data Protection, although I am prepared to waive this on this occasion. In addition, I can also advise that some statement records we hold are on microfiche and, as such, fall outside the requirements of the Data Protection Act. Although this is the case, I can advise you that I have asked for copy statements to be produced for the period in question, which will highlight the charges you have referred to and I will send these to you within the next three weeks, which I trust will be acceptable. Our usual charge of £5.00 per copy statement has been waived on this occasion. What happens next? I hope that you feel I have made a fair decision on your complaint, but if you wish to talk about any of this, please call me on 0121 600 3243, or write to me at the above address. You can ask the Financial Ombudsman Service to independently review my decision. You can contact them at The Financial Ombudsman Service, South Quay Plaza, 183 Marsh Wall, London, E14 9SR. Telephone: 0845 080 1800. Website: http://www.financial-ombudsman.org.uk. If you do want them to look at your complaint, they need you to get in touch with them within 6 months of the date of this letter. Thank you once again for taking the time to raise your concerns with us. Yours sincerely David Just Assistant Manager