This topic was closed on 03/06/19. 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 there. 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

Martin's planned topic was changed to "how to run a car cheaply". Has he been nobbled I wonder?

This letter was drafted by a contact of mine (I can't reveal any more, sorry) and was sent to Alliance & Leicester once the necessary details had been completed: " Name of Manager Your name Profiteering / Racketeering 1st Line of address Co Name 2nd line of address Address etc Address etc The date 2006 Dear Sir / Madam [Name them] Due to the recent media coverage about bank / building society charges, I am now aware that you [name of bank or building society] have been charging me, bank / building society charges that are contrary to the unfair Terms in Consumer Contracts Regulations 1999. Subsection 1(e) of the said regulations gives a non complete list of terms which may be regarded as unfair, such as a term which requires me as a consumer who fails in his / her obligation, to pay a disproportionately high sum in compensation. I understand that your charges are disproportionately high. Therefore they are contrary to the unfair Terms in Consumer Regulations 1999. In addition I understand that your charges are a penalty. Penalty charges are irrecoverable at common law. The precedent for this was a Scottish case. Castanede and Others V Clydebank Engineering and Shipbuilding Co [1904] 12 SLT 496. Along with the English case of Dunlop Pneumatic Tyre Co Ltd V New Garage and Motor Co Ltd [1915] AC 79. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is therefore clear and conclusive that your charges do not reflect any actual and or real loss. Your charges appear to be nothing more than a lucrative profit-making scheme. Therefore I require you to refund my entire bank / building society charges for the past xx years, a total of approximately £xxxx.xx. I hereby give you 14 days to refund the charges back into my account. If this is not done within 14 days I will be forced to take legal action. You will receive no further notification. Please expedite my request and your investigation as above. Furthermore in expectation of a blind refusal to recognise the aforementioned case laws; please particularise, qualify and clarify in lawful terms, any excuse, opinion, or conclusion which you or your legal representatives come to. Yours Sincerely Your Signature i.e A. N. Other fleeced customer." After about 10 days I had the standard acknowledgement letter. On March 17 I had this letter: "Thank you for contacting us with regards to the charges on your account, which I was sorry to learn have been the cause of dissatisfaction. I have now had an opportunity to thoroughly review this situation and would confirm the charges have been applied to your account correctly. I regret I am therefore unable to make any adjustments to your account. I would refer you to either the reverse of your statement or our website where it gives the details of charges that may be raised on your account. This explains why the charges have been made and I hope this will provide some guidance as to how these charges may be avoided in the future. In accordance with regulatory requirements, I must advise that if I do not hear from you within the next wight weeks our file on the issue will be closed and I am enclosing the leaflet explaining how to progress this matter, either through out internal procedures or, if necessary, via the Financial Ombudsman Service, should you remain dissatisfied. I do hope, however, that we have now resolved this situation and if you require any further assistance please do not hesitate to contact me. Yours sincerely, T. Loughlin Sales and Customer Service." THEY THINK IT'S ALL OVER!!!!! So, what's the next step? All contributions gratefully received... Twisted Evil

Sorry, you're quite right, it was the only reference to the Dalliance & Fester I could find when I searched the forum index...

This letter was drafted by a contact of mine (I can't reveal any more, sorry) and was sent to Alliance & Leicester once the necessary details had been completed: " Name of Manager Your name Profiteering / Racketeering 1st Line of address Co Name 2nd line of address Address etc Address etc The date 2006 Dear Sir / Madam [Name them] Due to the recent media coverage about bank / building society charges, I am now aware that you [name of bank or building society] have been charging me, bank / building society charges that are contrary to the unfair Terms in Consumer Contracts Regulations 1999. Subsection 1(e) of the said regulations gives a non complete list of terms which may be regarded as unfair, such as a term which requires me as a consumer who fails in his / her obligation, to pay a disproportionately high sum in compensation. I understand that your charges are disproportionately high. Therefore they are contrary to the unfair Terms in Consumer Regulations 1999. In addition I understand that your charges are a penalty. Penalty charges are irrecoverable at common law. The precedent for this was a Scottish case. Castanede and Others V Clydebank Engineering and Shipbuilding Co [1904] 12 SLT 496. Along with the English case of Dunlop Pneumatic Tyre Co Ltd V New Garage and Motor Co Ltd [1915] AC 79. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is therefore clear and conclusive that your charges do not reflect any actual and or real loss. Your charges appear to be nothing more than a lucrative profit-making scheme. Therefore I require you to refund my entire bank / building society charges for the past xx years, a total of approximately £xxxx.xx. I hereby give you 14 days to refund the charges back into my account. If this is not done within 14 days I will be forced to take legal action. You will receive no further notification. Please expedite my request and your investigation as above. Furthermore in expectation of a blind refusal to recognise the aforementioned case laws; please particularise, qualify and clarify in lawful terms, any excuse, opinion, or conclusion which you or your legal representatives come to. Yours Sincerely Your Signature i.e A. N. Other fleeced customer." After about 10 days I had the standard acknowledgement letter. On March 17 I had this letter: "Thank you for contacting us with regards to the charges on your account, which I was sorry to learn have been the cause of dissatisfaction. I have now had an opportunity to thoroughly review this situation and would confirm the charges have been applied to your account correctly. I regret I am therefore unable to make any adjustments to your account. I would refer you to either the reverse of your statement or our website where it gives the details of charges that may be raised on your account. This explains why the charges have been made and I hope this will provide some guidance as to how these charges may be avoided in the future. In accordance with regulatory requirements, I must advise that if I do not hear from you within the next wight weeks our file on the issue will be closed and I am enclosing the leaflet explaining how to progress this matter, either through out internal procedures or, if necessary, via the Financial Ombudsman Service, should you remain dissatisfied. I do hope, however, that we have now resolved this situation and if you require any further assistance please do not hesitate to contact me. Yours sincerely, T. Loughlin Sales and Customer Service." THEY THINK IT'S ALL OVER!!!!! So, what's the next step? All contributions gratefully received... :twisted: