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 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

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

Is this too long? Should I send the top bit then the standard letter separately?

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: ********, SORT CODE: **/**/**

 

Further to the phone call between myself and ***** ***** today at 1.50pm, I would like to thank you for the offer of removing £225 of the £525 of charges on my account. However, I feel that this is insufficient as there will remain £300 of charges on the account.

Whilst I do not dispute the reason for the charges, I do dispute their amounts.

 

Below is a breakdown of the charges you have made against my account since July 2005:

 

21/07/05 commission - unpaid item £20

03/08/05 commission £20

 

18/08/05 commission - unpaid item £20

 

22/08/05 service charge £15

22/08/05 daily excess charge £30

22/08/05 commission - unpaid item £40

 

01/09/05 commission - unpaid item £20

 

21/09/05 service charge £15

21/09/05 daily excess charge £120

 

21/10/05 service charge £15

21/10/05 daily excess charge £150

 

10/01/06 commission - correspondence £60

 

Total: £525.00

 

I feel these charges do not fairly reflect the losses you have suffered for the overdrawn balance and period of time of overdrawing.

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

 

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 £525.00 plus interest which you have charged me in overdraft interest for the sum which you have taken.

I require repayment in full of this money within 14 days. If you do not comply fully then I shall begin a claim against you for the full amount 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 license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

 

 

Yours faithfully,

 

Sent the same sort of letter,from the library section and they paid up within two weeks

Well done to you.

 

Strictly speaking, you could try and reclaim the part of the interest that accrued from the charges, yes. Good luck with working that part out if that's what you want to do.

 

If you feel we have helped, a contribution to the book fund would be a very nice to say thank you and help others!

Least I can do,wouldn't have got nowhere without the help from this site

Congratulations in getting your refund! Just wondering, at what point in your quest did you actually get the money back?

 

I have sent the standard preliminary letter, then got the general reply saying the bank charges were as I agreed to in the t's and c's, perfectly legal, blah blah blah.

 

I then sent the 'letter before action' 14 days ago, and have received a secure messsage back saying they will get back to me in 7 days (which has just expired today). So it is time for me to start the court action tomorrow.....

 

I notice from your other thread you posted saying on 31st March you were going for the court papers. And on 7th April you had the money in the bag. Did you get as far as the court action? When did they cave in and pay up?

 

Thanks

Was on the verge of doing the court proceedings,was filled out on line,just proof reading it,then next day letter from smile refunding charges,so basically sent the first letter asking for money back,sent second letter threatning court,then finally they coughed up,all in all from start to finish about 7 weeks.

Recieved refund of £270 for Commision charges,excess charge and service charge today,they have said Debit interest is not a charge so is not included,but seeing as that £270 0f charges were calculated into that debit interest surely I'm entitled to some of that back?

A big thanks to everyone who helped me out on this,didn't even have to go to the small claims court.

Well,the 14 days notice are up,not a word from them,so court papers tommorow,bit nerve wracking but the way they've threatened and twisted what I've said makes me want to go ahead.

The figures are this

My account has a £500 overdraft facility on it and I am now £337 over that,all due to charges stemming from them paying a £72 visa payment which put me £32 over the limit,with £5 service charge,unpaid standing orders etc,it's now got to this stage.

They are saying a condition of the account is I must pay £1000 into the account every month which I haven't done since these charges started.

Reason being at the time if I paid £1000 into the account by the time they took the charges off I would have been left with nothing to live on for the rest of the month.Tried explaining this to them and they just point blank refused to help.

I now have the money to pay off the charges but that seems to me to be admitting my guilt in this affair so am loathe to do it,but must admit these letters are worrying.,

Had a snotty phone call from the smile/co-op today saying I had to pay money into my account to bring it within the limit,quoted the terms and conditions to me saying I had to pay at least £1000 into my account etc,etc.

I explained to her I wouldn't be paying any money into the account until the charges issue was sorted,she said she expects money to be paid into the account by the end of the week.

The mail this morning included a threatning letter describing court orders,baliffs and the like,

I've noticed the charges have been frozen on my account since I started writing my letters but should I pay money into the account to cover the overlimit or ignore them and go straight for the small claims court on Thursday which is when the 14 days is up?

I've noticed everything is from the co-op regarding court,debt etc,all I get from Smile is a 'sorry you have a complaint' letter.

Recieved a letter of Smile today saying sorry they haven't been able to respond to my letter of 16th feb.

Says they are reviewing their charging policies and as soon as the executive body makes it's decision they will send me a full response.

They are sorry for the delay and hope to be in touch shortly,and if there is any delay they will be sure to let me know.

To top it all,also recieved a letter of Co-op saying if I didn't pay my outstanding arrears within ten days they will send a formal demand!!!!

What a load of tosh,same bank yet one side doesn't know what the other is doing.

Question is I sent them a letter on the 16th march saying I would be going to court if I didn't recieve payment of my charges within fourteen days,this makes me want to say stuff the fourteen days and do it now!!

Would this be allowable??

After sending two letters, three e-mails and four telephone calls explaining my reasons for my actions regarding charges on my account,recieved a computer generated letter today concerned at my lack of communication with them and demanding I put my account in order!!!!!!!

Good grief!!

Had a phone call off Smile today asking what the problem was,told them to read the letter I'd sent them,explained that the charges were punitive charges which she seemed quite happy about and that she'ld send an email to try and chase up the matter,question is,is this a stalling tactic or should I give them a few days to get back to me??

Sent the leter off to Smile,checked my balance to see what charges have been put on and they've stuck another £145 daily service charge and a £15 servicing fee!!!

Now at £337 bank charges!!!!!!

Sent the leter off to Smile,checked my balance to see what charges have been put on and they've stuck another £145 daily service charge and a £15 servicing fee!!!

Now at £337 bank charges!!!!!!

Sent mine to the Skelmersdale one,have I boobed?

Trying to sort Smile out after charging me over £300 for a £37 overlimit,sending the letter of tommorow,will I be able to claim back the £5 a day charge as well?