right, have tinkered with letter, not sure if its perfect to send tomorrow, please read and let me know, advising where to make amendments where required.
thanks
smileynhappy
NatWest
52 West Street
Fareham
Hampshire
PO16 0JX
September 18th 2006
Response to settlement offer and LETTER BEFORE ACTION
Dear Sarah Green
Thank you for your letter dated 12/09/06
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1292.99
I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.
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 am again, 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 31/08/06.
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity’s caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.
I trust this clarifies my position.
Yours faithfully