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I have found the one regarding statements. If that is the up to date letter then it would appear that you suggest getting statements first, then requesting money rather than doing it all at once. That is fine. I will do this by 1st class post tomorrow and keep up to date all replies and my calculations etc. Thanks again

I have found the one regarding statements. If that is the up to date letter then it would appear that you suggest getting statements first, then requesting money rather than doing it all at once. That is fine. I will do this by 1st class post tomorrow and keep up to date all replies and my calculations etc. Thanks again

Thanks for quick response. Where will I find the up to date letter as I cannot seem to find it in the Library (could be wood for trees!!). You suggest dealing with accounts seperately until claim. Does this mean you suggest requesting statements five individual times, with the initial letters doing nothing more than requesting the statements? Once these are on board, work out each individual account charges, and request each sum individually. If it goes as far as court, then add them all together?

Thanks for quick response. Where will I find the up to date letter as I cannot seem to find it in the Library (could be wood for trees!!). You suggest dealing with accounts seperately until claim. Does this mean you suggest requesting statements five individual times, with the initial letters doing nothing more than requesting the statements? Once these are on board, work out each individual account charges, and request each sum individually. If it goes as far as court, then add them all together?

Hi I have only been loking in to this process today and although I have read through a lot of posts on this site, I am uncertain about chances of success or process, but here goes... I have had a HSBC account for about 10 years, a joint account for about 3-4 years, my wifes account for about 3-4 years and a couple of credit cards within 3 years. All-in-all, a lot of charges!!! I have drafted an initial letter that would deal with all 5 accounts at the same time. Is this the correct course, or should I deal with bank accounts seperate to credit cards? I do not have statements for any of the accounts due to a house move and a lot of shredding! Should I wait for statements or press ahead asking for both reimbursement and statements? The letter drafted is : Blah Dear Sir/Madam I am writing with regards to accounts: XXX XXX XXX of sort code XXX credit card XXX credit card XXX During the time that these accounts have been open, a number of charges have been levied. These charges include but not limited to failed Direct Debit charges and late payment charges. It is 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 reimburse your losses for breach of contract occurring. Further to the Consumer Credit Regulations (1999), quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable in English Law. I refer you to Murray v Leisureplay (2004) Dunlop Tyre Company v New Garage and Motor Company (1915) Bridge v Campbell Discount Co. Ltd (1962) Additionally, your charges are in direct breach of the Unfair Contracts Terms Act 1977, which require that contract terms be reasonable. I do not believe these charges to be reasonable as outlined in the aforementioned Act. Accordingly, I respectfully request that you return to me all charges made on these accounts in the last 6 years by way of personal cheque within 7 days of receipt of this letter. If you choose not to do so, I will 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 liable for the charges, any interest incurred on the accounts due to the charges, my legal costs, a charge for the time applied in establishing the reimbursement (at the court rate for a lay representative of £9.75 per hour), plus the 8% APR as permitted under the County Courts Act (1984). Please would you provide me with a copy of all my statements for all the above accounts for the last 6 years? This would encompass all transactions from 21st February 2000. I would also like to request a complete and exhaustive list of all charges levied on these accounts over the last 6 years, along with details of any rebates of charges made. Please be aware that these are formal requests under the Data Protection Act (1998). As you are no doubt aware, you are afforded 40 days to comply with this request or apply for a time extension to the Information Commissioner. If you are in any doubt that this information is covered by the Act, then I draw your attention to the case of Durant Vs FSA (2003), where the Court held that the bank statement information is indeed personal information for the purposes of the Data Protection Act. Yours faithfully And there you have it! I would appreciate any views or comments regarding this case, letter and any advice that anyone can give me! If this letter seems OK to all, how do I pass it on to them - fax, email, post, and to where? These accounts are all currently in debt with a repayment plan in place for all accounts. Is this process likely to affect the payment plans in place or are they not allowed to halt these just because I want something from them? With regards to this process, I have a number of store cards that have applied billions in charges (well, maybe not that much but a lot anyway!), two mortgage companies (both paid up accounts (November)) who charged late payment fees, massive early repayment fees and interest etc, a Barclays Bank account which has had charges from year dot, and a Barclay Card with charges. Do I just simply do the same thing, same letter etc and see where it goes, or is there a different process for different types of account?

Hi I have only been loking in to this process today and although I have read through a lot of posts on this site, I am uncertain about chances of success or process, but here goes... I have had a HSBC account for about 10 years, a joint account for about 3-4 years, my wifes account for about 3-4 years and a couple of credit cards within 3 years. All-in-all, a lot of charges!!! I have drafted an initial letter that would deal with all 5 accounts at the same time. Is this the correct course, or should I deal with bank accounts seperate to credit cards? I do not have statements for any of the accounts due to a house move and a lot of shredding! Should I wait for statements or press ahead asking for both reimbursement and statements? The letter drafted is : Blah Dear Sir/Madam I am writing with regards to accounts: XXX XXX XXX of sort code XXX credit card XXX credit card XXX During the time that these accounts have been open, a number of charges have been levied. These charges include but not limited to failed Direct Debit charges and late payment charges. It is 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 reimburse your losses for breach of contract occurring. Further to the Consumer Credit Regulations (1999), quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable in English Law. I refer you to Murray v Leisureplay (2004) Dunlop Tyre Company v New Garage and Motor Company (1915) Bridge v Campbell Discount Co. Ltd (1962) Additionally, your charges are in direct breach of the Unfair Contracts Terms Act 1977, which require that contract terms be reasonable. I do not believe these charges to be reasonable as outlined in the aforementioned Act. Accordingly, I respectfully request that you return to me all charges made on these accounts in the last 6 years by way of personal cheque within 7 days of receipt of this letter. If you choose not to do so, I will 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 liable for the charges, any interest incurred on the accounts due to the charges, my legal costs, a charge for the time applied in establishing the reimbursement (at the court rate for a lay representative of £9.75 per hour), plus the 8% APR as permitted under the County Courts Act (1984). Please would you provide me with a copy of all my statements for all the above accounts for the last 6 years? This would encompass all transactions from 21st February 2000. I would also like to request a complete and exhaustive list of all charges levied on these accounts over the last 6 years, along with details of any rebates of charges made. Please be aware that these are formal requests under the Data Protection Act (1998). As you are no doubt aware, you are afforded 40 days to comply with this request or apply for a time extension to the Information Commissioner. If you are in any doubt that this information is covered by the Act, then I draw your attention to the case of Durant Vs FSA (2003), where the Court held that the bank statement information is indeed personal information for the purposes of the Data Protection Act. Yours faithfully And there you have it! I would appreciate any views or comments regarding this case, letter and any advice that anyone can give me! If this letter seems OK to all, how do I pass it on to them - fax, email, post, and to where? These accounts are all currently in debt with a repayment plan in place for all accounts. Is this process likely to affect the payment plans in place or are they not allowed to halt these just because I want something from them? With regards to this process, I have a number of store cards that have applied billions in charges (well, maybe not that much but a lot anyway!), two mortgage companies (both paid up accounts (November)) who charged late payment fees, massive early repayment fees and interest etc, a Barclays Bank account which has had charges from year dot, and a Barclay Card with charges. Do I just simply do the same thing, same letter etc and see where it goes, or is there a different process for different types of account?

Forgive me for my naivity and lack of knowledge and understanding in this scenario. I failed to follow the advice on interest (16% instead of 8%) etc. My wife is going through this but I found your letter very helpful in our hour of need. We dont have the statements currently and therefore cannot calculate the interest charged or see if it pushed further charges on (due to being overdrawn). How would I phrase the additional figures for interest or without this informtaion would you suggest I follow the quote of "8% according to the CCA (1984)"? This is our (and indeed my) first letter of this kind. Should a note of charges due to time spent be made on the initial letter or thrown in to the melting pot later on in the process?

Forgive me for my naivity and lack of knowledge and understanding in this scenario. I failed to follow the advice on interest (16% instead of 8%) etc. My wife is going through this but I found your letter very helpful in our hour of need. We dont have the statements currently and therefore cannot calculate the interest charged or see if it pushed further charges on (due to being overdrawn). How would I phrase the additional figures for interest or without this informtaion would you suggest I follow the quote of "8% according to the CCA (1984)"? This is our (and indeed my) first letter of this kind. Should a note of charges due to time spent be made on the initial letter or thrown in to the melting pot later on in the process?