Sample letter to send to the OFT

[Guest stephen]

Please can you let me know if your sending it so I can keep count.

 

Philip Collins

Office of Fair Trading

Fleet Bank House

2-6 Salisbury Square

London

EC4Y 8JX

 

[Date]

 

 

[Your Address]

 

 

 

 

Dear Mr. Collins

 

Following the recent media coverage on the subject of UK High Street Banks implementing unlawful bank charges. I have become aware that my own bank, {state which bank} has been applying to my account, charges which are contrary to the Unfair Terms in Consumer Contracts Regulations 1999 in that they are unfair. I am sure that you must be aware that the schedule to these regulations identifies a disproportionate penalty charge as being unfair and therefore invalid.

Peter Vickers himself stated last year that any penalty charge, which recovers more than the actual losses suffered, in this case, by the bank was disproportionate.

 

Additionally, Penalty charges are not recoverable at Common Law. Precedents include Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses.

 

These charges have not only caused financial hardship to me but also to many thousands of people who use banks on a daily basis. A recent survey widely reported concluded that one in five bank customers suffered at last one excessive penalty charge last year.

Your responsibility is to protect consumers from this unlawful activity.

It is a mystery that the Banks, once respected institutions of integrity continue to apply these charges. They must know their position.

 

It is a greater mystery that your own organisation the OFT has permitted this to continue although you have a duty under the 1999 Regulations to investigate and seek an injunction. I know that you have been approached at least several times; in addition, complainants have received either a refusal or an answer, which is at best equivocal.

 

I feel that you have failed in your responsibilities outlined in the Unfair Terms in Consumer Contracts Regulations even more so since the1999 Regulations expressly prevent any individual from seeking to impose an injunction through the courts. Therefore, reposes in the OFT a grave duty of Trust.

 

I call upon the OFT now to acquit itself with its public duty, along with dealing with this disgraceful scandal unambiguously and without further delay.

 

 

 

 

Yours sincerely

 

 

 

 

[Your Name]