Account Closures?

[ppauls150]

Hello all.

 

I have tried doing searches for information on where the banks are closing accounts down and how they cannot really do this under the banking code and so forth. I found a very good thread which i am watching of Sarahk. I also came across another thread where there was something about someone trying to do a test case on this from happening dont know if they were talking about Spiceskull on that but it also had a link to that thread where the link didnt work. As well as this though i was wondering if any of the bank staff on here has any information as to if there is anything they know of regarding these issues.

 

I know that this can be part and parcel of claiming back your bank charges and that you should expect it but what this bank have not really looked into is the way the charges that was claimed back was their fault in the frist place even though that the charges had to be claimed back through the letters as they didnt look into the account as to why the charges started ( which was the banks fault) now they are saying due to you claiming your charges back ( but we dont realise it was our fault cause we havent looked ) we will be shutting your account down in 30 days. the ammount claimed back also was practically nothing aswell.

[ppauls150]

This is what i have put together and going to send it and see what happens. I know it is usually best to change bank accounts anyway once you have made a claim and if they shut it then so be it. But i want it shut on my terms and not theirs. What would be best is for them to back down and then go in there and tell them i want to shut it down lol it is just the principle of the fact tbh.

 

Ref: Threaten of closure of my account.

 

Dear Sir/Madam

 

I am writing in regard to your letter dated xx/xx/xx and simply cannot believe that because I made a complaint to yourselves what you did not like, you are deciding to close my account. I have read recently that the OFT have criticized you for doing this with anyone who raise complaints with you that you do not like. Where is the justice for everyone the right to appeal on the grounds that you were acting unlawfully?

 

Obviously you did not read my letters I sent to yourselves with regards to why I was making the claim in the first place. When my first ever charge was applied to my account for paying something when I didn’t have sufficient funds you charged my account a fee for this which took me over my limit. Due to this being my first ever charge I spoke to my branch who understood that this was the first charged I have ever had and reversed the charge back for a first offence. What they forgot to do was also cancel the charge was hidden away on the system which was for when the account went overdrawn when the first charge was issued which was reversed. If this first charge wasn’t issued then I would not have gone overdrawn and incurred the overdrawn charge. So due to this that got applied the following month which I didn’t know about as I thought that it was all reversed I didn’t expect the charge there which again took me overdrawn the following month and this just carried on every month after that.

 

So like I say if both charges had been cancelled which was on the system and not just the one, which is what happened, the rest of charges would not have happened. Now like you say if you do have an oversight on an account once in a 12 month period you will refund the charges but you only partially did this due to not checking the account properly so for this spiraling out of control was not my fault.

 

 

Now because of your error in the first place and me having to take severe action to rectify this you are now threatening to take my account away. I believe I have the right to complain without the threat of you shutting my account down if the complaint does not come back in your favour and I am sure that the governing bodies will take my point of view that I should not be scared of making a complaint for the fear of my account being shut down.

 

I will be contacting the relevant bodies to investigate this matter further on my behalf and would like to you wait for the relevant bodies to investigate this matter and for them to reach their decision before look at closing my account. If you are still intent on shutting my account before the relevant authorities can look into this complaint on my behalf then you will leave me with no alternative but to intend to apply for a temporary injunction, to prevent my account from being closed. Once I have received the mentioned notes and details which I have listed below, I will be in a position to decide whether or not to apply for a permanent injunction preventing account closure.

 

 

I am requesting a complete disclosure of all notes applied to my account since 1st January 2006.

Specifically, I require details and notes pertaining to the following:

• The ‘commercial decision’ to withdraw banking facilities from me, including the reasons, figures and decision makers involved.
  
• The bank’s refusal to refund ‘penalty charges pending’ to my account on request, and the subsequent decisions leading to those charges being refunded, notwithstanding the bank’s assertion that the charges are fair, transparent and lawful.
  
• The bank’s refusal to refund ‘penalty charges’ applied to my account on request. After raising the matter in court, and notwithstanding the bank’s assertion that the charges are fair, transparent, lawful and would be defended in full, the subsequent decisions leading to those charges being refunded.

Regards

*EDIT The last part of this letter regarding asking for information was a bit taken from Spiceskull what he sent to the HSBC. He no longer comes on here at the moment so couldnt ask if i could use it but i dont want to take the credit for the last part if it comes in handy for anyone.

[ppauls150]

Thanks Martin. I know that i am probably banging my head against a brick wall but other than trying to get the defaults removed nothing really else i can do so might as well test the water and see if it has any effect. I know the letter can probably do with downsizing but i am not that good with writing letters but also wanted to keep re-iterating to them that they are in the wrong. It is going to take like you say a lot more people claiming charges back before they think hold on stop how far can we keep turning customers away.

[ppauls150]

With the Defaults Martin basically they all came about due to taking on more than we could afford so got behind on the payments. When they defaulted we paid them off though within 6 months of being defaulted and they all defaulted around 2001. we have anywhere between 3 to 10 months before they are removed all 4 of them but i feel the interests that we have paid over the last six years has been astronomically high and have suffered more in the last 5 years than ever. We can live quite comfortable now if we can just get the interest down on the loan and mortagage we have but we cant do this if these companies dont remove the defaults off the accounts after suffering already for the last 5 years. The big problem is though now is i am not earning the kind of money i was for the last 6 years and if we dont get these payments down in the next month or two down to resonable rates i can see us losing our house as not being able to afford the high interest payments where without the defaults we will be okay.

 

It is make or break get the defaults removed 10 months early than what they should be taken off with their so called 6 year time span reduce the interest and live ok with no problems or

they dont remove them and we have to look at not being able to keep paying the mortgage and loan due to high interests as we cant get lower interest payments cause of the defaults and then end up getting more defaults for the mortgage and loan for another 6 years and be in the right sh!t.

 

This is why it is important to get these removed early but other than issuing court proceedings which would get them removed as the companies cannot supply or wont supply the information as it was 5 years ago they wont remove them nor will the CRA, and we cant issue court proceedings cause it is £150 a time and we aint got that kind of money.

 

Something will happen sooner or later.

[ppauls150]

Lucyec thanks very much for that your a star. That sounds very good to me and that will be the one i send instead of mine lol. thanks again.

[ppauls150]

If they ask you to pay everything back you can negociate with them on how much you can pay back on a monthly basis.

[ppauls150]

On another note with the threat now of account closures from the bank, can people not start making it in the terms and conditions of the settlement that they cannot once the claim has been settled to close the account down?