Reclaiming bank charges if possible

[sajeel]

I have been charged 6 unpiad item fee of £25.00 each by santander for a total of £76.85

 

therefore adding another £150 of charges means total is £226.85

 

i am struggling financially and this is not helping

 

i have an agreed overdraft of £100

 

but this must have gone over for a few days.

 

Can i get a refund of charges as they are not just some of the transactions are only for £1.

[BRIGADIER2JCS]

Try a complaint to Santander on the grounds that a £25 charge is dispropotionate and does not reflect the actual costs incurred, £12 is considered reasonable.

[ims21]

You should write to the bank and give them details of your hardship.

 

In addition you should point out to them their responsibilities under BCOBS where they are are required to treat their customers fairly. Clearly these charges are in conflict with that.

 

Don't mention £12...you want all of the charges back and any associated interest charges as a result.

[sajeel]

You should write to the bank and give them details of your hardship.

 

In addition you should point out to them their responsibilities under BCOBS where they are are required to treat their customers fairly. Clearly these charges are in conflict with that.

 

Don't mention £12...you want all of the charges back and any associated interest charges as a result.

 

I have written to santander to claim 543 pounds which is 6 months of bank charges let's see what they offer.

[sajeel]

i am battling with santander for bank charges, they are not giving in easy, anyone had any success with charges on grounds of hardship ?

 

Saj

[maroondevo52]

Did they ever offer you anything back ?

[slick132]

Hi Sajeel,

 

Moved your post into a new Santander thread.

 

Can you tell us briefly what you said to the bank to get charges refunded.

 

Was this in writing or by phone.

 

[sajeel]

Hi,

 

here is first letter sent :

 

I am writing to request that you repay all the charges in relation to direct debits, unauthorised overdrafts and standing orders that have been applied to my account in the past six months.

I believe the fact that I have been incurring bank charges goes contrary to the aims of the Lending Code (Section 9) and Banking Conduct of Business Sourcebook (section 5.1.4 ‘in particular, a firm should deal fairly with a banking customer whom it has reason to believe is in financial difficulty’). My personal situation has been affected by the charges leaving me in financial hardship and I am writing to request that you take the following grounds into consideration:

As a result of these charges, I am struggling to meet my rent and utility bills payment. My income is being eaten by up charges, as account goes over its agreed limit and as result I am charged for fees and then charged again if account is not in credit straight away. As a result of this occurring my payments are getting returned unpaid with additional charges. The recent bank charges have made my financial situation materially worse and are not helping me. I believe the fees are disproportionate as I have been charged as a example I was charged £25.00 for a £3.75 payment made, and £25.00 for a £0.61 card payment.

Therefore this is leaving me in circle of charges therefore I would like a refund of £553.00 to help me stabilise my financial situation and keep my bank account in credit so I do not keep incurring charges.

The charges total £553.00 and I ask that you repay me the full amount.

I have attached a full schedule of the charges below with this document.

I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.

[sajeel]

They have replied saying they are not going to refund charges and recently have received a letter of threat to say if i do not pay charges they will close my account, they have cancelled all direct debits on my account and suspended my card.

[slick132]

Hi Sajeel,

 

You say that was your first letter. What was said by you subsequently ?

 

Have you read this Guide here about reclaiming charges and Financial Difficulties - http://www.consumeractiongroup.co.uk/forum/showthread.php?387436-Letter-for-consideration-regarding-Hardship-or-Financial-Difficulty

 

[slick132]

Hi Sajeel,

 

You last post has been hidden as it revealed all your personal data including name, address and a/c details.

 

I'm not surprised the bank decided not to refund as the letter made little sense to me. It certainly wasn't a template you got from CAG !!

 

[dx100uk]

where did that master piece come from...:lol:

 

 

http://www.consumeractiongroup.co.uk/forum/content.php?829-Charges-successfuly-reclaimed-from-RBS-last-year

[sajeel]

oops sorry about that

 

here is letter again

In response to your letter dated 5th June 2013, I am very disappointed you have not refunded all charges as per my letter dated 3/6/2013

 

I am writing again to request that you repay all the charges in relation to direct debits, unauthorised overdrafts and standing orders and fees that have been applied to my account since January

 

I would like to request a refund of all the default charges that have been applied to my account since January2013. I do not believe these charges reflect the true cost to you Santander.

 

I believe that your charges are disproportionately high, and therefore they are contrary to the Unfair Terms in Consumer Regulations 1999.

 

The charges total £746 minus £130 refund given. I would like to request repayment of this total sum £616

 

Charges:

2/13 £150

3/13 £10

4/13 £235

6/13 £25

7/13 £15

8/13 £150

9/13 £146

 

This includes charges congaing paid item fees, daily unarranged overdraft and unpaid direct debits.

 

After studying bank charges I can see your charges are inconsistent as some transactions you have not charged for even though account was overdrawn over limit and other transactions you have charged when account was in credit.

 

Therefore I suggest a refund of £616 to my account.

 

Should this not be acceptable then I enclose my fee schedule along with terms and conditions below.

 

Your said failure to provide the refund of £616 within ten (10) days, from the above date, will constitute your agreement to the following terms:

 

Terms & Conditions Reference No: SRR001

 

Terms & Conditions

 

Respondent (private details):

 

Rebecca Ratcliffe

c/o alleged Santander

PO Box 1125,

Bradford

BD1 9PG

 

Proponent (private details):

 

 

Parties:

These Terms & Conditions are applicable to the above named parties, also including but not limited to colleagues acting for or on behalf of the named parties:

Applicability

Whereas all Banks and “Government” have been duly foreclosed upon (ref: UCC Doc # 2012127914 https://gov.propertyinfo.com/DC-Washington/), Respondent therefore acts in the capacity of a private individual.

In the absence of government statutes and bank or other corporate contracts, the only instrument that will compel performance between private individuals is a lawfully binding contract.

Respondent’s Responsibilities

It is Respondent’s onus and responsibility to provide proof of claim in the form of a Sufficient Verified Response of a lawfully

binding contract, presumed or claimed to exist between the parties. Additionally any claimed contract must possess all

elements of a lawfully binding contract including but not limited to; offer, acceptance, true reliant statements of fact, intent and

consideration, and that these elements have been knowingly, willing and intentionally disclosed to Proponent.

Absent a lawfully binding contract, this document notices a contractual good faith offer of terms and conditions between the parties which upon acceptance will form a lawfully binding contract between the parties.

It is Respondents responsibility to inform and advise any colleagues acting for or on behalf of Respondent of these

terms and conditions.

See Schedule A for contractual obligations arising from acceptance of these terms.

Sufficient Verified Response

Owing to the seriousness of the matter, only a response that meets the following criteria qualifies as a Sufficient Verified Response. Response must:

1. be duly registered verified and sworn documentation of standing, authority, value, and rebuttal of every point

with specificity and particularity;

2. exhibit written delegation of authority signed by the Respondent if response is by another;

3. use words defined within common dictionaries (e.g. Webster's or Oxford).

No correspondence will be entered into by telephone.

A facsimile and digital scan of this document shall be legally binding as an original.

Method of Rejection

No contract shall be considered entered where Respondent does not do or perform any of the actions listed in Schedule A.

No action, no contract.

Method of Acceptance

A lawfully binding contract is knowingly entered into by Respondent or any of their agents doing or performing any of the

actions listed in Schedule A. Action is acceptance.

Terms of Acceptance

Acceptance is with Respondent’s consent to the following:

1. Agreement with all terms and conditions stipulated herein;

2. Unreserved acceptance of charges payable stipulated in Schedule A;

3. Respondent irrevocably and unconditionally waives any and all rights of objection, immunities or defenses.

Schedule A

 

Currency: *Troy ounces of 99.9% pure silver.

Silver has been selected because the former corporations that issued currencies have been foreclosed.

Collection fees: Collection fees for any unpaid invoices are additional.

Charges

Item

Description

*Rate

(in ounces of Silver)

1

Any claim absent a lawfully binding contract between the parties

2,000 oz.

2

Enforcing or attempting to enforce any prior issued instrument from a foreclosed entity

2,000 oz.

3

Enforcing or attempting to enforce a judgment from a “Court”

5,000 oz.

4

Engaging any 3rd Party service absent a lawfully binding contract between the parties

10,000 oz.

5

Breach of privacy including but not limited to each or any form, notice or letter addressed to anyone other than the Proponent at the reply address noted on each presentment

500* oz.

6

Unlawful physical or non-physical threat including but not limited to a threat of prosecution, restraint, bodily harm or legal action

4,000* oz.

7

Unlawful physical harm including but not limited to restraining Proponent or inflicting

bodily harm.

10,000* oz.

8

Unlawful repairable Damage to the Proponent’s private property or goods instigated by or caused by the Respondent

5,000* oz.

9

Unlawful destruction of Proponent’s private property or goods including but not limited to irreparable damage

10,000* oz.

10

Unlawful claim of ownership of Proponent’s private property or goods including but not limited to sale or auction

5,000* oz.

11

Action against another, not party to these terms and conditions, absent a lawfully binding contract between the parties, causing harm to Proponent, including but not limited to damage of Proponent's measurable energy

1,000* oz.

12

Each telephone call made by Respondent in the pursuit of any claim absent a lawfully binding contract between the parties

1,000* oz.

13

Seizing Proponent’s private property or goods as surety for payment of any claim absent a lawfully binding contract between the parties

1,000* oz.

per calendar day

14

Each day claim is made against Proponent's private property or goods, including but not limited to registering a lien, absent a lawfully binding contract.

500* oz.

per calendar day

15

Unlawful arrest or detainment per calendar day or part thereof.

1,000 oz.

per calendar day

16

Operating or perpetuating any and all private money systems, issuing, collection, legal enforcement systems, operating SLAVERY SYSTEMS of and against the One People*.

*The One People as defined in UCC 2012079290

1,000* oz.

per calendar day

Note: Without a lawfully binding contract in place, any fee, charge or invoice levied on an incremental basis including but not limited to containing any interest component, will be treated as though a separate incidence. Units of increment will determine number of incidences invoiced.

Changes to Terms and Conditions

Terms and conditions may change at any time. Respondent will be offered new terms that will supersede and cancel

any previously issued terms and conditions.

 

 

 

This document is delivered by Royal Mail Recorded Delivery and I deem it to be served on you in the meaning of Section 7 of the Interpretation Act 1978 and therefore your responsibility and it's in your own interests this letter is handed to the relevant person within your organisation.

 

 

Yours sincerely,

[sajeel]

they are harrasing me by phoning me on mobile and home phone every day, i will be looking to take them to court for harrasment and unfair charges and not helping in hardship, i will try a letter to ceo before doing this, as a op on here had success with letter to ceo.

[sajeel]

Hi Sajeel,

 

You last post has been hidden as it revealed all your personal data including name, address and a/c details.

 

I'm not surprised the bank decided not to refund as the letter made little sense to me. It certainly wasn't a template you got from CAG !!

 

 

 

re posted letter,

 

its a courtesy notice agreement to inform banks that any future harrasment in any form will result in them being billed and invoiced in the conversion of silver.

They have been calling my mobile and house phone every day. I have not answered nor spoken to them.

[slick132]

Hi Sajeel,

 

The letter you have used really makes little sense and has probably been ignored by the bank. For instance, why would you look to charge the bank 1,000 ounces of silver for phoning you ??!!

 

If the bank is calling you every day, use a letter from the Library telling them to keep to contact in writing only.

 

Stick to tried and trusted methods.

 

[BRIGADIER2JCS]

Have to agree with slick the letter has no merit, it may get framed and hung in their office but is very, very unlikely to get any response.

 

As said stick to tried and trusted methods.

[sajeel]

Hi,

 

A letter to the ceo sorted matters out, got refund of charges and account back open, all charges were refunded.

[slick132]

Hi Sajeel,

 

Thanks for the updated and I'm pleased to hear you got the charges back.

 

Was any other correspondence involved or did they refund in response to your letter in post #13 above.

 

[sajeel]

Hi Sajeel,

 

Thanks for the updated and I'm pleased to hear you got the charges back.

 

Was any other correspondence involved or did they refund in response to your letter in post #13 above.

 

 

 

A Brief letter stating i am unhappy with charges and i would take them to fca and court if neccesary to claim unfair charges.