Reclaim Your Bank And Card Charges

[orangebird]

Originally Posted by Mr Angry

Mike,

Yes.

The above template, whilst useful, represents more of a potential danger to the sender than the receipient.

There is a correct & very specific procedure / process to follow. Once you throw in threats about the DPA and OFT you are actually arming them (the respondant).

---------- Post added at 15:38 ---------- Previous post was at 15:37 ----------

Handyman, will do.

So which letter do I use then?

[Chrysalis]

Originally Posted by Mr Angry

As the law stands fees charged which do not represent the liquidated losses only (ie. penalty fees / charges) are illegal whether incurred in respect of credit cards, bank accounts or any agreement covered by consumer contract law.

The OFT merely gave its opinion on the law, it did not quote the law.

if its fully illegal then why arent the banks having some nice fines slapped on them?

[Mr Angry]

OB you're dealing with FD isn't that right?

[Mike]

Originally Posted by Mr Angry

Don't use that template letter - it's too broad ranging and could serve to undermine your case.

There is a process to conducting a successful claim which you must follow.

1) Write to the bank and ask them to refund all penalty charges applied to your account over the last six years.

2) When they refuse then write to the bank making a subject data request under the 1998 Data Protection Act citing exemptions under CH35 part 2 (a) & (b)
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Part IV Exemptions

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,
-------------
Allow them forty days to comply with your request and remember to enclose a cheque payable to them in the sum of £10.00 (the statutory fee payable for this information).

Once you receive your data then work out the charges and the 8% interest and you then write to the bank asking that they refund same within fourteen days otherwise you will initiate County Court proceedings for recovery.

So are you suggest a simple.................'give me back the charges applied to my account letter' and not to get heavy at this stage ?

Mike

Handyman...........looking forward to an update !

[Mr Angry]

Originally Posted by Mike

So are you suggest a simple.................'give me back the charges applied to my account letter' and not to get heavy at this stage ?

Mike

Handyman...........looking forward to an update !

More or less.

The banks are now a lot more complicit than they were when first challenged about two years ago. Back then we had to quote relevant law and cases to them and they still held out until the last minute.

Nowadays, with much more of this information and assistance freely available in the public domain ,they know it's in their best interests to throw their hands up.

There have been a few cases of late, notably the Halifax, who have paid up on receipt of the first letter.

[Graham M]

Is this worth a go with Lloyds TSB do you reckon?

[orangebird]

Originally Posted by Mr Angry

OB you're dealing with FD isn't that right?

Yes

[Florence]

would this work with First direct.

[Gareth]

Florence & Zeph, I didn't tell you this, but yes

[handyman]

Originally Posted by Gareth

Florence & Zeph, I didn't tell you this, but yes

Ohhhh the enemy giving out secrets

off topic - enjoy your F1 thingy Gareth?

[Mike]

Originally Posted by handyman

Ohhhh the enemy giving out secrets

off topic - enjoy your F1 thingy Gareth?

Any update on your claim ???

Mike

[handyman]

Got another letter stating again a big no.

Have sent It over to the angry chap to have a look. Did not have the time to edit it and post. Might have a look after lunch.

[Mike]

Originally Posted by handyman

Ohhhh the enemy giving out secrets

????????????

Mike

[handyman]

Originally Posted by Mike

????????????

Mike

I'd have to kill you
Heres my letter with names removed to protect the innocent

[Mike]

All Irrelevant to your claim...............you are not disputing the condition applied to the account but the charges . Any news from Mr A ?

Mike