Thread: Starting claim...

The letter is absolutely a bog-standard response - got mine on Saturday 25th Nov and got the statements yesterday (29th).
The bit about manual intervention is basically saying 'we're not going to admit to you that we charge £30 each time our computer goes 'ping'' so they're not going to tell you if a human was involved in any of your transactions, which is fine, because if it ever got to court... (scuse me while I compose myself - can't help but smile at the thought of a case getting that far) ... they then can't turn and say 'but we charge that much because we have people working on these charges'.
So keep the letter safe

Hiya Jonwilx

You are right you wont be able to claim this agin - but as you are the start of your claim this so deosnt matter. If when you coem to file your court form, you can amend your summary charges to reflect this refund.

Feel free to include a question askign them to identify which charges they have refuned - but if they do not respond then I would just erase the four oldest charges off the spreadsheet accordingly.

What you do is send them the following letter

Please feel free to amend it to suit your own needs


Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a county court claim if necessary.

I now understand that the regime of 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.

I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX. I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX].

Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.

I trust this clarifies my position.


You only the red parts if you are chasing them to remove a default notice (which I dont think you are)

I hope this help you - and feel free to contact me agin if you get stuck

Good luck mate