Thread: Some advise please

Today I sent a letter out to the Halifax for a refund of bank charges over the last 6 yrs. I only had 8 months statement so, the letter was for an estimated amount over the 6 year period (bbc) I also sent a letter + fee for statements dating back 6 yrs. What i wanted to know, is should i wait for the statements to arrive, or after the initial 14 day period, there is no response, should i go straight to the court procedure?

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i would read through the relevent threads to your bank on this site also read the faq section

Hi Ulster4
I am a beginner myself at this process, but my thoughts would be gather your information accurately before you fire off any letters as I suspect the more accurate and professional your approach may well have some bearing on their response.
However there are some very knowledgeable people posting on this site and I would recommend a full trawl of the site which I am doing myself.
All the best from across the water.

Thanks for you reply, please explain how by using this template i would have jeopardised my case

Dear Sir/Madam

Regarding: [Your Account Number. Your Sort Code.]

Due to recent media coverage on bank charges I now believe that you, [your bank’s name]

have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts

Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms,

which may be regarded as unfair, such as a term that requires me as a consumer who fails in

his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high and therefore they are contrary to the

Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a

Penalty. Penalty charges are irrecoverable at common law. The precedent for this was

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. It is clear that your charges do not

reflect any actual and or real loss.

I currently have my bank statements for the last [XX] months the charges during this period

come to a total of £[XXX.XX]. Therefore I have estimated that over the last six years the total

amount of charges you have applied to my account is £[XXX.XX]. Consequently I require you

to refund me a total of £[XXX.XX], representing the total, unlawful amount charged during the

last 6 years. If you disagree with this amount please supply me a copy of all the charges

applied to my account dating back six years within the next 7 days.

I hereby give you 14 days to refund all the charges dating back six years on to my account,

plus provide evidence that this is the total amount. For the avoidance of doubt, if this is not

done within 14 days, I will commence legal proceedings without further warning. This action

will inevitably involve you paying additional costs.

I also hereby request a detailed report of which clause in your terms and conditions each

charge has been applied againsty case?

thanks for the response - how do i remedy this? I have already requested (via post and phone) for my lad 6 years statements to be sent.