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Does anyone think there's any point in sending the following to the bank as a follow-up to my initial letter demanding repayment of charges? Interested to know your opinions.
Cheers
Andy
Re: Peripheral Effects of your Unfair Charges to my Account
'Further to my two previous letters regarding the unlawful charges you have applied to my current account recently I am giving you notice that I will be referring to the following matters if and when you force me to take this matter to court. I feel that whether or not a court feels it fitting to award costs etc for the following, it might at least be interested in the results your actions and subsequent intransigence have had upon a customer and his family.
I am a self-employed motorcycle courier who requires weekly funds to maintain my vehicle and purchase petrol to keep it on the road. Your actions have meant that my week’s wages are likely to be swallowed up in repaying your charges and, as I have no further overdraft facility, I will be unable to work to earn money to get me out of this situation. I will not be able to replace tyres, brakes and so on when they wear out and will eventually have to give up work. This will cause hardship not only for me but for my family who rely on my income to keep a roof over their heads and food in the fridge. I have mentioned this fact to bank staff in telephone calls and it has made no difference.
I have an agreement with the Inland Revenue to make weekly payments which I will be unable to honour due to your charges. If I cannot make these payment I will be taken to court.
My mother is currently ill in hospital in Liverpool. I need to be able to travel to visit her when she goes home. Again, your charges will make this more difficult.
You returned a cheque in favour of BT last week. If I do not honour the bill this relates to the phone will be cut off.
Finally, on a more personal level, it is my son’s 21st birthday today and your charges mean I cannot give him a suitable present.
All the charges you have made stem from the initial two which were applied to the direct debits you returned despite my telephoning to cancel. I expect these charges to be returned to me without further delay.
Please be in no doubt that I am aware these charges are unlawful, excessive and unenforceable as they do not reflect the true costs incurred by you with regard to the matters to which they allude and that that I will continue to take steps to recover what is rightfully mine and will certainly present the above and any further hardship suffered for consideration in Court.'
Not really. You're not arguing about the circumstances in which the charges were made, you're arguing that the charges themselves are unlawful. If you send this letter you're giving them an excellent opportunity to enter into a long debate with you about stuff which is absolutely irrelelvent to your case.
If you've already sent a letter demanding your money back you should either do an lba or go directly to court, which will tell them everything they need to know about your position.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
I think it is too personal.... if it was me I would just get really annoyed by the fact that they don't care that your mother is in hospital or that it's your sons 21st birthday when they respond with their "couldn't give a xxxx attitude" keep it clinical!
On the other hand.......I did see a comment on a financial debate on tv that said that banks were supposed to exercise restraint on levying charges on customers
who were suffering hardship. Yeah right.
As, I assume, your claim against your bank is still some time away from settlement, perhaps you could amend the letter, explaining the hardshp they are causing you. And reminding them of their obligation not to apply over- punitive charges in cases such as yours. For instance, as they know you are claiming their charges back, could they not take future charges from your account pending the Court case. Instead they could post them to a suspense account until the matter between you is resolved.
Even a partial respite on your charges could help. Otherwise, open another bank account, or get your company to pay you by cheque that you can cash at your
companys bank.
You already have a running thread about this. Please do not start a new thread for each query you have relating to the same claim.
Also, can you please tell us which bank so we can move your threads to the relevant forum? It is increasingly obvious that this should NOT be in "general".
Apologies to people who I was in the process of helping, I may be gone some time.
Any Point????
facility, I will be unable to work to earn money to get me out of this situation. I will not be able to replace tyres, brakes and so on when they wear out and will eventually have to give up work. This will cause hardship not only for me but for my family who rely on my income to keep a roof over their heads and food in the fridge. I have mentioned this fact to bank staff in telephone calls
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