Starting to Claim back my charges - what is it with Banks?!!

[siboboo]

Hi All,
Well, I posted in April after finding out about other people in the same situation as me and eventually after finding a spare £10 to get my bank statements I have started to claim back my charges from the Halifax (did you know they own Sheila's Wheels? Won't be getting Car Insurance from them!).
I used the standard letter writing to them and asking for my bank charges in full £1257.00 in total. I got a letter back from them letting me know that they pass on the charges caused by us blah blah and offered me £108.00 - of course I wrote back and told them thanks for the offer but can I have it all please?!! I have just got another letter back saying exactly the same thing and I can have £323.00 as this is 6 months worth of charges back (the cheapest 3 months though!!). I don't really know what to do now - I think I might call their bluff and send another letter declining gratefully but please can I have it all and see what happens. I guess if they still don't come through with the £1257.00 I'll have to put the claim through. In the meantime I am still accruing charges. I asked for advise in the branch but the lady just shrugged he shouldrs and said she couldn't advise me. I thought thats what banks are for - tell me, would I be better keeping my mooney under my matress??!!
Anyway, please come back with your comments - I'd really like some advise from people who have done the same.
Thanks and speak soon!
Sibo

[closey]

Have you read the FAQ's? Everything you need to know is there.

Which letters did you send? Did you give them timescales? Basically you set the timescales not them. Their offer is unacceptable, however as I'm unclear what you wrote in your second letter I am unclear what to advise. If you wrote back giving them a final 14 days before action and they have made this offer, then wait for the time to lapse, if it hasn't already and file your claim online.

Don't bother communicating in the branch or over the phone. You are essentially taking action against a multi million pound company and you need everything in writing incase your case goes to court.

Please take time now to read back through the FAQs:

http://www.consumeractiongroup.c o.uk/forum/faqs-please-read-these/

[siboboo]

Hi Closey
Thanks for that. Here are the two letters I wrote:

4th September 2006

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: ********

My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last 6 years.
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. If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.
Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

Your responsibilities
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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.
Your concealment of the true nature of your charges has prevented me from asserting my right until now.

What I require
I calculate that you have taken £1197.00 in charges to date over the last 6 years.
I enclose a schedule of the charges which I am claiming with this letter.

My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

Yours faithfully,
Miss Siobhán Fitzgerald

Then after being offered £108.00 I sent:

18th September 2006

Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: ********
Dear Sir/Madam,
Thank you for your letter dated 08/09/06.
I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £1257.00 to date.
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.

My letter before action sent previously indicates that you have until 02/10/06 to respond before Court action commences. You are reminded that there will be no extension to this timescale.

I trust this clarifies my position.

Yours faithfully,
Miss Siobhán Fitzgerald


They then sent the next letter offering £323.00.
Do you think it is an idea to send another one asking again for full payment before proceeding with a claim? I am a bit nervous about putting a claim through the courts.
Sibo xx

[closey]

Nope, wait until your deadline passes and then file the claim. You have given them clear instructions of your intentions and your deadlines. All they are doing is slowing up the process. Stick to what you said and reclaim your unlawful bank charges..

[siboboo]

Hi,
Thanks for that I will have a look at the FAQ's again regarding the next step then. I'll keep you posted!!
Sibo xxxx

[closey]

Good work. There is all the information you need about filing your claim so have a good read and let us know if you have any question.

Finally I would now recommend starting a thread in the relevant bank forum. That way you can keep a timeline of your progress and receive additional help and support where required from others going through the same process.

[siboboo]

Great, thank you.
Logging off for today - look out for the next exciting installment!
Sibo xxxxx