Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default need initial letter draft for overlimit claim

    hi all

    I have prepared spreadsheet of overlimit claim and now need a sample of the initial claim letter to send to the bank.

    would greatlu appreciate any help

    thanks


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  2. #2

    Default Re: need initial letter draft for overlimit claim

    adapt to suit........remember the oft no longer exist but you can refer to them

    Account number
    Account number................... ................ date etc

    Dear Sir/Madam

    Following media reports,and an investigation into credit card charges by the Office of Fair Trading,which I have recently been made aware of,I now understand,that the regime of fees which you have been applying/applied to my account in relation to late fees, and over limit charges, are unlawful at Common Law,Statute and Consumer regulations,in that they did not/do not, represent a genuine pre-estimate of your actual costs.

    I would draw your attention to the terms of the contract which you agreed to at the time that this account was opened. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law,and in consideration of fair business practices and good faith.

    It is my contention, that you have failed to operate my account in a manner condusive to the above,and have demonstrated a lack of fiduciary duty.

    I calculate that you have taken £xxx plus £xxxx which you have charged me in interestwhich total £xxx. 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 impecuniositiy’ caused directly by the taking by you of penalty charges which you had applied to my account.

    In recent years,Courts have been happy to accept claims for bank charges that exceed 6 yearsicon,whilst having regards to the precedent set between KLEINWORT BENSON -v- LINCOLN CITY COUNCIL under section 32 (c) of the limitation acticon 1980.
    Should county courticon action be needed I will be seeking to rely on this.


    Therefore this letter requests a refund of all charges indicated including interest 14 days from the date of this letter.
    I request that payment is made directly to me,by cheque,and that any refund in whole or part should not be allocated to any set off or third parties.
    Should this occur,my claim will be deemed as unsettled and I will proceed to the Courts for recovery.

    You now have 14 days to respond positively,and in the absence of this,I will put you on notice with a further 14 days,letter before actionicon.
    I trust this clarifies my position.

    Yours Faithfully

    Enc; Schedule of charges

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  3. #3
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    Default Re: need initial letter draft for overlimit claim

    brilliant dx... thank you so very much!!!


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