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A friend of mine has some charges on her statement request which go back to March 2000.Is it in ordre to claim these or does she have to go from date of 1st letter request in December 2006

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Try this template. Worked for me- got full amount refunded within 7 days:- I appreciate the offer from you of £xxx which I am afraid is not acceptable as it falls well short of the £xxxx which was my original claim. To charge me £xxxx for been overdrawn, when you have already charged me interest on these amounts,is a penalty charge. This is a disproportionately high sum in compensation for being overdrawn, which is in breach of the following:- Unfair Terms in Consumer Contracts Regulations 1999(S.I. 1999/2083. My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contract Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations. “indicative and non-exhaustive list of terms which may be regarded as unfair – 1.Terms which have the object of effect of (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation” In the case of Dunlop Pneumatic Tyre Co.Ltd v New Garage and Motor Co.Ltd[1915] AC79.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 or real loss. I am only prepared to pay the charges on condition that you agree to repay me the full amount if the small claim court finds in my favour and declares the charges unenforceable I therefore wish to inform you that I require the amount of £xxxx to be paid by cheque or credited to the above account within the next 14 days(1xx month) or I shall without any further notice issue proceedings for recovery in the Courts, in which you will be eligible for all my costs and for an extra 8% APR as allowed by the County Court Act(1984).The interest amount at today’s date stands at £xxxxx,whch will be recalculated to the correct figure on the day of the judgement Yours faithfully, The paragraph beginning " I am only prepared" is very important.It protects your position in the instance of you losing!!!! at the small claims court,and shows that you are acting reasonably Hope this suits your circumstances -Keith

Same thing happened to me.Just reject the offer and go for full amount,ignore any confidientially clause.They coughed up the full amount 7 days later.All this is done to frighten customers witless so that they will be too afraid to do anything.Dont forget NO BANK HAS YET EVER GONE TO COURT TO DISPUTE A CLAIM.Keep up the pressure and use the correct template letter and you will win

Yes thats how I did it.Declined their first offer which was £160 short,told them wanted full amount.7 days later they coughed up all of it.Just sit tight and wait and you'll get it all

Its up to you but I turned the offer down as been totally unacceptable.Part of my letter template follows:- I appreciate the offer from you of £xxx which I am afraid is not acceptable as it falls well short of the £xxxxx which was my original claim. To charge my £1105.50 for been overdrawn a total of around xx days in 200x, xx days in 2004 and xxxdays in 2005 over the last six years, when you have already charged me interest on these amounts,is a penalty charge. This is a disproportionately high sum in compensation for being overdrawn, which is in breach of the following Unfair Terms in Consumer Contracts Regulations 1999(S.I. 1999/2083. My account falls within the ambit of Regulation 5 of the Unfair Terms in Consumer Contract Regulations 1999 as I am a consumer. Your charges constitute an unfair penalty under reference to paragraph 1(e) of schedule 2 of the said regulations. “indicative and non-exhaustive list of terms which may be regarded as unfair – 1.Terms which have the object of effect of (e) requiring any consumer who fails his obligation to pay a disproportionately high sum in compensation” In the case of Dunlop Pneumatic Tyre Co.Ltd v New Garage and Motor Co.Ltd[1915] AC79.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 or real loss. I am only prepared to pay the charges on condition that you agree to repay me the full amount if the small claim court finds in my favour and declares the charges unenforceable I therefore wish to inform you that I require the amount of £xxxx to be paid by cheque or credited to the above account within the next 14 days(xxth December) or I shall without any further notice issue proceedings for recovery in the Courts, in which you will be eligible for all my costs and for an extra 8% APR as allowed by the County Court Act(1984).The interest amount at today’s date stands at £xxx,which will be recalculated to the correct figure on the day of the judgement Yours faithfully, Just edit which bits you like and fill in the xxx with your own amounts.If its difficult leave out the overdrawn figures for days and go straight on to the Unfair terms in Contract etc paragraph The paragraph beginning "I am only prepared""is very important.It protects your position in the instance of you losing at the small claims court,and shows that you are acting reasonably Any probs let me know Keith

Hi Dani, No go for the whole lot.Did the same to me,Claim was for £1105,and first offer was £940.Sent final letter and they coughed up the whole amount.Any problems post on here and I will try to help

First Direct letter this morning,offering to settle the amount in full.Will of course now accept Will now devote my energies to helping others on this site get there money

Just sent off my rejection letter,giving them up to 14th December to cough up the full amount or its court papers next.Looking forward to it getting to the next stage as the interest they would have to pay would be around £250

Received the following letter this morning in relation to my claim for £1105. "In circumstances where you have authorised a payment that would,if met by us,lead to your account going overdrawn or to exceed an agreed overdraft limit,we have to consider weather to make this payment.A fee is payable for this service provided by the bank,details of which are clearly set out in our published tariff.The circumstances in which the fee will apply are clearly set out in our Account terms and conditions,a copy of which was provided to you when you opened your account.We are confident of our position and believe that if your claim for a refund proceeded to Court,we would successfully resist any legal challenge in relation to these fees. First Direct, is however mindful of the management time and irrecoverable legal costs we may incur in relation to such a claim.For those commercial reasons alone,and without admission of liability whatsoever,First Direct is prepared to make a payment to you in the sum of £940 in full and final settlement which I believe to be a fair and reasonable offer."" This letter is headed WITHOUT PREJUDICE Do you think I should accept this offer,or go for the whole amount of £1105.I think they have realised that as most of these charges were in 2001 and 2004 there will be around £300 in Interest charges I seem to be stuck between the devil and the deep blue sea now!!!

I received the statements about a month ago and have now sent off the first letter claiming just over £1000 .Received letter back on 15th November stating they will reply within 10 working days.Have a second letter ready awaiting expected negative reply

Thanks Bong for your kind reply.Yes there was an arrangement fee when a customer representative phoned me to inform me that I was overdrawn.They sent me a letter stating that there was a fee for increasing the overdraft from £200 TO £500.I haven't ,as you mention claimed this but intend as you say to claim the overdraft fees back.Altogether there has been 13 debits of £25 for overdraft fee and 11 debits ranging from £9 to £124 for excessive overdraft fees.I take it that these are the amounts to claim back?

I have been looking through my bank statements over the last six years and I find that I have been charged an overdraft fee of £25 and on top of that an excess overdraft fee of £124on numerous occasions Can I claim all of these back which amont to about £1100 over the last five years.I was also charged an overdraft arrangement fee last year when they re-negotiated my overdraft limit by phone.Can I claim this back.Can I also claim interest on this money over the last five years.Any advice would be helpful as I am only a pensioner and finding it hard now to make ends meet.Thanks to a wonderful web site

I am a student at college and just before Christmas I had a direct debit go through on the 6th December,I made sure that that very day I went to the bank and deposited enough money to cover the direct debit.Within two days I received a letter from the bank dated the 6th stating that they were charging me £30 for a refused direct debit.I noticed on the statement that the money paid in came below a small cash withdrawl at 7pm I have sent a letter to the bank but after a promise to ring me back at 11 am on Thursday, I have heard nothing What do you advise as my next course of action. Many thanks