sent template letter got this reply

[titanium_man]

got this this morning

 

RE: ACCOUNT CHARGES FOR OVERDRAFT EXCESSES AND RETURNED ITEMS

 

Thank you for contacting us about your complaint i am sorry that you feel we,ve let you down.

 

CONCERNS

Before i go any further i think it would be helpful if i set out my understanding of your concern:

 

you feel that the charges you have incurred are contrary to the unfair terms in consumer contracts regulation 1999.

 

you are unhappy with the amount of charges you have incurred as a result of being overdrawn and from returned items.

 

you have requested that all charges incurred should be refunded for the past 7 years.

 

 

Background/circumstances

 

When you become a customer ,we give you details of any charges for the day to day running of your account. Details of our charges are also available from our branch staff, telephone helpline or our website, While banking with us can be completely free, we apply charges if a customer does not have enough money in their account to meet payments they have requested us to make.

 

you incurred charges because you did not insure funds were available in your account to cover the payments set up by you. It is your responsibility to operate your account within any agreed limits.

 

As a business we are entitles to set charges to cover additional work. These charges are not hidden and are notified in the guide to banking charges leaflet we produce..

 

We advise out customers to ensure cleared funds are available in their accounts to meet payments due. You will also note that in the front of each shequebook we request that funds are availible before cheques are iaaued.

 

You accepted these terms when you opened your account and when you agreed your overdraft. We did not agree to pay your account on excess of the amount agreed without charges being made.

 

THIS IS WHERE IT SCARES ME

 

My Conclusion

Accordingly, i am unable to agree with your request to refund the charges. We do expect your account to be run in line with the terms and conditions of its operation, this means that you must ensure that cleared funds are deposite into the account the working day before any paymens are due. If you do not feel you will be able to run your account in accordance with the terms and conditions, we may have to consider withdrawing certain facilities such as debit cards, overdrafts and chequebooks, Alternatively you may wish to consider alternative banking arrangements.

 

what happens next?

 

 

I realise that you will not be happy with my response, but you can ask the financial ombudsman service to independently review your concerns, I have enclosed their leaflet that outlines how to contact them. if you do want them to look at your concerns, they need you get in touch with them within 6 months of the date of this letter.

 

yours sincerely

 

mandy horton

[BankFodder]

This is very Lloyds. They seem to be more vindictive than the rest. however, the case against them is stronger than the others thanks to their ex-head of personal banking Peter McNamara whose interview and transcript are in the Library.

 

Get ready to move accounts. Get a parachute account.

[Janet-M]

titanium_man I also notice the letter from them says you are asking to be refunded for the past 7 years ............. You are only allowed to claim back for 6 years .

[BankFodder]

Claim as far back as you want. Frankly i would even say to include the 7 year figure in your court calim.

 

It is up to them to draw the limitaion period tothe attention of the judge.

Even he judge doesn't have a duty to exclude the claim of the defendant doesn't plead the Limitation Act

[tonyross]

got exactly the same letter yesterday.sent DPA by return post same lady as well she must be getting busy

[vickster07]

Help, i sent the prelim template letter for current account bank charges along witha schedule of my bank charges and i got a similar letter from Lloyds is says the following:

 

Thank you for getting in touch with us. I am sorry that you are unhappy about your account charges.

 

Like any business we do make a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment this always means extra work and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft or tell cust2omers we can't agree it. We feel it's fair to charge for this service.

 

Of course it's only too fair too that wea re completely open about any charged for services before you take them up. That is why we take care to give every new customer the latest guide to our charges. you can also get up to date details about fees and borrowing rates at all of our branches through our helpline and or our website.

 

Just as importantly we do everything we can to help our customers avoid these charges altogether. I am sure you will know how easy it is to keep running a check (SHE GOES ON ON ON AND ON ABOUT PHONE BANK, INTERNET BANKING AND TELEPHONE BANKING AS WELL AS USING CASH MACHINE STO CHECK YOUR BALANCE AND THEN EXTENDING YOUR OVERDRAFT).

 

You have mentioned the new guidleines from the office of fair trading on creidt card default charges. We do not agree with OFT's thinking on this and we are still talking it through with them. But important point is that the guidelines are about default charges that people pay when they break an agreement with us. the fees we charge for dealing with your request to go over your agreed overdraft limit are not default charges because you have not broken your agreement. They are our prices for the service we provide in these situations.

 

I do hope that you can see that we make our charging system as fair as possible and why i cannot agree to cancel you charges.

 

Please let me know if there is anything else i can do if we cannot come to an agreed solution after this i will help you refer your complaint to the financial ombudsman service for independent advice.

 

If you are happy with the way i have dealt with your complaint there is no need to reply to my letter. If i have not heard back from you by the 07/03/2007, i will close my file though i will be happy to reopen it should you come back at any point afterwards.

 

Debbie Gilbert.

 

What should i do now??????????

[lucid]

Hi Debbie,

 

Firstly you should begin your won thread by clicking here. Having your own thread means you can easily chart your progress and it makes it easier for others to follow and to answer your questions.

 

The response you have got is their standard response so don't be concerned - it is their attempt to fob you off. Wait until the end of the 14 day deadline you gave them and then proceed with the LBA.

 

Good luck. Lucid

[dooley35]

I got the same letter from ltsb 4 weeks ago. I have written to them twice more, and have not received a reply. I have begun court action last monday for £1300.

 

Good luck against ltsb

[Sunfactor]

do i use the same letters with credit cards as i do with reclaiming bank charges

[BARTY]

do i use the same letters with credit cards as i do with reclaiming bank charges

Hi

Yes you do.

You should start up your own thread, and ask any questions on there.

Good luck!

Barty:)

[titanium_man]

This topic was closed on 03/06/19.

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