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Loula

Loula v LTSB (Sole Acct)

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Thanks Lotta Littlies!

 

I am so enjoying this process - I guess you are too!

 

LOULA

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Only just got a chance to sort out the RD Preliminary Request for Refund letter.

 

Will be in the post recorded delivery tomorrow.

 

LOULA

 

Dear Sirs,

 

Request for repayment of charges

 

ACCOUNT NUMBER: XYZ

 

I am writing to ask you to refund to me the charges which you have levied from my account over the last six 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 you will pleased to 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.

 

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.

You concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I calculate that you have taken £3260.00 .

 

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

 

 

Yours sincerely,

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Letter sent RD today.

 

Will check on Wednesday with Royal mail to confirm it was delivered!

 

LOULA

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Have received the 'standard' reply....

 

Thanks...understand this...you should be aware...blah blah blah!

 

It was sent from Service Recovery, hand signed (now that's worth framing) by Mrs Jean Campbell, Assistant Manager!!!!!!!

 

You can see it is a standard letter because it goes on about withdrawing debit cards, overdrafts and chequebooks. None of which I possess!

 

14 Days are up on 24 April. Roll on Monday!!!!!

 

LOULA

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Picking up after almost a year off due to illness, accidents and new born babies...

 

Back to May 2006

 

16 May 2006

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER:

 

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.

 

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 calculate that you have taken £3260.

 

I require repayment in full of this money. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus my costs and without further notice.

 

Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.

 

Yours sincerely,

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Received the usual 'bugger off' reply

 

(will post dates names details tomorrow)

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I then fell seriously ill, had a major car accident, had a baby and thing generally fell by the wayside!

 

Then I get more bank charges and guess what I did???????????

 

14 March 2007

 

Dear Sir or Madam,

 

Re. Account number:

 

I refer to default charges applied to my account amounting to £2800, which I have requested you pay back.

I wrote to you on 16 May 2006, making the original request for a payment in settlement of my claim. As I have not received a satisfactory response, I am writing to inform you I intend to claim the full amount claimed together with interest up to the date of judgment and court fees in the proceedings through the county court.

This is based on the Unfair Terms in Consumer Contracts Regulations, as I believe these default charges are unfair and not proportionate to your costs, and therefore the Northampton court will rule in my favour.

I have attached a full schedule of the charges with this document

 

Yours faithfully,

 

Now the amount has changed as I have moved forward one year.

 

Had I thought about it a little more, I would have just claimed back every penny the thieving toads have had from me since 1999 when I opened the account.

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Welcome Back - Go Get 'em!

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This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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style="text-align:center;"> Please note that this topic has not had any new posts for the last 4611 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

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