Me vs BoS

[df1985]

Morning,

Having used much of the info on this site I wrote away claiming charges for £2064 from BoS over the last 3 years. I had no idea it was so much till I pored over my statements!

 

Got a letter back today offering £1108...not to be sniffed at but still just over 50% of what I have paid them in penalty charges. Before I go charging ahead angrily demanding everything back does anyone have anything to advise?

 

I feel that I ought to push for more at this would wipe out my student overdraft (which I wouldn't have if it wasn't for these charges!!)

 

Cheers,

df.

[DaringDon]

Accept it as part settlement and advise them you'll be pursuing them through the courts for the remainder (they'll probably withdraw their offer at that point).

 

Keep going df!!!!

[df1985]

can't i just refuse the offer and ask for the full amount?

thanks for the advice!

[cariad mo brwydrwr]

You can point blank refuse the offer, but I think the general consensus is to accept it as an interim payment and continue claiming for the rest. You don't have to 'charge angrily ahead' though, just politely point out that you thank them for their offer, however you will still be claiming the rest. I presume this offer is just following your prelim letter? I got an offer at this stage as well - this is what I wrote back (with thanks to a mix of templates and other people's letters on CAG!):

 

Dear xxxxx,

 

LETTER BEFORE ACTION

 

ACCOUNT NUMBER: xxxxxxxxx

SORT CODE: xx-xx-xx

Thank you for your letter of xx September 2006. I am happy to accept the offer of £xxxx.xx payment from you as an interim payment on the total amount of my claim, though not as full and final settlement.

I must differ with the views expressed in your letter as to your charges being fair, reasonable and transparent. As I have already stated, 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. The charges laid out in the original contract are unlawful penalty charges and cannot be legally enforced i.e. charges in relation to unauthorised Overdraft, Referral, Chq/DD/SO Unpaid etc are a disproportionate penalty and therefore unenforceable as they are contrary to Common Law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2 (1) (e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Therefore, I would once again 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.

 

Since my initial letter further charges have been levied on my account, bringing the total I calculate that you have taken to £xxxx.xx. I am enclosing an amended copy of the schedule of the charges which I am claiming, further to the copy I already sent in my original letter of the xx xxxxx 2006. [This paragraph may or may not apply!]

I would also point out that the 14 day period I defined for resolution of this matter has now ended without satisfactory conclusion. I require repayment in full of this money, to a total of £xxxx.xx. If you do not comply fully within 14 days (on or before xx.xx.06) then I shall begin a court claim against you for the full amount plus interest as well as my costs and without further notice to you. I have included, on the schedule of charges, the standard 8% APR interest amount that will be applied for your reference should this go as far as a court.

 

I trust this clarifies my position.

 

Yours sincerely,

 

 

Its not angry, it just makes a point! Are you only claiming 3 years because you've only had the account that long?

[df1985]

No, have had the account for more years but only was awarded my first charge in 2004 sometime.

 

Thanks for putting that letter up, very useful!!

[cariad mo brwydrwr]

Oh ok, I was just curious... you were clearly a very good boy until then, hehe

 

No problem, glad to be of help. I'm still learning as I go, so passing on what I can along the way