Bog off letter

[Hobson30]

I have received the following letter today, can anyone tell me if this is just a standard letter they have sent out and should I keep going with the claim?

 

Thank you for your recent letter and I apologise for any dissatisfaction cause by the application of charges to you account.

 

The bank is under no obligation to explain how it's charges are calculated and we are not prepared to entrer into any correspondence on this matter. The complaint is a confidencial commercial matter.

 

We beliveve that our charges are fair, reasonable & transparrent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which, we are satisfied, complies with all applicable laws and regulations. We are also commited to ensuring the transparency of the information that we give to our customers about the operation of our products.

 

Consequently, against that background, we must differ with the views you have expressed and will not be refunding any of the charges applied to you bank account.

 

We have considered the office of fair trading's statement of 15th April 2006 and do not accept it's findings in the relation to setting of credit card fees. We are concerned that the office of fair trading has publicly called into question the setting of charges applied to other products, including current accounts. The office of fair trading has restricted its investigation to credit cards and made no attempt to consult with RBS Group or the industry in relation to other entirly different products.

 

Having reviewed your account, I can find no instance where charges have been applied when they were not properly due. They have all been associated with a lack of covering funds in the account at the time items were presented for payment. Accordingly, the charges that have been applied to your account must stand.

 

In your letter you have claimed that we have been acting as your fiduciary, yet I am unsure of the basis for your contention. This does not form part of the normal banker/customer relationship.

 

I am dissapointed to note that you are contemplating legal action against the bank. Whilst I hope you will feel able to reconsider, should you decide to go ahead, please ensure that any proceedings are served on our Registered office address, which appears at the foot of this letter.

 

I suspect that this is unlikely to be the answer you might have hoped for to receive but nonetheless thank you for taking the time and trouble to contact us.

 

Stuart Higley

 

I know most of you have said that they send a std bog off letter out but I don't understand all of this letter. please help!!

[007coot]

This is a standars s*d off letter that many of us receive. Just stick to your deadlines and send the next letter - probably your LBA (letter before action) if the above letter was sent as a reply to your preliminary letter?

 

They will try all sorts to intimidate and scare you. Just stand up to them, we are all here to help you so please don't let them fob you off.

 

You will get what's rightfully yours in the end

[quinny1]

Yup.

 

The standard bog off letter from Stuart Higley's office.

 

Proceed as planned,and stick to your deadline.

 

Good luck.

 

Ken.

[Deller]

Yes, same letter almost word for word, Mr Higley must be getting fed up of sending them!!!

[PLucky]

I got exactly the same from him too. Just remember you need to slightly edit the LBA letter. For example instead of "I am dissapointed with your lack of a response" Or however it goes, I changed mine to "Thank you for your reply to my letter dated x.x.xx however I wish to blah blah"

 

Sorryf ro stating the obvious but I nearly didnt change bits in mine

[Pokerkings01]

Hi,

 

Wondered if anyone can give me some advise? I'm at the same stage and have had a "Off you go!!" response back from Higley. He asked me to forward my request to the registered office (Which I have done)

 

The thing is I am only claiming for charges since April 2006 as I don't beleive I have really ever had many charges since then? But since Aprill I have received £381 worth of charges and so decided to claim! Have I had a big mistake by doing this and should I have requested them for the last six years? I also sent copies of my statements from my online account and did'nt request the Subject Access request. Is this also a mistake? My statements Online only go back as far as six months and has now passed April and May so i no longer have copies.

 

Should I now send off a Data Protection Act 1998 form? or is it too late?

 

Here is a copy of my last letter sent. Does this look right? Any help would be very much appreciated.

I also haven't done the spreadsheet yet....?

 

National Westminster Bank Plc

Registered In England No 929027

Registered Office:

135 Bishopsgate

London

EC2M 3UR

 

12/10/2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

SORT CODE: xxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the 26/09/2006.

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 £381. I am enclosing a copy of the schedule of the charges which I am claiming since April 2006. I have already sent you a copy of this in my original letter of the 26/09/2006

 

I require repayment in full of this money and 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 I do not receive a positive response. If you do not understand what this means then seek advice from your legal department.

I would just like to finish by adding that I have been a Natwest customer since I’ve been old enough to earn money. I cannot believe you have treated me in the way you have over the last seven months. I have never had a problem with your services up until now. I hope this issue can be resolved as soon as possible.

 

 

Yours faithfully,

 

 

Daniel Carter

[Aitchj]

I sent my preliminary request letter on Mon 16th Oct and receieved the same letter, word for word this morning. HE's been a very busy chappy this week hasn't he?!

[Wheresmewallet]

I sent my preliminary request letter on Mon 16th Oct and receieved the same letter, word for word this morning. HE's been a very busy chappy this week hasn't he?!

 

 

His printer has:D

[Pokerkings01]

Hi,

 

Wondered if anyone can give me some advise? I'm at the same stage and have had a "Off you go!!" response back from Higley. He asked me to forward my request to the registered office (Which I have done)

 

The thing is I am only claiming for charges since April 2006 as I don't beleive I have really ever had many charges since then? But since Aprill I have received £381 worth of charges and so decided to claim! Have I had a big mistake by doing this and should I have requested them for the last six years? I also sent copies of my statements from my online account and did'nt request the Subject Access request. Is this also a mistake? My statements Online only go back as far as six months and has now passed April and May so i no longer have copies.

 

Should I now send off a Data Protection Act 1998 form? or is it too late?

 

Here is a copy of my last letter sent. Does this look right? Any help would be very much appreciated.

 

I also haven't done the spreadsheet yet....?

 

National Westminster Bank Plc

Registered In England No 929027

Registered Office:

135 Bishopsgate

London

EC2M 3UR

 

12/10/2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

SORT CODE: xxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the 26/09/2006.

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 £381. I am enclosing a copy of the schedule of the charges which I am claiming since April 2006. I have already sent you a copy of this in my original letter of the 26/09/2006

 

I require repayment in full of this money and 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 I do not receive a positive response. If you do not understand what this means then seek advice from your legal department.

I would just like to finish by adding that I have been a NatWest customer since I’ve been old enough to earn money. I cannot believe you have treated me in the way you have over the last seven months. I have never had a problem with your services up until now. I hope this issue can be resolved as soon as possible.

 

 

Yours faithfully,

 

 

Daniel Carter

 

 

 

 

 

Any help on the above would be greatly appreciated. I know I've messed this up a little but what advise would you suggest I do from here?

 

Can still request a list of charges or is it a little late now? I just want to get straight and stick to the procedure.

 

Thanks

 

Dan

[Pokerkings01]

Also I undertand Watchdog are doing a program on Bank Charges either this week or next week.

 

Mods any help above would be great!:grin:

[zootscoot]

Hi Pokerking,

 

Either do a SAR to get your statments or if you are happy to claim back just 6 months you can request these from your branch.

 

Also start your own thread. It makes it easier to track your progress.

 

All the best

 

Zoot

[purplecatlover]

you could continue with this one for charges from april only and request your statements and begin a new action for charges upto april this year.....or you can start over, request statements and send prelim and lba for all charges at once, whihc might proove less complicated than trying to remember which charges you already are claiming for.

[Wheresmewallet]

The thing is I am only claiming for charges since April 2006 as I don't beleive I have really ever had many charges since then? But since Aprill I have received £381 worth of charges and so decided to claim! Have I had a big mistake by doing this and should I have requested them for the last six years? I also sent copies of my statements from my online account and did'nt request the Subject Access request. Is this also a mistake? My statements Online only go back as far as six months and has now passed April and May so i no longer have copies.

I'M SURE YOU WILL BE ABLE TO REQUEST STATEMENTS FROM OCTOBER 2000 UNTIL APRIL 2006 - YOU ALREADY KNOW FROM APRIL 2006 UNTIL NOW WITH THE ONLINE BANKING WITH THE SOUNDS OF IT. THIS WILL MAKE UP THE 6 YEARS YOU ARE ENTITLED TO CLAIM FOR. MODS WILL HAVE TO CHECK THIS THOUGH

Should I now send off a Data Protection Act 1998 form? or is it too late?

 

Here is a copy of my last letter sent. Does this look right? Any help would be very much appreciated.

 

I also haven't done the spreadsheet yet....?

YOU REALLY SHOULD CONSIDER THE ABOVE AND ADD UP ALL THOSE CHARGES FROM OCTOBER 2000 USING THE SPREADSHEETS

 

I PERSONALLY WOULD START THE CLAIM AGAIN WITH A FRESH PRELIMINARY LETTER WITH ALL THE CHARGES SCHEDULE ATTACHED USING THE SPREADSHEETS. IT IS YOUR MONEY THEY HAVE TAKEN SO DON'T WORRY ABOUT NOT BEING ABLE TO GET IT BACK

National Westminster Bank Plc

Registered In England No 929027

Registered Office:

135 Bishopsgate

London

EC2M 3UR

 

12/10/2006

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxx

SORT CODE: xxxxxxx

 

I am very disappointed that you have failed to respond to my letter of the 26/09/2006.

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 £381. I am enclosing a copy of the schedule of the charges which I am claiming since April 2006. I have already sent you a copy of this in my original letter of the 26/09/2006

DON'T FORGET TO ADD THE INTEREST AS WELL. THIS SHOULD BE AVAILABLE ON STATEMENTS OR ONLINE BANKING YOU HAVE. INTEREST IS NORMALLY TAKEN OUT AROUND THE 30TH OF EACH MONTH WITH THE NatWest.

 

I require repayment in full of this money and 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 I do not receive a positive response. If you do not understand what this means then seek advice from your legal department.

I would just like to finish by adding that I have been a NatWest customer since I’ve been old enough to earn money. I cannot believe you have treated me in the way you have over the last seven months. I have never had a problem with your services up until now. I hope this issue can be resolved as soon as possible.

I SHOULD NOT BOTHER WITH THIS BIT AS THEY PROBABLY DON'T READ THIS FAR DOWN THE LETTER. IF THEY DID READ IT, THEY WILL LOOK AT IT AND THINK 'SO WHAT IF YOU'VE BEEN WITH US SINCE THE YEAR DOT'.

 

Hope this helps a bit

 

I'd definatley go for starting all over again to avoid confusion - like Zoot says

 

Wallet

[Pokerkings01]

Wheresmewallet!

 

Thanks for the advise!

[Pokerkings01]

Thanks for your replies.

 

Just a another question. May sound silly. Can you send a £10 note or do you send a cheque?

 

Thanks

[zootscoot]

You are not supposed to send cash through the post. A cheque or postal order would suffice.

[purplecatlover]

i sent a postal order signed for delivery so they couldnt claim it got lost in the post,and couldnt wait to cash the cheque when they knew i didnt have money in my account to cover it and thus say they didnt recieve payment or add more charges

[Hobson30]

Thanks everyone!

 

With everything I have read on this site I thought it proberbly was a stupid question to ask but I wanted to make sure.

 

It's very scary and they definatly know how to make you think twice about what your doing.

 

Thanks again

[Hobson30]

This is my next template I found on one of the template links, is this the right letter to be sending next?

 

Would anyony suggest any changes?

 

Dear Sir/Madam,

 

We refer to default charges relating to unauthorised overdrafts which have been applied to our account by NatWest, amounting to £1323.77.

 

We wrote to you on 9/10/06 asking that you repay these charges as a gesture of goodwill to a loyal customer. Since you have not done so, We intend to take the matter further and claim the amount of £1323.77 through the small claims court.

 

The basis for this request is that under the Unfair Terms in Consumer Contract Regulations and/or the law of penalties, the small claims court could declare such charges unfair and therefore unenforceable.

 

We are only prepared to pay the charges on the condition that the bank agrees to repay me the full amount if the small claims court finds in our favour and declares the charges unenforceable.

 

We look forward to receiving your response within seven days of the date of this letter or we will issue proceedings in the small claims court to reclaim the full amount of charges, plus interest and costs.

 

We are happy for you to contact us on ***** to discuss the matter.

Yours faithfully

 

Mr & Mrs Hobson

[cheddar]

Hobson please edit your post to take you mobile number off!!!!! :O

 

Edit: Nice one! lol!

[Hobson30]

Can someone help!

 

As per my thread below I need to check this letter is OK before I send. I have found another letter bu BankFodder (see below) which should I use?

 

your address]

 

 

 

[their address]

 

 

 

LETTER BEFORE ACTION

 

Dear Sir/Madam,

 

ACCOUNT NUMBER: xxxxxxxxx

 

 

I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].

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 £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX.

I am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]

 

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 impecuniosity caused directly by the taking by you of penalty charges which you had applied unlawfully to my account.

 

In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.

 

I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 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 faithfully,

 

 

 

 

 

[name]

[Rooster-UK]

Hi Hobson30.

 

Do not send the letter that you posted on the 20th Oct. What its source is I don't know but its about as useful as an ashtray on a motorbike.

Use the Bankfodder letter.

Add your own details and delete all the text in red.

In two weeks time, if they haven't paid up then go to moneyclaim on line and start court proceedings, without any further communication to the bank.

 

Don't be put off by the bank's attempts to introduce their own timetable.

It's your action, your timetable....stick to it.

 

Do not phone them. Always keep any correspondence in writing, only. Keep copies of all letters.

 

Please do not start any more threads in the Welcome Forum. After all, you're not a newbie, any more, are you.

 

This is your thread.

Good luck with your claim.

[Hobson30]

I have received my next letter from Natwest saying there is still nothing they can do and that they have informed there lawyers. Can I start the claim now, I don't still have to wait for the 14 day to expire do I?

 

Thanks

[Hobson30]

Sorry to bother you all again, can anyone help?

 

Thanks

[purplecatlover]

i waited, but more because it suited me to wait, i think it might even have been more than 14 days when i filed. i do think though that you said they had 14 days, so even though they replied they still might change their minds within that 14 days, might be best to wait.