claim for refund of charges on a closed Abbey account

[simonjohn]

First things first, just like to say what an excellent forum

 

Basic Info:

 

I held a current account with the Abbey from 2001-2003 durring which time I paid around £2000 in penalty charges on the account.

 

At the time I wrote to the bank disputing a number of charges and the way that they handled the situation, they then subsequently closed the account without resolving the dispute and then defaulted me.

 

After closing the account there was a £800 overdraft remaining.

 

So onto the main question.

 

I intend to claim all the penalty charges that I have paid using the template letter, However, Do I offset the £800 overdraft in the initial letter and claim for the £1200. Or do I claim for the full £2000, which may leave me open to a counter claim of £800.

 

Any advice on Drafting this into the template letter would be very much appreiciated

[simonjohn]

First things first, just like to say what an excellent forum

 

Basic Info:

 

I held a current account with the Abbey from 2001-2003 durring which time I paid around £2000 in penalty charges on the account.

 

At the time I wrote to the bank disputing a number of charges and the way that they handled the situation, they then subsequently closed the account without resolving the dispute and then defaulted me.

 

After closing the account there was a £800 overdraft remaining.

 

So onto the main question.

 

I intend to claim all the penalty charges that I have paid using the template letter, However, Do I offset the £800 overdraft in the initial letter and claim for the £1200. Or do I claim for the full £2000, which may leave me open to a counter claim of £800.

 

Any advice on Drafting this into the template letter would be very much appreiciated

[BankFodder]

Do the calculation and claim the net value. Leave them nothing to score any points on.

 

Was it their charges which put you into default? If yes then you need to clear your name as well by erasure from the register not just amendment.

 

Do a letter and post it for comment.

[BankFodder]

Do the calculation and claim the net value. Leave them nothing to score any points on.

 

Was it their charges which put you into default? If yes then you need to clear your name as well by erasure from the register not just amendment.

 

Do a letter and post it for comment.

[simonjohn]

Do the calculation and claim the net value. Leave them nothing to score any points on.

 

Was it their charges which put you into default? If yes then you need to clear your name as well by erasure from the register not just amendment.

 

Do a letter and post it for comment.

 

Thank you for your quick reply.

 

Yes, the default was a result of the charges, when the Abbey decided after 18 months of fleecing me of at least £130 month in charges to remove the cheque guarntee facility without warning leaving me without any mony in the account to meet basic bills such as rent, councill tax etc.

 

" And what was Abbeys response, Tough luck chum"

The Bizzare thing was, Durring this 18 month period I was turned down for an overdraft, however They Increased my cheque guarentee card from £50 To £100 The cynic In me Belives that this was a Bank ploy to earn even more profit from me in penalty charges!!!!!

[simonjohn]

Do the calculation and claim the net value. Leave them nothing to score any points on.

 

Was it their charges which put you into default? If yes then you need to clear your name as well by erasure from the register not just amendment.

 

Do a letter and post it for comment.

 

Thank you for your quick reply.

 

Yes, the default was a result of the charges, when the Abbey decided after 18 months of fleecing me of at least £130 month in charges to remove the cheque guarntee facility without warning leaving me without any mony in the account to meet basic bills such as rent, councill tax etc.

 

" And what was Abbeys response, Tough luck chum"

The Bizzare thing was, Durring this 18 month period I was turned down for an overdraft, however They Increased my cheque guarentee card from £50 To £100 The cynic In me Belives that this was a Bank ploy to earn even more profit from me in penalty charges!!!!!

[BankFodder]

In that case you need to decide whether or not to make removal of the default part of the deal.

If you do, it will up the anti a lot and you will have a good old fight on your hands.

 

They will try to settle without but you should stick to your guns.

 

Personally, I think that no one should settle for anything less than full resolution which means undoing all of the damage which has been caused by the bank.

 

Let us knmow what you intend to do. If you want a quick fix then just take the money but for an all the more stimulating experience go for everything.

[BankFodder]

In that case you need to decide whether or not to make removal of the default part of the deal.

If you do, it will up the anti a lot and you will have a good old fight on your hands.

 

They will try to settle without but you should stick to your guns.

 

Personally, I think that no one should settle for anything less than full resolution which means undoing all of the damage which has been caused by the bank.

 

Let us knmow what you intend to do. If you want a quick fix then just take the money but for an all the more stimulating experience go for everything.

[simonjohn]

In that case you need to decide whether or not to make removal of the default part of the deal.

If you do, it will up the anti a lot and you will have a good old fight on your hands.

 

They will try to settle without but you should stick to your guns.

 

Personally, I think that no one should settle for anything less than full resolution which means undoing all of the damage which has been caused by the bank.

 

Let us knmow what you intend to do. If you want a quick fix then just take the money but for an all the more stimulating experience go for everything.

 

Thanks bankfodder, I intend to go all out for the removal of the default and to claim the full amount of charges, However I may be willing to reach a compromise so that I could get the default removed from an otherwise perfect credit history.

 

The only sticking point with regard to bringing an action for defamation is the likely cost involved, not sure whether this type of action can be brought in the county court or if its heard in the high court, involving megga bucks.

[simonjohn]

In that case you need to decide whether or not to make removal of the default part of the deal.

If you do, it will up the anti a lot and you will have a good old fight on your hands.

 

They will try to settle without but you should stick to your guns.

 

Personally, I think that no one should settle for anything less than full resolution which means undoing all of the damage which has been caused by the bank.

 

Let us knmow what you intend to do. If you want a quick fix then just take the money but for an all the more stimulating experience go for everything.

 

Thanks bankfodder, I intend to go all out for the removal of the default and to claim the full amount of charges, However I may be willing to reach a compromise so that I could get the default removed from an otherwise perfect credit history.

 

The only sticking point with regard to bringing an action for defamation is the likely cost involved, not sure whether this type of action can be brought in the county court or if its heard in the high court, involving megga bucks.

[BankFodder]

Thanks bankfodder, I intend to go all out for the removal of the default and to claim the full amount of charges, However I may be willing to reach a compromise so that I could get the default removed from an otherwise perfect credit history.

 

The only sticking point with regard to bringing an action for defamation is the likely cost involved, not sure whether this type of action can be brought in the county court or if its heard in the high court, involving megga bucks.

 

Getting the money back will be easy. Getting the default removed will be what sticks in their gullet Believe me.

 

There is no need for a defamation action for this. All you would need is a judgment in your favour and the rest will come tumbling down.

 

However, if it didn't then a defamation action would suggest itself and the evidence of the judgment against them on the money would make it a foregone conclusion. You can bring a defamation action in the County Court. Not a problem. You could even apply for a jury - 8 jurors in the County Court - but this is not something you need to worry about.

[BankFodder]

Thanks bankfodder, I intend to go all out for the removal of the default and to claim the full amount of charges, However I may be willing to reach a compromise so that I could get the default removed from an otherwise perfect credit history.

 

The only sticking point with regard to bringing an action for defamation is the likely cost involved, not sure whether this type of action can be brought in the county court or if its heard in the high court, involving megga bucks.

 

Getting the money back will be easy. Getting the default removed will be what sticks in their gullet Believe me.

 

There is no need for a defamation action for this. All you would need is a judgment in your favour and the rest will come tumbling down.

 

However, if it didn't then a defamation action would suggest itself and the evidence of the judgment against them on the money would make it a foregone conclusion. You can bring a defamation action in the County Court. Not a problem. You could even apply for a jury - 8 jurors in the County Court - but this is not something you need to worry about.

[simonjohn]

Thanks bankfodder, I intend to go all out for the removal of the default and to claim the full amount of charges, However I may be willing to reach a compromise so that I could get the default removed from an otherwise perfect credit history.

 

The only sticking point with regard to bringing an action for defamation is the likely cost involved, not sure whether this type of action can be brought in the county court or if its heard in the high court, involving megga bucks.

 

Getting the money back will be easy. Getting the default removed will be what sticks in their gullet Believe me.

 

There is no need for a defamation action for this. All you would need is a judgment in your favour and the rest will come tumbling down.

 

However, if it didn't then a defamation action would suggest itself and the evidence of the judgment against them on the money would make it a foregone conclusion. You can bring a defamation action in the County Court. Not a problem. You could even apply for a jury - 8 jurors in the County Court - but this is not something you need to worry about.[/quote

 

]

 

Thank you once again for your valuable input, I will draft my letter of claim and post it on here for evaluation.

 

ps how can I make a donation to this site as I feel it will be a wortwhile donation

 

Many thanks

simon

[simonjohn]

Thanks bankfodder, I intend to go all out for the removal of the default and to claim the full amount of charges, However I may be willing to reach a compromise so that I could get the default removed from an otherwise perfect credit history.

 

The only sticking point with regard to bringing an action for defamation is the likely cost involved, not sure whether this type of action can be brought in the county court or if its heard in the high court, involving megga bucks.

 

Getting the money back will be easy. Getting the default removed will be what sticks in their gullet Believe me.

 

There is no need for a defamation action for this. All you would need is a judgment in your favour and the rest will come tumbling down.

 

However, if it didn't then a defamation action would suggest itself and the evidence of the judgment against them on the money would make it a foregone conclusion. You can bring a defamation action in the County Court. Not a problem. You could even apply for a jury - 8 jurors in the County Court - but this is not something you need to worry about.[/quote

 

]

 

Thank you once again for your valuable input, I will draft my letter of claim and post it on here for evaluation.

 

ps how can I make a donation to this site as I feel it will be a wortwhile donation

 

Many thanks

simon

[BankFodder]

 

ps how can I make a donation to this site as I feel it will be a wortwhile donation

 

Many thanks

simon

 

That is very kind. I don't know how to arrange it. We don't have a Group account or anyway of holding money or of showing how it has been spent. We also don't want to have to start getting into some situation where we have to worry about taxes.

We do need some books and I was wondering whether there was some way of organising Amazon tokens or something. We have already spent nealry £100 on books and also bought Domain regsitrations etc.

I foresee about £500 more on books but I haven't had the time to look into the possibilities.

[BankFodder]

 

ps how can I make a donation to this site as I feel it will be a wortwhile donation

 

Many thanks

simon

 

That is very kind. I don't know how to arrange it. We don't have a Group account or anyway of holding money or of showing how it has been spent. We also don't want to have to start getting into some situation where we have to worry about taxes.

We do need some books and I was wondering whether there was some way of organising Amazon tokens or something. We have already spent nealry £100 on books and also bought Domain regsitrations etc.

I foresee about £500 more on books but I haven't had the time to look into the possibilities.

[simonjohn]

WITHOUT PREJUDICE

 

Dear Sir,Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxx SORT CODE xx-xx-xx

 

I held the above mentioned current account with your bank from Jan 2000 to Jan 2003.

 

During this time I have incurred charges for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonored (and in some cases honored) due to insufficient funds.

 

Also durring the last 2 months that this account was held,I raised a dispute with regard to both the charges and the way that you handled the account, which you failed to resolve and which subsequently resulted in you placing a default on my file with the credit reference agencies.

 

In this instance, may I draw your attention to sec: (13.6 of the banking code) which your organisation claims to prescibe to, in that you will not share information with a third party while an account is in dispute.

 

 

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations Unfair Terms in Consumer Contracts regs 1999 quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges made on this account in the last 6 years Minus any sum which may be payable to you under an overdraft,

 

( please see attatched scheduale for the sum which I claim)

 

Within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

 

I also request as a condition of settlement that you remove any predjudicial information that you may have passed onto third parties, which may be defamatory contrary to sec: (13:6) of the banking code

 

I look forward to you reply.

 

Red - strike out

green - check spelling

violet - insert

 

It'll do

[simonjohn]

WITHOUT PREJUDICE

 

Dear Sir,Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxx SORT CODE xx-xx-xx

 

I held the above mentioned current account with your bank from Jan 2000 to Jan 2003.

 

During this time I have incurred charges for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonored (and in some cases honored) due to insufficient funds.

 

Also durring the last 2 months that this account was held,I raised a dispute with regard to both the charges and the way that you handled the account, which you failed to resolve and which subsequently resulted in you placing a default on my file with the credit reference agencies.

 

In this instance, may I draw your attention to sec: (13.6 of the banking code) which your organisation claims to prescibe to, in that you will not share information with a third party while an account is in dispute.

 

 

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations Unfair Terms in Consumer Contracts regs 1999 quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges made on this account in the last 6 years Minus any sum which may be payable to you under an overdraft,

 

( please see attatched scheduale for the sum which I claim)

 

Within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

 

I also request as a condition of settlement that you remove any predjudicial information that you may have passed onto third parties, which may be defamatory contrary to sec: (13:6) of the banking code

 

I look forward to you reply.

 

Red - strike out

green - check spelling

violet - insert

 

It'll do

[simonjohn]

WITHOUT PREJUDICE

 

Dear Sir,Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxx SORT CODE xx-xx-xx

 

I held the above mentioned current account with your bank from Jan 2000 to Jan 2003.

 

During this time I have incurred charges for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonored (and in some cases honored) due to insufficient funds.

 

Also durring the last 2 months that this account was held,I raised a dispute with regard to both the charges and the way that you handled the account, which you failed to resolve and which subsequently resulted in you placing a default on my file with the credit reference agencies.

 

In this instance, may I draw your attention to sec: (13.6 of the banking code) which your organisation claims to prescibe to, in that you will not share information with a third party while an account is in dispute.

 

 

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations Unfair Terms in Consumer Contracts regs 1999 quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges made on this account in the last 6 years Minus any sum which may be payable to you under an overdraft,

 

( please see attatched scheduale for the sum which I claim)

 

Within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

 

I also request as a condition of settlement that you remove any predjudicial information that you may have passed onto third parties, which may be defamatory contrary to sec: (13:6) of the banking code

 

I look forward to you reply.

 

Red - strike out

green - check spelling

violet - insert

 

It'll do

 

Again many thanks

sj

[simonjohn]

WITHOUT PREJUDICE

 

Dear Sir,Madam

 

ACCOUNT NUMBER: xxxxxxxxxxxxx SORT CODE xx-xx-xx

 

I held the above mentioned current account with your bank from Jan 2000 to Jan 2003.

 

During this time I have incurred charges for exceeding my overdraft limit due to cheques being cleared at unfortunate times, unauthorized overdraft fees, direct debits and standing orders being dishonored (and in some cases honored) due to insufficient funds.

 

Also durring the last 2 months that this account was held,I raised a dispute with regard to both the charges and the way that you handled the account, which you failed to resolve and which subsequently resulted in you placing a default on my file with the credit reference agencies.

 

In this instance, may I draw your attention to sec: (13.6 of the banking code) which your organisation claims to prescibe to, in that you will not share information with a third party while an account is in dispute.

 

 

 

It is my opinion, and that of the Office of Fair Trading (OFT), that these charges are punitive in nature, not a genuine pre-estimate of cost and not intended to re-imburse your losses for a breach of contract occurring. Further to the 1999 Consumer Credit Regulations Unfair Terms in Consumer Contracts regs 1999 quoted by the OFT, there are numerous cases in law that prove that punitive charges in contracts are unenforceable at English law.

 

Murray v Leasureplay (2004)

Dunlop Tyre Company v New Garage and Motor Co. (1915)

Bridge v. Campbell Discount Co. Ltd. (1962)

 

Further to these cases, I also believe these charges to be a direct breach of the Unfair Contracts Terms Act 1977 which require that contract terms be reasonable. I do not believe these charges are reasonable as outlined in the aforementioned act.

 

With this in mind, I respectfully request that you return to me ALL charges made on this account in the last 6 years Minus any sum which may be payable to you under an overdraft,

 

( please see attatched scheduale for the sum which I claim)

 

Within 14 days of receipt of this letter by way of personal cheque. If you choose not to do so, I will start proceedings for recovery in the County Courts, as I believe that legally I am entitled to this money back. By doing so, you will be eligible for my court costs and for an extra 8% APR as allowed by the County Courts Act (1984).

 

I also request as a condition of settlement that you remove any predjudicial information that you may have passed onto third parties, which may be defamatory contrary to sec: (13:6) of the banking code

 

I look forward to you reply.

 

Red - strike out

green - check spelling

violet - insert

 

It'll do

 

Again many thanks

sj

[simonjohn]

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