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Barnes v Abbey


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Well this is my first post on this excellent site, which i must say has been very helpful indeed.


I've received all my bank statements from 2000 and have calculated the amount owed.


I have now recieved the letter bellow and was after guidence on what actions to take next. Should I accept the offer all go for the whole hog?


"Thanks for your letter dated 7th Nov about your bank charges totalling £782. I am sorry you feel these are unlawful at common law, statute and recent consumer regulations,


Having carried out a full investigation, I can assure you that the charges do not contravene those regulations and therefore I cannot refund them. However, as a gesture of goodwill, I am happy to refund £140 and will arrange for your account to be credited within 14 days.

The regulations say that we must explain our charges in plain language and that we have to act in good faith, which, according to the office of fair trading, means dealing fairly and openly with customers.


I therefore reviewed the literature and information you received when you opened your account, including the terms and conditions. This explains that charges will be applied if you do not keep to the terms and conditions of the account. Because of this I believe we have been fair and open in telling you about them. The charges were correct because you did not have enough money in your account to cover payments requested from it. When I look at your account I found that unfortunately this was not the first time this has happened.


I am confident that I have been fair and have and have taken into account all the points you made in your letter, but if you have any additional points you would like to discuss with me please call me on..........., I have enclosed a leaflet about the financial ombudsman service in case you are not happy with my investigation or decision. If so you should contact them within 6 months enclosing a copy of this letter as they would need it for their investigation.


I hope we can work together to avoid charges in future. Little things, like checking your account as often as possible and looking at the dates of direct debit to make sure they are taken shortly after money is paid in. If you feel you might need longer financial help or advice please call .......and we will be happy to help"

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