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A + L LBA letter


Mike Harvey
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Hi, I have just received the response to my first letter, which after speaking to a couple of people in the chat room found out this was a standard response (thanks to those people). I have now completed my second letter. I'm not sure if they have entered a default notice against my credit record but I recently applied for a new credit card and was denied. I am worried about this becuase I hope to be applying for a mortgage soon, this is why I altered this section. Obviously a lot of it is the standard letter form here. I am worried that they may still charge me whilst I am in the process of trying to get my money back because it was only last week I noticed I had gone overdrawn again. They have previously charged me in the following statement month. Should I wait a bit or just add this charge to any claim if it happens??

Please tell me what you think....

I am responding to your letter dated 8th December 2006 regarding unfair charges raised on my account.

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 £112.50 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 4th December 2006

 

19th September – Paid Item charge £25 (£12.50 was refunded after speaking to a customer advisor)

9th October – Unauthorised Overdraft charge £25

9th October – Unauthorised Overdraft charge £25

7th November – Unauthorised Overdraft charge £25

30th November - £25 Paid Item Charge

Additionally if 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 any 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 any default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount 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.

Thanks for any help you can give.

Mike

 

 

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