Some advise please

[ulster4]

Today I sent a letter out to the Halifax for a refund of bank charges over the last 6 yrs. I only had 8 months statement so, the letter was for an estimated amount over the 6 year period (bbc) I also sent a letter + fee for statements dating back 6 yrs. What i wanted to know, is should i wait for the statements to arrive, or after the initial 14 day period, there is no response, should i go straight to the court procedure?

[saint-luco]

i would read through the relevent threads to your bank on this site also read the faq section

[benjy633]

Hi Ulster4

I am a beginner myself at this process, but my thoughts would be gather your information accurately before you fire off any letters as I suspect the more accurate and professional your approach may well have some bearing on their response.

However there are some very knowledgeable people posting on this site and I would recommend a full trawl of the site which I am doing myself.

All the best from across the water.

[Rooster-UK]

This is a reply that I have just posted on another thread, but is pertinent.....

 

It is possible to estimate your charges and include the estimate as part of your claim.

 

HOWEVER.....

 

The only justification for this is if the bank refuse to or cannot supply the information. But you have to take all reasonable steps to obtain the information, yourself.

If you can't demonstrate that you have genuinely tried to obtain accurate figures, the bank will use this as part of its defence and it could be "Thankyou, Mr Ulster4. Case dismissed."

 

Don't jeopardize your claim for something as basic as that.

 

If the shoe were on the other foot and someone was making a claim against you, using an estimate, You would make pretty damn sure that the claimant did not get one penny more than you owed.

 

Sauce for the goose.......

 

Regards, Rooster.

[ulster4]

Thanks for you reply, please explain how by using this template i would have jeopardised my case

 

Dear Sir/Madam

 

Regarding: [Your Account Number. Your Sort Code.]

 

Due to recent media coverage on bank charges I now believe that you, [your bank’s name]

 

have been charging me charges that are contrary to the Unfair Terms in Consumer Contracts

 

Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms,

 

which may be regarded as unfair, such as a term that requires me as a consumer who fails in

 

his obligation, to pay a disproportionately high sum in compensation.

 

I believe that your charges are disproportionately high and therefore they are contrary to the

 

Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a

 

Penalty. Penalty charges are irrecoverable at common law. The precedent for this was

 

Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with

 

Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only

 

recover damages for an actual loss or liquidated losses. It is clear that your charges do not

 

reflect any actual and or real loss.

 

I currently have my bank statements for the last [XX] months the charges during this period

 

come to a total of £[XXX.XX]. Therefore I have estimated that over the last six years the total

 

amount of charges you have applied to my account is £[XXX.XX]. Consequently I require you

 

to refund me a total of £[XXX.XX], representing the total, unlawful amount charged during the

 

last 6 years. If you disagree with this amount please supply me a copy of all the charges

 

applied to my account dating back six years within the next 7 days.

 

I hereby give you 14 days to refund all the charges dating back six years on to my account,

 

plus provide evidence that this is the total amount. For the avoidance of doubt, if this is not

 

done within 14 days, I will commence legal proceedings without further warning. This action

 

will inevitably involve you paying additional costs.

 

I also hereby request a detailed report of which clause in your terms and conditions each

 

charge has been applied againsty case?

[Rooster-UK]

Hi Ulster4.

 

Using the letter template won't jeopardize your claim, but claiming for some vague estimated figure when the true figures are available will not do your case any good at all.

The Judge will want to know why you are claiming an untrue figure.

If the bank hasn't refused you the information or you just want to save time, then the case will be thrown out.

 

Just how accurate is your estimate?

Will you deduct 20% from the total to make sure that you dont overestimate the figure?

Or will you add 20% to get a bit extra?

 

The money that you are claiming back from the bank are the charges which are an OVERestimation of what your breach has cost them, and that is unlawful. If you overestimate your claim then your action is unlawful. Not only unlawful....but fraud.

 

No Judge is going to be a party to fraud.

 

Our only aim on this site is to help you to SUCCESSFULLY reclaim your charges. All the advice and information on this site is geared towards that aim. That includes the letter templates that we use on this site.

 

That help will always be here for anyone who needs it.

 

Regards, Rooster.

[ulster4]

thanks for the response - how do i remedy this? I have already requested (via post and phone) for my lad 6 years statements to be sent.