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Hi all,

 

Got a bit behind with responding to the bank but the story so far.

 

YB sent me a cheque offering £640 in full and final settlement.

I am claiming £1700 roughly

 

I now want to take further action and have prepared a letter of response and wondered whether any of you good people would please take a look at it and please give me your opinions.

 

Thanks in anticipation.

 

 

Dear Mr McKirdy,

 

Re. Account number:

 

Following your letter dated 16th January 2007 returning the cheque that you sent to me for £640. Stating that I “have accepted the cheque”. Can I refer you once again to my letter of the 12th of January 2007 and enclosed is your cheque.

 

I am very disappointed that you have failed to respond to my letter of the 12th January 2007 to my satisfaction.

 

 

I refer to default charges applied to my account amounting to £1694.22. which I have requested you pay back.

 

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.

 

The charges total £1280.29 plus as I believe I have been unlawfully deprived of the money I have calculated £413.93 interest at the statutory rate.

 

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 28th of November 2006

 

 

I require repayment in full of this money. 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.

 

 

Yours faithfully

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Following your letter dated 16th January 2007 returning the cheque that you sent to me for £640. Stating that I “have accepted the cheque”. Can I refer you once again to my letter of the 12th of January 2007 and enclosed is your cheque.

This bit doesn't really have proper sentences and I can't work out who sent what to who and when they sent it!

If in doubt read the

FAQs

 

If still in doubt - ask!

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The charges total £1280.29 plus as I believe I have been unlawfully deprived of the money I have calculated £413.93 interest at the statutory rate.

 

I require repayment in full of this money. 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.

 

 

Hi Jessie

 

 

The interest you refer to as £413.93 at the statutory rate , is this the s.69 interest at 8% if so you can only apply this when you have submitted a claim to the court.Judging by the following paragraph above you are only just sending your LBA(letter before action)

 

Please clarify for us what you mean before sending your letter to save making an error

 

Jules

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