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no unfair charges, just charges for authorising my overdraft!! EXPLAIN!!!


chelle400z
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I sent off for my statements as per SARS template, on 1st March and received a letter dated 22 March which says:

 

Dear Chelle400z

Complaint Reference XXXXX

I am just writing to let you know that we have received your complaint - and to say how sorry I am to learn that you feel you have cause to complain. (I didn't complain - just asked for a list of all charges!!)

Please get in touch if we've misunderstood your concerns (what concerns are they then??) or if you have some more information you want us to have. If we don't hear back from you in the next couple of adys, we will carry on with our investigation using the information you've already provided. (What info did I suppy, just requested a list of charges!!)

We expect our enquiries to be completed within the next four weeks but we will try to get our response to you sooner if we can. (what will their enquiries turn up??) If there's a delay, we will let you know why and wi'll give you an idea of when you can expect to receive a full response to your complaint. (What flippin complaint??) I hope we can sort things out for you. (You better!! Only want a copy of charges...within the 40 day timescale....OR ELSE!!)

 

Signed Kerry Parfitt

Second letter also dated 22 March:

 

Dear Chelle400z

 

Thank you for getting in touch with us.

Like any business, we do maka a charge for some of our extra services. When customers don't have enough in their accounts to cover a payment, this always means extra work -and it has to happen very quickly. We have to agree to make the payment by setting up or increasing an overdraft, or tell customers we can't aggree it. We feel it's fair to charge for this service.

Of course its only fair too, that we're completely open about any charged-for services before you might need them. That's why we take care to give every new cusstomer the lates guide to our charges. You can also get up-to-date details about fees and borrowing rates at all our branches, through our helpline and on our website.

Just as importantly, we do everything we can to help our customers avoid these charges. You can get an up-to-date balance at any of our cash machines, over the phone, online and by weekly text to your mobile.

If you know a payment is going to take you over your agreed limit, you're welcome to see if there's anything we can do.

The Office of Fair Trading has published new guidelines on credit card default charges. We're stilll talking it through with them, but the important point is that the guidelines are about 'default' charges that poeple pay when they break an agreement with us. This does'nt apply to your charges as these were for dealing with your request to go over yur agreed overdrart limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations.

I do hope you can see that we make our charging system as fair as possible.

Regarding your request for details of charges on your account for the past six years, I can advise you that I am prepared to accept your request under the Data Protection Act and to provide you with copy statements for the period in question and acknowledge receipt of your £10 fee

I have today requested your copy statements and can confirm that these will be sent to yu under separate cover within the next 3 weeks.

I hope this fully answers the points you raised with us. Please let me know if there is anything else I can do to help. If we cannot come to an agreement, I will provide you with details of the Financial Ombudsman Service so they can consider yur complaint independently.

If you are happy with the way I have dealt with your complaint, there is no need for you to reply to my letter. If I have not heard from you by 17/5/2007 I will close my file, though of course I will re-open it should you come back at any point afterwards.

 

Yours sincerely

Anthony Smith

Case Officer

Customer Service Recovery Centre Andover

 

Well what do you think.......Am I satisfied with how my complaint has been dealt with........Would you be satisfied?? Tough Question!!!

Any help re drafting a letter without expletives would be greatly appreciated!!!

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I can advise you that I am prepared to accept your request under the Data Protection Act and to provide you with copy statements for the period in question and acknowledge receipt of your £10 fee

I have today requested your copy statements and can confirm that these will be sent to yu under separate cover within the next 3 weeks.

Yours sincerely

 

I love that phrase.. I am prepared to accept. It's the law, it's not a thing you have a choice in!

 

Just wait until the statements come in the post, add up all the charges that they owe you, and send out the prelim letter asking for the charges back. They'll probably send the same letters out again, then send out the LBA...

 

Check the templates section for copies of the letters.

 

Hope this helps?

 

matt

Power tends to corrupt; absolute power corrupts absolutely - Lord Acton.

 

Advice offered by MattyH is without predjudice and is for your judgement as to whether to take it. You should seek the assistance or hire of a solicitor or other paid professional if in doubt. Please research any information I have offered, as I will not be held liable for any incorrect advice i've given you.

 

<--------- If my advice has helped, please tip my scales. 8)

 

For Further advice come into the Chat Room: http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

FAQ's : http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

Step By Step Instructions ; http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

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I cant wait!! my only problem now is, do I wait the three weeks they state in the letter, or do I count the 40 days from the date I sent the original letter?.....don't think there will be much difference in the timescale...but want to get this spot on!

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Oh thats the exact same letter I received.

I was generous and allowed their extra 3 weeks, worked out at 2 weeks extra for them.

 

They still haven't complied, so I sent an 7 day LBA for compliance on monday.

The annoying thing is the service centre is only 30 mins up the road from me :S

 

I know I can get statements from July 2002 online, but lets make them work for US for a change.

Be VERY careful whose advice you listen too

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This is Lloyds (and other banks) new tactics. They are trying to use the "service" argument. If you pay for a service, you pay a fee, agreed in advance. Therefore, not a penalty, can charge what they want. Ta-DAH!!! :rolleyes:

 

It won't work. It's called "cloaking the penalty" in legal circles, and is a well known tactic.

 

If it barks like a dog, bites like a dog.... :lol:

 

So business as usual... ;-)

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thanks for the replies everyone. I kinda guessed that it was a stalling tactic and that whatever they call it, we all know that its their way of trying to avoid paying up...Too many wise people out there now for them to get away with bullying practices for much longer.....Bring on the fight!!

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  • 4 weeks later...

Hiya all, been really busy in work over the last few weeks, so have only just got round to updating all on here. Still have heard nothing from the TSB so sent off the LBA breach of DPA giving them seven days notice, so hopefully I should hear something by this time next week. will keep all informed!!

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Chelle, have you tried e-mailing them.

I did just that and I've now been promised ALL my statements going back 10 years !!!

 

Try [email protected] TSB.co.uk and/or [email protected] TSB.co.uk

 

Very helpful people.

 

Also they still haven't cashed my SAR fee :)

I suppose it's been lost in Andover somewhere

Be VERY careful whose advice you listen too

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me and my partner had the same letter from lloyds, stating three weeks, by the time the three weeks were up it was over 6 weeks, still no statements. threatened them with court action, and just ignored.

we put in an estimated mcol claim, for £5,000 for 2 accounts last week, and there are defending it (Really?????). It will be interesting to see what the defence will be And how they are going to wriggle out of non compliance.

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