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Extra charges found - resubmitting letters...


druygrok
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Hello all,

 

I'm claiming against Barclays for charges on a business account. I sent the preliminary request letter as per the guide. Standard "we need 28 days" response from the bank. Sent the letter before action; a little slack, sent it 3 weeks after the first. Similar "we need more time" response from the bank.

 

So far, so so-so. Now, re-checking statements, I notice that there are other charges. For every time a cheque was unpayable (£30, thank you), there is a corresponding 'referral charge' (another £30, thank you). The referral charges are collected together and charged on the next quarterly statement as one-off item.

 

My plan is to start the process again by resending a preliminary request letter with the following changes:

 

(Bear with me, I can't find a way to paste the new bits without the old. So rewritten parts in italics, existing shrunk.)

 

 

 

Further to my previous letters of 25th February 2007 and 29th March 2007; I have now discovered extra charges that you have levied against my account during the last two years. I am now writing to ask you to refund the charges listed in my first two letters plus these other charges.

 

All the comments from my previous letters stand. To recap:

 

I 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. The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the bank; exceed any alleged actual loss to the bank in respect of any breaches of contract; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the bank which exercises the contractual term in respect of such charges with a view to profit. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963.

 

If you say that they are not, then will you please demonstrate this by letting me have a full breakdown of the costs to which you have been put by as a result of my breaches, in order to reassure me that your penalties really do reflect your costs.

 

Additionally, it has now been confirmed that your particularly high level of penalties are considered to be unfair per se by the OFT who reported on the 5th April 2006 and are therefore presumed to be unlawful in the absence of specific proof to the contrary.

 

I would draw your attention to the terms of the contract which you agreed to at the time that I opened this 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 consider that your repeated representations that your charges are fair and reasonable are deceptive and that they have deceived me into agreeing to pay them.

 

Your concealment of the true nature of your charges has prevented me from asserting my right until now.

 

I now calculate that you have taken £1,690.00. This includes an extra £670.00 to my previous letters of 25th February 2007 and 29th March 2007. I enclose a schedule of the charges which I am claiming with this letter, highlighting the newly discovered charges.

 

I again, hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets. Since you already have two earlier letters relating to this matter, I’m sure you are close to writing to me with a significant respone. Rather than the standard letters you have issued to date.

 

I will give you 14 days to reply to me accepting, unconditionally, my request in principle and letting me know a date by which I will receive payment.

 

If you do not respond, or you do not respond positively, within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.

 

After that, there will be no further communication from me and I shall issue a claim at the expiry of the second deadline.

 

 

 

 

 

Just thought I'd post this and see what people think. And hopefully point out if I've made any risky mistakes.

 

Dan

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Hi,

I have just issued a claim against my bank (lloyds) on MCOL, however they have charged me another £90 since my last letter, so I just added it onto the claim, and sent a schedule of charges to the court. They are going to charge me another £30.00 next month, but I wanted to get the claim going as it is for £1050.00 and that will clear our overdraft.

 

Good luck with your claims...

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Apologies for not being too clear. I would delete 'To recap' and the following 5 paragraphs as long as that is what was contained in your original letter. (I am a great believer in making letters as simple and short as possible, as long as they cover the points to be made).

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