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Hi there, I am new to the forum and MOST pleased to find the wealth of information and dedication you have here.

 

I sent a template letter to my bank yesterday (Nationwide BS) from the Govan Law Centre website. When I came to this forum, I noticed that along with the request for refund, people are advised to send a copy of the charges to date. This appears to be common sense to me now, but at the time I had overlooked this. So I am a little worried I may not be taken seriously. Here is a copy of the letter I sent:

 

 

04 May 2007

 

Nationwide Building Society

10/10A St Mirren Street

Paisley

Renfrewshire

PA1 1XW

 

Dear Sir/Madam

 

Penalty & unfair charges – request for refund for , Account Number: Sort Code: .

 

Unpaid Direct Debit/Standing Order fees and Unauthorised Overdraft fees

From: July 2004 To: May 2007 Totaling: One Thousand, six hundred and twenty-one pounds

 

(This figure does not include any possible charges for Sept 2004, Oct 2004 and Nov 2004. It is therefore, possibly a lesser figure than the actual total from July 2004 to May 2007, depending on whether charges were applied during those months.)

 

0n 5 April 2006 the Office of Fair Trading (OFT) announced that default charges which are set at more than £12 will be presumed to be unfair and unenforceable in terms of the Unfair Terms in Consumer Contracts Regulations 1999 (SI. 1999/2083). Charges above this sum will be subject to legal action by the OFT (press release 68/06 – online here: http://www.oft.gov.uk/News/Press+releases/2006/68-06.htm).

 

The OFT stated that a charge is not fair simply because it is below this sum, and I believe that a reasonable charge would be 50 pence for the reasons set out below. Please refund my charges as a matter of urgency.

 

I would respectfully submit that if your organisation does not agree to immediately refund all unfair charges applied to my account, it will not meet the ‘fit and proper person’ test to hold a consumer credit licence under the Consumer Credit Act 1974. In that eventuality, I will submit a 1974 Act complaint to the OFT.

 

Separately, I am of the view that your charges represent a penalty and are therefore irrecoverable at common law. In the Scottish case of Castaneda and Others v. Clydebank Engineering and Shipbuilding Co., Ltd. (1904) 12 SLT 498 the House of Lords held that a contractual party can only recover damages for actual or liquidated losses incurred from a breach of contract. This is also the position in English law: Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79.

 

Your charges do not reflect any actual loss, instead they appear to represent a lucrative profit-making scheme. In particular, charges were applied after I entered into a transaction(s) without sufficient funds in my account. However, payment was declined by you, and therefore, actual loss is the cost of automatically sending me a computer generated letter. I would respectfully submit that is valued at no more than 50 pence.

 

UK banks have recently given evidence to the House of Commons Treasury Committee on how bank charges are calculated: "The costs are going to pay for all the people we have who pursue debt, collect debt, speak to customers and chase payments. The way these charges are arrived at is by taking these total costs and making some assumptions about the volume that is going to come through to arrive at the individual charges" (2nd report, 25 January 2005, paragraph 50 – online here: http://www.parliament.the-stationery-office.co.uk/pa/cm200405/cmselect/cmtreasy/274/27405.htm).

 

Accordingly, the charges applied to my account are not a reasonable pre-estimate of the bank’s loss in relation to my account. No one has had to look at my account or telephone me. No one has had to collect anything. Your charges would appear to represent a device to recover global losses (for example, loan defaulters, bad debt write off, including commercial lending in, and outwith, the UK).

 

Please refund all charges applied to my account within the next 7 days. I reserve the right to commence court proceedings without any further notice, and to seek an additional award for distress and inconvenience, together with legal expenses.

 

Yours faithfully

 

 

 

- My worry now, is that without the charges documented and attached, they may just disregard my claim. Should compile a list and send it now, separately, or just wait and see if they reply?

 

 

Any help is more than appreciated, as you can tell, I do not have much experience in legal/financial matters such as this.

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Hi Aqualibrium,

 

Welcome to the forum.

The letter is fine but they will probobally ignore it, follow the letters in the templates library. Stick to the timetable in there. That way you can't go wrong.

 

Please follow this link to your banks forum and start a thread;

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=46

Title it Aqualibrium V nationwide

Other members with experiance of your bank can offer informed advice.

use the template letters in order. Stick to the timetable in there.

please take time to read the faq's

LINKS....

http://www.consumeractiongroup.co.uk/forum/welcome-our-forum/71112-glance-guide-claiming.html

FAQs....

Templates Library....

If you have charges going back further than six years read in here;

http://www.consumeractiongroup.co.uk/forum/general/80486-claiming-beyond-6-yrs.html

There is also live chat, visit if you need any quick advice.

http://www.consumeractiongroup.co.uk/forum/chat/flashchat.php

Finally good Luck.

Happyolddog.

If this helps please tip the scales,Left,this lets others know if my information is useful.

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