Help please not too sure what to do???

[mercedes02]

Hello, i got this letter in the post, is this a standard letter? and if it is, do I proceed with the 2nd letter before action, sorry this may be a silly question but the bits do i add the bits in red and blue, although in my first letter before action i did not add the red bits? Please help

 

Thank you for getting in touch with us. I am sorry you are unhappy about your account charges.

 

Like any business, we do make 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 agree it. We feel it's fair to charge for this service.

 

Of course it's 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 customer the latest 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 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 some new guidelines on credit card default charges. We're still talking it through with them, but the important point is that the guidelines are about 'default' charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft 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 understand you may also have some concerns about us sharing information about your relationship with us with the credit reference agencies we use. I'd like to assure you that this does not apply to bank charges; we only share what is known as white data, which is information about payments to your credit card, loan or mortgage accounts.

 

I do hope that you can see that we make our charging system as fair as possible - and why I can't agree to cancel your charges.

 

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 your 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 14 June 2007 I will close my file, though of course I will re-open it should you come back at any point afterwards.

 

yours sincerely,

 

DG

Team Manager

Customer Services

[Trish76]

This seems to be a fairly standard fob off response. One thing I am unclear of though is you've stated that you've already sent the L.B.A., am I correct in thinking this??

 

If so then there is no need to send a second copy, the next stage would be to file your claim through the courts.

[*mango*]

btw when you file it with the court....which court is it? & is there court fees? do we need solicitors?

[mercedes02]

Hi Trisha76

 

Sorry I was probably not clear, I sent out the preliminary letter requesting for them to pay, i then recieved their letter, So now i send the letter before action from this site,what i wanted to know was do i insert the red and blue paragrapgs that are on this LBA or just the blue paragraph

[Trish76]

OK, well you only enter the red part if you're trying to get a default removal along with your claim.

 

The blue part is optional but you should only include this if you intend to take this action should it be neccessary.