Request for repayment of charges
I am writing to ask you to refund to me bank charges and related interest which you have levied from my account over the last XXXX years.
The High Court has recently decided that your charges are subject to the Unfair Terms in Consumer Contracts Regulations 1999. I consider that the regime of bank charges you operate is unfair within the meaning of these Regulations as they are not individually negotiated, they operate in much the same way as charges operated by other High street banks and therefore there is little alternative to myself but to agree to the charges. Furthermore the charges are contrary to the requirement of good faith and fair dealing as they lack basic standards of commercial moral practice and take an unfair advantage of the weak bargaining power of the consumer. They impose a significant imbalance in the rights and obligations between the contracting parties which is to my detriment. I also consider that the charges may be unlawful at common law.
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. Furthermore you are bound by the Banking Code to treat your customers fairly and it is evident that you do not so so.
I am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise.
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.
What I require
I calculate that you have taken £XXXXX plus a further £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX .
I enclose a schedule of the charges which I am claiming with this letter.
Additionally you have entered [a default notice against] [adverse comments onto] my credit record.] [This default] [The comments] occurred merely in respect of the unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of unfair charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above, I require that you remove the [default entry] [adverse comments] from the register. Please note that mere correction or amendment to the entry will not be acceptable. I would remind you that the misuse of personal data in this way is contrary to the Data Protection Act and is probably defamatory.
Further complaints about breaches of the Banking Code and misuse of personal data
I am also putting you on notice that I intend to complain or to take appropriate action about your breaches of the Banking Code and also about the holding and/or unlawful processing by you my personal data.
My targets to resolve this matter
I 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.
I am fully aware of the waiver which you are presently relying upon and which was granted to you by the FSA. However, this is an internal industry matter and has nothing to do with me. It is one-sided and I note that you continue to levy charges and to enforce them despite the weight of judicial and popular opinion against you.
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 dispute that I am entitled to a refund of these charges, then please let me know within the above timescale the basis upon which you dispute together with the reasons why you consider your charges to be fair.
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.
ADD THE FOLLOWING IF RELEVANT:
In considering this request for repayment, your attention is drawn to the Press Release issued by the FSA on 27th July, which states:
"Consumers who are in very difficult financial circumstances - 'hardship cases'
Banks and building societies will have to conduct a filtering process to ensure that cases of genuine hardship are still dealt with during the waiver period. Cases of hardship would still be entitled to be referred to, and dealt with by, the FOS."
I believe that my personal circumstances fall within this category because....... [add whatever you think relevant]
Red - only include if necessary - delete where appropriate in the square brackets [xxx]
DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER