Difference between revisions of "Preliminary Approach For Repayment"

From Consumer Wiki
Line 79: Line 79:
 
MS Word Format: [http://www.consumeractiongroup.co.uk/wiki/images/0/07/PRELIM.doc PRELIM.doc]
 
MS Word Format: [http://www.consumeractiongroup.co.uk/wiki/images/0/07/PRELIM.doc PRELIM.doc]
  
 +
[[Category:Bank_Charges]]
 +
 +
[[Category:Legal_Information]]
  
  
 
'''''Page created by [[User:Me01273|Me01273]] 02:35, 20 June 2007 (BST)'''''
 
'''''Page created by [[User:Me01273|Me01273]] 02:35, 20 June 2007 (BST)'''''

Revision as of 16:07, 10 July 2007

What Is It?

A Preliminary Approach For Repayment letter should be the first letter you send, along with your schedule of charges, to ask for your money back.

An Example of A Preliminary Approach For Repayment Letter

[your address]


[their address]


[date]


Request for repayment of charges

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx


My request I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years.

I now 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 and contrary to consumer regulations. 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 charges 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.

Your responsibilities 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.

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 £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 my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by the taking by you of penalty 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 from the register. Please note that mere correction or amendment to the entry will not be acceptable.

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 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, I request that you forward within the above mentioned time scale, a copy of the Terms and Conditions that were in force at the time my account was opened, and any subsequent amendments to those Terms and Conditions. These are requested under CPR Pre-Action Protocol 4.6(c), and failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.

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.



Yours faithfully,



[name]


Red - only include if necessary


DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER

Download This Letter

MS Word Format: PRELIM.doc


Page created by Me01273 02:35, 20 June 2007 (BST)