Re: Reclaim Your Bank And Card Charges
 

Fantastic!!! Letter will be going in the post this week to them then - I must be owed hundreds!!! Anyone got a sample letter they can send me to use? Cheers!!! :)

Re: Reclaim Your Bank And Card Charges
 

Try this?

Re: Reclaim Your Bank And Card Charges
 

Yes it does...............see advice in post 1

Mike

Re: Reclaim Your Bank And Card Charges
 

thanks Mike :)

Re: Reclaim Your Bank And Card Charges
 

Don't use that template letter - it's too broad ranging and could serve to undermine your case.

There is a process to conducting a successful claim which you must follow.

1) Write to the bank and ask them to refund all penalty charges applied to your account over the last six years.

2) When they refuse then write to the bank making a subject data request under the 1998 Data Protection Act citing exemptions under CH35 part 2 (a) & (b)
-------------
Part IV Exemptions

35. - (1) Personal data are exempt from the non-disclosure provisions where the disclosure is required by or under any enactment, by any rule of law or by the order of a court.

(2) Personal data are exempt from the non-disclosure provisions where the disclosure is necessary-

(a) for the purpose of, or in connection with, any legal proceedings (including prospective legal proceedings), or

(b) for the purpose of obtaining legal advice,
-------------
Allow them forty days to comply with your request and remember to enclose a cheque payable to them in the sum of £10.00 (the statutory fee payable for this information).

Once you receive your data then work out the charges and the 8% interest and you then write to the bank asking that they refund same within fourteen days otherwise you will initiate County Court proceedings for recovery.

Re: Reclaim Your Bank And Card Charges
 

credit cards I believe its a better situation since if I am right the banks are having to change their charges on credit cards and have a deadline for it. For bank accounts this isnt the case which I think is stupid the regulator seemed to stop halfway short of actually legislating the max fee and left people to fend for their own refunds without protection from future excess fees.

Re: Reclaim Your Bank And Card Charges
 

As the law stands fees charged which do not represent the liquidated losses only (ie. penalty fees / charges) are illegal whether incurred in respect of credit cards, bank accounts or any agreement covered by consumer contract law.

The OFT merely gave its opinion on the law, it did not quote the law.

Re: Reclaim Your Bank And Card Charges
 

Are you suggesting a simple letter different to one referred to in the opening post ?

Mike

Re: Reclaim Your Bank And Card Charges
 

Just visit this site, sign up so you can get access to the template letters.
The process steps are also detailed there
Plenty of FAQ's too, sub forums for each of the banks as well

Worked for me, and so far members of that site have recovered over 800k pounds of charges

edit : rather over egged the pudding there, corrected to "k" rather than million

Re: Reclaim Your Bank And Card Charges
 

That is the maximum fee that legislation allows, it is not a specific fee. You should therefore NOT send a cheque, but request notification of the actual fee. It can vary between data users.

Re: Reclaim Your Bank And Card Charges
 

Sent the initial letter to the Abbey national yesterday, recorded delivery.

:)

Re: Reclaim Your Bank And Card Charges
 

I have got a letter back from the bank again with no cheque at home, I'll post it laters when I get back home.

Re: Reclaim Your Bank And Card Charges
 

Quite.

However including a cheque for the maximum allowable charge serves several purposes, not least of all denying the respondant the luxury of delaying tactics.

In all the cases I am personally aware of I have yet to encounter a bank that does not either (a) charge the entire £10.00 or (b) refund the entire amount.

That is, of course, just my experience to date.

Re: Reclaim Your Bank And Card Charges
 

If you could drop me an email to mark at mlweb dot co dot uk mr angry I could do with asking you a few questions regarding yorkshire bank if that is possible?

Re: Reclaim Your Bank And Card Charges
 

Mike,

Yes.

The above template, whilst useful, represents more of a potential danger to the sender than the receipient.

There is a correct & very specific procedure / process to follow. Once you throw in threats about the DPA and OFT you are actually arming them (the respondant).

---------- Post added at 15:38 ---------- Previous post was at 15:37 ----------

Handyman, will do.