Cable Forum - Reclaim Your Bank And Card Charges

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Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Mr Angry

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.

So which letter do I use then?

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Mr Angry

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.

if its fully illegal then why arent the banks having some nice fines slapped on them?

Re: Reclaim Your Bank And Card Charges

OB you're dealing with FD isn't that right?

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Mr Angry

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 ÃƒÆ’Ã†â€™ÃƒÂ¢Ã¢â€šÂ¬Ã…Â¡ÃƒÆ’Ã¢â‚¬Å¡Ãƒâ€šÃ‚Â£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.

So are you suggest a simple.................'give me back the charges applied to my account letter' and not to get heavy at this stage ?

Mike

Handyman...........looking forward to an update !

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Mike

So are you suggest a simple.................'give me back the charges applied to my account letter' and not to get heavy at this stage ?

Mike

Handyman...........looking forward to an update !

More or less.

The banks are now a lot more complicit than they were when first challenged about two years ago. Back then we had to quote relevant law and cases to them and they still held out until the last minute.

Nowadays, with much more of this information and assistance freely available in the public domain ,they know it's in their best interests to throw their hands up.

There have been a few cases of late, notably the Halifax, who have paid up on receipt of the first letter.

Re: Reclaim Your Bank And Card Charges

Is this worth a go with Lloyds TSB do you reckon?

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Mr Angry

OB you're dealing with FD isn't that right?

Yes :)

Re: Reclaim Your Bank And Card Charges

would this work with First direct.

Re: Reclaim Your Bank And Card Charges

Florence & Zeph, I didn't tell you this, but yes ;)

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Gareth

Florence & Zeph, I didn't tell you this, but yes ;)

Ohhhh the enemy giving out secrets :) ;)

off topic - enjoy your F1 thingy Gareth?

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by handyman

Ohhhh the enemy giving out secrets :) ;)

off topic - enjoy your F1 thingy Gareth?

Any update on your claim ???

Mike

Re: Reclaim Your Bank And Card Charges

Got another letter stating again a big no.

Have sent It over to the angry chap to have a look. Did not have the time to edit it and post. Might have a look after lunch. :)

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by handyman

Ohhhh the enemy giving out secrets :) ;)

????????????

Mike

Re: Reclaim Your Bank And Card Charges

Quote:

Originally Posted by Mike

????????????

Mike

I'd have to kill you ;)
Heres my letter with names removed to protect the innocent :erm:

https://www.cableforum.co.uk/images/local/2006/06/1.png
https://www.cableforum.co.uk/images/local/2006/06/2.png

Re: Reclaim Your Bank And Card Charges

All Irrelevant to your claim...............you are not disputing the condition applied to the account but the charges . Any news from Mr A ?

Mike