OK this is the same for both bank and credit card charges.
1: you need to submit a SAR (subject access request). this is a letter asking your bank/credit card company for a list of charges going back a minimum of 6 years.remember to enclose a £10 cheque as this is the maximum amount they are legally allowed to charge for the information they have 40 days to reply.
use this template letter.
[your address]
[their address]
[DATE]
Data Protection Act 1998
Subject Access Request
Dear Sir/Madam
ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)
Please supply me with a complete list of transactions and charges relating to my banking history with your organization. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.
Yours faithfully,
[signature]
[name]
2:after you have received your list of charges add up the amount and then add 8% statutory interest. this is the amount the court will award if you were to win at the court stages you must include a print out of your schedule of charges with this letter.
3:send a preliminary letter. this is a letter requesting that your bank/credit card company repay the charges as you believe they are unlawful they have 15 days to reply.
4:it will now go 2 ways they will either pay you outright or contest it and say they owe you nothing probably the later of the 2. if they contest move straight on to stage 5
5:now its time for a LBA (letter before action) this is now more serious as you are threatening court action if they do not meet your request for charges within 14 days use the letter template below.
[your address]
[their address]
[date]
LETTER BEFORE ACTION
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].
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, Statute and recent Consumer regulations.
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 as my fiduciary.
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 am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]
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.
I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.
You are also reminded of my request that you forward 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 your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
Yours faithfully,
[name]
.
.
.
.
Red - if you have a default notice issue as well - which has been caused by the charges. Otherwise to not include this part.
Blue - only include this if you intend to do it. Don't make empty threats
DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER
6:again it ill go one of 2 ways either they payout or they contest it again. if they contest it you now need to move on to court action. this can be done in one of 2 ways
first with an n1 available here
http://www.hmcourts-service.gov.uk/courtfinder/forms/n1(cc)_0302.pdf
n1 particulars are as follows
Claimant
YOUR NAME AND ADDRESS
Defendant
THE BANKS NAME
THE BANKS REGISTERED OFFICE ADDRESS
TICK NO TO HUMAN RIGHTS ISSUES
-----------------------------------------------------------------------------
Brief Details of Claim
Money claim for return of penalty charges applied to the Claimants bank account by the Defendant
-----------------------------------------------------------------------------
Value:
Quote:
Charges £xxx.xx
Overdraft Interest £xxx.xx
Interest under s.69 County Courts Act 1984 £xxx.xx
Court Fee £xx.xx
TOTAL £ xx.xx
Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgment/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.
--------------------------------------------------------------------
PARTICULARS OF CLAIM
1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]
2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;
b) Court costs;
c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]
6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).
I believe that the contents of these particulars of claim are true
Signed: DON'T FORGET TO SIGN IT
Date:
.
.
.
.
.
Notes:
Delete words in square brackets if not applicable
1. Insert a/c no.
2. Insert Date
3. Insert Sum
--------------------------------------------------------------------
if using an n1 print off 3 copys as you cannot save the page. include with your n1 3 schedule of charges. one for you one for the court and one for the defendant.
you can also submit a mcol this is done online the advantage of this is you can keep track of your case. you cannot use mcol if you are using a ex160 to exempt yourself form court fees if you are on benefits for example
1: you need to submit a SAR (subject access request). this is a letter asking your bank/credit card company for a list of charges going back a minimum of 6 years.remember to enclose a £10 cheque as this is the maximum amount they are legally allowed to charge for the information they have 40 days to reply.
use this template letter.
[your address]
[their address]
[DATE]
Data Protection Act 1998
Subject Access Request
Dear Sir/Madam
ACCOUNT NUMBER: xxxxxxxxx (or multiple numbers if more than one account)
Please supply me with a complete list of transactions and charges relating to my banking history with your organization. Alternatively, a complete set of statements for that period will be acceptable.
Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me, then I shall be reclaiming them, and also reclaiming the enclosed £10 Data Protection Act subject access request fee.
If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.
I would be happy to collect the Data from my local branch.
Yours faithfully,
[signature]
[name]
2:after you have received your list of charges add up the amount and then add 8% statutory interest. this is the amount the court will award if you were to win at the court stages you must include a print out of your schedule of charges with this letter.
3:send a preliminary letter. this is a letter requesting that your bank/credit card company repay the charges as you believe they are unlawful they have 15 days to reply.
4:it will now go 2 ways they will either pay you outright or contest it and say they owe you nothing probably the later of the 2. if they contest move straight on to stage 5
5:now its time for a LBA (letter before action) this is now more serious as you are threatening court action if they do not meet your request for charges within 14 days use the letter template below.
[your address]
[their address]
[date]
LETTER BEFORE ACTION
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
I am very disappointed that you have failed to respond to my letter of the [XXDATEXX].
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, Statute and recent Consumer regulations.
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 as my fiduciary.
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 am enclosing a copy of the schedule of the charges which I am claiming. I have already sent you a copy of this in my original letter of the [XXDATE OF FIRST LETTERXX]
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.
I require repayment in full of this money and removal of the default notice. If you do not comply fully within 14 days then I shall begin a claim against you for the full amount plus interest plus a claim under ss.7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.
You are also reminded of my request that you forward 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 your continued failure to provide them will be brought to the attention of the court, should it be necessary to commence a county court action.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit license under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
Yours faithfully,
[name]
.
.
.
.
Red - if you have a default notice issue as well - which has been caused by the charges. Otherwise to not include this part.
Blue - only include this if you intend to do it. Don't make empty threats
DON'T FORGET TO INCLUDE YOUR SCHEDULE OF CHARGES WITH THIS LETTER
6:again it ill go one of 2 ways either they payout or they contest it again. if they contest it you now need to move on to court action. this can be done in one of 2 ways
first with an n1 available here
http://www.hmcourts-service.gov.uk/courtfinder/forms/n1(cc)_0302.pdf
n1 particulars are as follows
Claimant
YOUR NAME AND ADDRESS
Defendant
THE BANKS NAME
THE BANKS REGISTERED OFFICE ADDRESS
TICK NO TO HUMAN RIGHTS ISSUES
-----------------------------------------------------------------------------
Brief Details of Claim
Money claim for return of penalty charges applied to the Claimants bank account by the Defendant
-----------------------------------------------------------------------------
Value:
Quote:
Charges £xxx.xx
Overdraft Interest £xxx.xx
Interest under s.69 County Courts Act 1984 £xxx.xx
Court Fee £xx.xx
TOTAL £ xx.xx
Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgment/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just.
--------------------------------------------------------------------
PARTICULARS OF CLAIM
1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]
2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.
3. A list of the charges applied is attached to these particulars of claim.
4. The Claimant contends that:
a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.
b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.
5. Accordingly the Claimant claims:
a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;
b) Court costs;
c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]
6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).
I believe that the contents of these particulars of claim are true
Signed: DON'T FORGET TO SIGN IT
Date:
.
.
.
.
.
Notes:
Delete words in square brackets if not applicable
1. Insert a/c no.
2. Insert Date
3. Insert Sum
--------------------------------------------------------------------
if using an n1 print off 3 copys as you cannot save the page. include with your n1 3 schedule of charges. one for you one for the court and one for the defendant.
you can also submit a mcol this is done online the advantage of this is you can keep track of your case. you cannot use mcol if you are using a ex160 to exempt yourself form court fees if you are on benefits for example
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