BANK Of SCOTLAND REPLY To New response Template

[x12Geo]

Hi All

Letter received today.

Thank you for getting in touch again.

I've reviewed the points raised in your letter as well as the information we have about your personal circumstances. We still think that the unarranged overdraft fees are fair,and so won't be providing a refund of fees to you.

Following the Supreme Court decision,the OFT considered whether there were any other ways in which it could challenge the fairness of un arranged overdraft fees under Regulation 5 of the Regulations.The arguements that the OFT looked at includedthat customers cannot get out of fees in error,customers don't necessarily understand the banking system and customers who pay fees may be subsidisingservices provided to customers.
The OFT's view was that these arguments are unlikely to succeed and it has eneded its investigation into unarranged overdraft fees.
You can read its reasonsat oft.gov.uk/advice


Regarding your rquest for information on which clause each fee is applied against. I refer you to Terms and Conditions of your account. A copy of the Termsand Conditions of your account. Acopy of the Terms and Conditions for your account is available from your local branch.
I opened my account in 1984 and that was the copy asked for.

Final prargraph is if you are unhappy contact financial services ombudsman service.

Hope this helps others in their plight with Bank of Scotland.

Geo

[Tools]

Re: BANK Of SCOTLAND REPLY To New response Template

Can you link to or tell us which "new response template letter" you sent to them?

[x12Geo]

Re: BANK Of SCOTLAND REPLY To New response Template


Hello ,

This was the letter sent to the Bank of Scotland.

So I have not known what to do next,so I hope this may be helpful to other members.

Geo


Bank of Scotland

Dear Sir or Madam,

Account number:

I am writing in response to your letter dated February 21 2010 in which you have advised my complaint about unfair bank charges is to be closed and have given me eight weeks to respond.

I feel that in issuing these charges you have broken the FSA’s regulatory principle to ‘pay due regard to the interests of its customers and treat them fairly’ and I am writing to request that you do not close my complaint but instead take the following new grounds into consideration:

The charges are unfair under s.140A(1) of the Consumer Credit Act 1974 and contrary to the requirement of good faith, having caused a significant imbalance in our relationship and a detriment to myself, and under regulation 5(1) of the Unfair Terms in Consumer Contracts Regulations 1999, in the following respects (save for, in the case of the later, those matters which relate to the level of the charge as against the service supplied in exchange):

(1) The charges were (or had the potential to be) excessive and punitive in comparison with the costs to the bank caused by my conduct which triggered the charges.

(2) The charges were set by reference to the overall cost to the bank of providing current accounts to all of its customers which held such an account, rather than merely to the cost of my conduct thereby effectively requiring me to subsidise the provision of current accounts by the bank to other customers.

(3) In the premises the bank did not deal fairly as between myself and its other customers.

(4) The existence and quantum of the charges were inadequately and/or insufficiently explained and/or drawn to my attention either; when my account was first opened; when I gave an instruction which would result in the levying of a charge; or otherwise before any particular charge was applied.

(5) The circumstances and manner in which the charges were levied created potential for the application of multiple charges and the levying of charges to give rise to the application of further charges.

(6) The complexity of the charges and/or the circumstances in which they were levied.

(7) The nature of the charges and/or the circumstances of their application was such as to cause me inherent difficulties in predicting the incidence and amount of such charges in advance.

(8) The absence of any effective competition between providers of current accounts which restricted my ability to chose a current account operated on terms which did not provide for charges such as (and/or equivalent to) those levied by your bank.

(9) The charges were (or had the potential to be) excessive in comparison with the level of borrowing which triggered the levying of the said charges.

In particular, and without prejudice, the burden of proof for the above rests on Bank of Scotland to prove that the circumstances of our relationship are fair (pursuant to s.140B(9) of the Consumer Credit Act 1974), so unless you can provide evidence to the contrary I expect a refund of the full amount requested by return.


I now ask that you repay the amount I have previously requested of £x
I look forward to a full response to this letter within 14 days and if I do not receive a satisfactory response I intend to pursue my complaint to the Financial Ombudsman Service or small claims court at the earliest opportunity.

Yours faithfully,