Re: Bank charges with hardship claim
Hi Killer,
I hope you don't mind but I have made a few little tweaks to your letter.
Regards Budgie
HSBC Bank Plc
Service Management – CRT
Arlington Business Centre
Millshaw Park Lane
Leeds
LSI 1 OPP
Dear Sir/Madam
RE: Account Number
RE: Claim Number
Refund of Insufficient Funds Charges Request
I request a refund of the various “Insufficient Funds” charges which you have taken from my account between xx/xx/xxxx and xx/xx/xxxx together with compensatory interest thereon.
Further to recent publicity covering the High Court test case between the Office of Fair Trading and various Banks I am now aware that these charges may be considered unlawful at common law and statute.
The High Court has recently decided that the charges applied to my account can be assessed for fairness under the unfair terms in consumer contracts regulations 1999.
I believe these charges to be unfair as the terms which apply them fall under the remit of the unfair terms in consumer contract regulations 1999, Schedule 2 – paragraph (e) which states that the contract terms which have the object or effect of “(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” may be regarded as unfair.
I note the FSA’s definition of Financial Hardship as detailed in the updated waiver and believe that I meet these criteria and wish you to deal with my refund request accordingly.
I wouldn't worry about adding the Annexe as they will be very aware of the waiver conditions
My financial circumstances altered dramatically, six months ago, when my partner’s eldest daughter went to live with her father full time instead of living with us. Because of this we were no longer entitled to claim child tax credits, child benefit or maintenance money for her and subsequently starting incurring charges owing to insufficient funds in our account. I currently live in rented accommodation with my partner and 3 children. We have had to downsize property because of our spiralling debt and to try and cut our costs of living. We recently have had to pass all of our debt over to a debt management team who have taken control of our debt and we now make minimum payments to them which they pass onto our creditors who still have not agreed the payments and deemed them too low.
I am currently receiving charges to my bank account due to insufficient funds and am in arrears with council tax and with our electricity bill
We have recently been blessed with another son in our household but are very concerned as we constantly have to borrow money to buy everyday essentials such as nappies, baby food etc.
Our Nat West account has now also been passed to a debt collection agency in respect of the an outsanding balance mainly comprised of charges levied to the account over the past seven months.
I am very concerned that our new Abbey account will go the same way as we are already starting to have charges applied to it.
I have enclosed an income/outcome expenditure sheet so you can clearly see the extent of our present finacial hardship.
Your assistance in resolving this matter would be gratefully received.
Yours truly
Hi Killer,
I hope you don't mind but I have made a few little tweaks to your letter.
Regards Budgie
HSBC Bank Plc
Service Management – CRT
Arlington Business Centre
Millshaw Park Lane
Leeds
LSI 1 OPP
Dear Sir/Madam
RE: Account Number
RE: Claim Number
Refund of Insufficient Funds Charges Request
I request a refund of the various “Insufficient Funds” charges which you have taken from my account between xx/xx/xxxx and xx/xx/xxxx together with compensatory interest thereon.
Further to recent publicity covering the High Court test case between the Office of Fair Trading and various Banks I am now aware that these charges may be considered unlawful at common law and statute.
The High Court has recently decided that the charges applied to my account can be assessed for fairness under the unfair terms in consumer contracts regulations 1999.
I believe these charges to be unfair as the terms which apply them fall under the remit of the unfair terms in consumer contract regulations 1999, Schedule 2 – paragraph (e) which states that the contract terms which have the object or effect of “(e) requiring any consumer who fails to fulfil his obligation to pay a disproportionately high sum in compensation” may be regarded as unfair.
I note the FSA’s definition of Financial Hardship as detailed in the updated waiver and believe that I meet these criteria and wish you to deal with my refund request accordingly.
I wouldn't worry about adding the Annexe as they will be very aware of the waiver conditions
My financial circumstances altered dramatically, six months ago, when my partner’s eldest daughter went to live with her father full time instead of living with us. Because of this we were no longer entitled to claim child tax credits, child benefit or maintenance money for her and subsequently starting incurring charges owing to insufficient funds in our account. I currently live in rented accommodation with my partner and 3 children. We have had to downsize property because of our spiralling debt and to try and cut our costs of living. We recently have had to pass all of our debt over to a debt management team who have taken control of our debt and we now make minimum payments to them which they pass onto our creditors who still have not agreed the payments and deemed them too low.
I am currently receiving charges to my bank account due to insufficient funds and am in arrears with council tax and with our electricity bill
We have recently been blessed with another son in our household but are very concerned as we constantly have to borrow money to buy everyday essentials such as nappies, baby food etc.
Our Nat West account has now also been passed to a debt collection agency in respect of the an outsanding balance mainly comprised of charges levied to the account over the past seven months.
I am very concerned that our new Abbey account will go the same way as we are already starting to have charges applied to it.
I have enclosed an income/outcome expenditure sheet so you can clearly see the extent of our present finacial hardship.
Your assistance in resolving this matter would be gratefully received.
Yours truly
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