Daughter Wants Her Charges Back

[littlesally]

I am probably having a blonde moment (in a blonde life) but I can't find any letters to send to the bank to request bank charges stop being taken from her benefits and request the previous charges back.
Daughter could do with them.
She's had about 10 gone over the last few years and didn't know she could claim them back - which really goes to prove how little she listens to me!

Sally x

[Paradox]

Not sure if this is any help Sally?

http://www.legal-beagles.co.uk/forum...opriation.html

[biscuits]

Typical girl eh Sal?

[littlesally]

LOL Cillit!!

That seems to be the one! Thank you.

Does she use the usual process to ask for charges back or is there a different one when it's from benefits?

Sally x

[biscuits]

yeah benefits one is slightly different i think amethyst has done one in benefits section

[littlesally]

I will have another look,

Sally x

[biscuits]

Here you go, i pinched this from stephen PC


Letter Before Action

Dear Sirs

[Your Account Number/Details]

I am writing to inform you that I am in receipt of [insert benefit name] Benefits you have taken money out of this benefit to cover charges levied on my account.

This money is paid to me to live on, The benefit that I am in receipt of is deemed as alienable under the Social Security Administration Act 1992 (s.187)

Furthermore there is clear case law to support this please see

Woods v. The Royal Bank of Scotland 1913 1 S.L.T. 499 which states as follows:"A weekly payment, or a sum paid by way of redemption thereof, shall not be capable of being assigned, charged, or attached, and shall not pass to any other person by operation of law, nor shall any claim be set-off against the same."

You have taken XXX amount from my benefits and I believe such action is in breach of the said act. Therefore I hereby give you 14 days to refund XXXX representing the total amount charges you taken out of my benefits.

Further and or in the alternative I am now aware that you, { Banks name} have been charging me, charges, that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e) of the said regulations gives a non-complete list of terms, which may be regarded as unfair, such as a term that requires me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

Your charges appear to be nothing more than a profit-making scheme. Therefore I require you to refund me a total of £X,XXX.XX, representing the total, unlawful charges deducted from my account during the last 6 years. This amount also included the amount taken from my benefits, I hereby give you 14 days to refund the charges back on to my account. For the avoidance of doubt, if this is not done within 14 days, I will commence my claim in the courts without further warning. This action will inevitably involve you in paying additional costs i.e. solicitors fees.

If you refuse to comply with my request for a refund, then I request proof of all costs involved, in regards to your actual or liquidated losses involved in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs in relation to the said charges, and are proportionate to the charges levied on my account, as defined in Unfair Terms in Consumer Contracts Regulations 1999. Schedule 2 (e).

Finally if you are going to say that there was no breach of contract and that these charges are for a service, then I will argue that you have attempted to restructure accounts in order to present events of default spuriously as additional services. I must remind you that the UTCCRs are concerned with the intention and effects of terms, not just their mechanism. For example, a charge for 'agreeing to' or 'allowing' a customer to exceed his credit limit is no different from a charge for the customer's 'default' in exceeding his credit limit.

For the avoidance of doubt I now request a copy of the original contact that I signed with [Bank Name] and a copy of the terms and conditions that we received at that time along with any subsequent amendments to these terms and conditions until they reflect your current terms and conditions. Also I request a detailed report of which clause, in the terms and conditions, each charge had been applied against.

Yours Sincerely




[Your Name]

[biscuits]

Adjust as necessary

[littlesally]

Brilliant!!!
Thank you so much Cillit.

Now just to kick her arse into gear!

Sally xx

[biscuits]

You're welcome, make sure she knows how much she is owed and fiddle about with it a bit so that you send a prelim version first ok?
Good luck hun




i absolve myself of any spelling errors in the original letter, i did not write it! lol

[iancognito]

Do you think we should add a line to this letter to say the SSAA should supersede any action by the OFT, after all they make recommendations, not laws!!!

[biscuits]

good idea jan, lets hope sal sees this before she prints off her letter!
btw do WE have a copy of this letter anywhere?
i couldn't find one

[littlesally]

Don't worry, I've seen it.
Probably won't start this for a few days, trrying to sort out all the other stuff first.
She also needs to ask for her statements back.
Would be interested if we do have our own letter.

Thanks for all the above. Will let you know how this all goes.

Sally x

[biscuits]

Good luck Sal x

[iancognito]

Sal we got the brain working on it as we speak.

Does take a while to warm up tho!