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Sarah
Money Manager
Joined: 16 Jul 2004
Posts: 831
Cash Points ££ 12024.38
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 Posted: Sun Oct 22, 2006 11:53 pm Post subject: How to claim back your bank charges |
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On 5 April 2006, the Office of Fair Trading (OFT) concluded that default charges over £12 are automatically presumed to be unfair in terms of the Unfair Terms in Consumer Contract Regulations. Unfair terms are legally unenforceable.
Charges below £12 may also be unlawful - the distinction is that the OFT will only take enforcement action for charges above that figure.
if you have been charged fees then you may want to send the following letter -
Dear Sir/Madam
Re: Data Protection Act 1998 request for [insert your name, sort code and account]
Please send me the information which I am entitled to access under Section 7(1) of the Data Protection Act 1998 (the ‘1998 Act’) in relation to all charges which you have applied to my above noted account within the last [for England/Wales – 6 years; for Scotland – 5 years] from the date of this letter.
If you require any further information please let me know as soon as possible.
I enclose a cheque in favour of your bank in the sum of £10 with respect to the maximum statutory fee for processing this request.
I look forward to your response within the maximum 40 day timelimit under the 1998 Act.
Yours sincerely
(signed)
If you do not recieve a response within 40 days then you can lodge a complaint the with Information Commissioner's Office.
Include a photocopy of the letter which you sent to the bank, and a photocopy of your cheque.
The Commissioner has the power to compel your bank to provide the information which you require by serving an 'enforcement notice'.
Information Commissioner's Office in Wilmslow, England
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Once you have a list of charges, you can send a letter requesting a refund of the fees are unfair under the OFT ruling.
If they refuse to pay a refund, then send them a second letter threatening to take them to the small claims court, usually by this time they will make an offer to refund some fee.
If they still resist then you CAN take them to court. Hopefully over the coming weeks this thread will contain further information on that aspect of reclaiming your unfairly levied bank charges ! |
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