Send a 'letter before action'
If you don't get a response to your first letter, before you formally take action against your bank, write to them again. Here's a template letter:
Dear Sir/Madam
Account no: xxxxxxxx
I am disappointed that you have not agreed to refund the charges on my account in relation to direct debit refusals, exceeding overdraft limits and so forth.
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.
You did not allow me to have a say in whether or not you, as my bank, should accept transactions that take me beyond my agreed overdraft limit.
I therefore beleive your terms and conditions are unfair. Under Section 140 of the Consumer Credit Agreement, the relationship between customers and lenders must be fair.
Therefore I am making a claim under this Act.
I calculate that you have taken £xxxx plus £xxxx which you have charged me in overdraft interest for the sum which you have taken. Total £xxxx.
I am enclosing a copy of the schedule of the charges which I am claiming.
Additionally, if you have entered a default notice against my credit record, please remove it.. 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.
Yours faithfully
Xxxx
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Now, this is where it gets time critical. If they don't respond by agreeing a full refund within the period you’ve specified, you may wish to begin court proceedings. We suggest that, when you send your own Letter Before Action, you take the time to learn more about the court process.
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