Bank Charges - The Letters you need

Letter One

Dear Sir/Madam
Request for copies of statements
Account – XXXXXXXX Sort-Code XX-XX-XX

I would like to make a formal request under the Data Protection Act for a copy of my bank statements or a complete list of all charges made on this account over the last 6 years. As you are no doubt aware, you are permitted 40 days to comply with this request. If you are of any doubt that this information is covered by the said act, may I respectfully draw your attention to the case of Durant v FSA 2003 in this case the judge ruled that bank statement information is indeed personal information and thus covered.

Yours faithfully

Letter Two

Account Reference - XXXXXXXX

Without Prejudice
Dear Sirs

Due to recent media coverage on bank charges I am now aware that you, BANK NAME have been charging me bank charges that are contrary to the Unfair Terms in Consumer Contracts Regulations 1999. Subsection 1(e) of the said regulations gives a non complete list of terms which may be regarded as unfair, such as a term which require me as a consumer who fails in his obligation, to pay a disproportionately high sum in compensation.

I believe that your charges are disproportionately high. Therefore they are contrary to the Unfair Terms in Consumer Regulations 1999. In addition I believe that your charges are a Penalty. Penalty charges are irrecoverable at common law. The precedent for this was a Scottish case, Castaneda and Others V. Clydebank Engineering and Shipbuilding Co (1904) 12 SLT 498. Along with the English case of Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79. It was held that a contractual party can only recover damages for an actual loss or liquidated losses. It is clear that your charges do not reflect any actual or real loss.

Your charges appear to be nothing more than a lucrative profit-making scheme. Therefore I require you to refund my entire bank charges for the past 6 years which are as follows -

DETAIL CHARGES HERE

I hereby give you 14 days to refund the charges back into my account. If this is not done within 14 days, I will be forced to take further legal action.


Yours faithfully

FURTHER READING - http://www.bankactiongroup.com