[THEIR ADDRESS - THIS IS THE ADDRESS OF THE BANK'S HEAD OFFICE (click here for more information)]
[YOUR ADDRESS - YOUR ADDRESS THAT THE BANK HAVE ON RECORD FOR YOU]
[DATE - YOU MUST HAVE THIS ON THE DOCUMENT]
LETTER PRIOR TO ACTION
Dear Sir/Madam
RE. ACCOUNT NUMBER: [YOUR ACCOUNT NUMBER HERE] SORT CODE: [SORT CODE HERE]
I have recently discovered that 'fees' which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so on are unlawful at Common Law, Statute and recent Consumer regulations.
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.
I calculate that you have taken £XXXXX in fees/charges plus £XXXX in overdraft interest for the sum which you have taken which comes to a total of £XXXXX.
You may have also made a default notuce or other entries on my credit record as a consequence of the unlawful charges and as well as repayment of the total sum, I am instructing you to remove those entries from my credit record. Please note that a correction or amendment to the entry will not be acceptable.
I require repayment in full of this money and removal of any 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 sections 7 and 13 of the Data Protection Act 1998 plus my costs and without further notice.
Furthermore, I shall submit a Consumer Credit Act 1974 complaint to the OFT upon the basis that you have failed to comply with the OFT's direction of 5 April 2006 and are therefore not a 'fit and proper person' to hold a consumer credit licence under the 1974 Act. If you do not understand what this means then seek advice from your legal department.
Yours faithfully,
[YOUR SIGNATURE]
[YOUR NAME (PRINTED)]
We have prepared a letter that you can use to make a LPA request. Click here to view the letter.