How to take on your bank and win !!! + Retirement update

You may recall that back at the start of February I decided to ask my bank back for all the charges it had levied on our acount for the last 6 years.

Last week when I hadn't heard from them in several weeks I began court procedings against them for the money.

Surprise surprise on the very day they were served the summons from the county court they have written to me and offered me over £2000, a little less than I asked for but we are going to settle. That'll cover the mortgage for a couple of months.

They of course say they do not accept the have done anything wrong or broken the law as that would require them to carry out a comprehesive review of their charging practices, and that the payment is a good will gesture...that's a bloody huge lump of goodwill (sic).

Anyway the whole process has taken about 8 weeks and I would recommend anyone in the UK who has been charges anything in the last 6 years by their banks to visit MONEY SAVING EXPERT and you'll find templstes of all the letters and the proces alid out in simple steps...you have nothing to lose.

Previous posts....
Give me My Money
Give me my Money Part 2

Now to get on with getting retired. I was denied medical retirement last week, however, I have right of appeal and grounds to do so. They agree that I am unfit for work and no adjustments would make it possible for me to give regular and effective service, but as my Family Doctor's report didn't specifically state that my Arthritis is permanent and going to effect me significantly for the next 23 years of my working life they couldn't retire me.

So anyway it turns out they addressed the request for a report on me to my GP's Medical Practice and not my GP himself, so the practice wrote the report based directly on my medical file, just diagnjostic facts and dates with no personal input from the Doctor who actually knows anything about my day to day issues. I asked my GP to write me a personal medical report in light of this and he has, stating the permanent aspect f my arthritis and so now I am awaitung the results of the appeal.

Give me my Money...

Been a while since we had a decent complain at someone, so I have decided to try and get back all of my Bank Charges I have paid over the last 6 years.

Why?

Well it all stems from an Article I read Here by Martin Lewis at Money Saving Expert and here on the bbc.

Coincidently Martin Lewis was on the TV this morning and just brought up the subject of Bank Charges as I was sealing the envelope containing the letter form the bank.

So how cn you do this, well in a recent court case Murray v. Leisure play [2005] EWCA Civ 963. It was held that a contractual party can only recover damages for an actual loss or liquidated losses, the bank charges we pay (for instance £30-35 for going overdrawn and getting a letter) are disproportionate to the actual costs incurred by the banks (reckoned to be about £1 to £2).

The wording in my letter, copied from Money Saving Expert and bbc where you can find full instructions of how to claim back the hundreds if not Thousands of pounds you have been fraudulently charged.

Due to recent media coverage on bank charges I now believe that you, , 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.

I believe that your charges are disproportionately high and 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 Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor co Ltd [1915] AC 79 along with Murray v. Leisure play [2005] EWCA Civ 963. 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 and or real loss.

Furthermore if you fail to comply with this letter, I request without further notice a breakdown and 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).

There it is nice and simple...

You have nothing to lose in this, as I said above read up at these 2 links and send your letter off ASAP.... Money Saving Expert and bbc Templates for the various letters are included on both sites.

I'll let you know how I get on...on and btw I am claiming back several thousand pounds...I sent the letter by recorded delivery to my Branch this morning.