Note : This account has been closed Due to recent media coverage on bank charges we are now aware that you, Natwest PLC, had been imposing charges to our account that were 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 us as consumers who fail in their obligations, to pay a disproportionately high sum in compensation. We believe that your charges were disproportionately high and therefore they were contrary to the Unfair Terms in Consumer Regulations 1999. In addition we believe that your charges were 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, we request without further notice a breakdown and proof of all costs involved regarding your actual or liquidated losses in any breach of contract to which these charges relate with yourselves, and that these charges reflect your true costs. We also hereby request a detailed report of which clause in your terms and conditions each charge has been applied against. Your charges appear to be nothing more than a profit-making scheme. Therefore we require you to refund us a total of £1,624.00 representing the total, unlawful penalties imposed during the last 6 years. We enclose a breakdown of these charges in an attached sheet. We hereby give you 14 days to refund the charges to me at the above address. For the avoidance of doubt, if this is not done within 14 days, we will commence my claim in the courts without further warning. This action will inevitably involve you in additional costs. Yours faithfully Mr John Blue

 

LearnMoney.co.uk Comment

• Accompanying this letter was a simple spreadsheet of the breakdown in fees
• This letter was sent via First Class Recorded delivery but Natwest chose not to reply so after 14 days (which was when we threatened court action) we decided to give them another chance and hence wrote letter 2