Originally Posted by DogSmoke
So even if you are in the wrong by failing to make a payment on time etc. you can claim back the charges because it doesn't actually cost them that £25 overlimit fee or the £25 late payment "admin" fees?
This is superb if true. I could probably clear a debt that's been pissing me off a bit if I could reclaim all that stuff.
I'm paying the price of a reckless past

That is correct.
If you do not keep all your bank statements you will need to send this letter first of which they only have 40 days to respond, failing to do this they will then occur 8% interest charge on your claim.
(your address)
[their address]
(date)
Data Protection Act disclosure request
Dear Sir/Madam
ACCOUNT NUMBER: xxxxxxxxx
Please supply me with a complete list of transactions and charges relating to my bank account since (WHEN EVER YOU WANT AS LONG AS LESS THAN 6 YEARS). Alternatively a complete set of bank statements for that period will be acceptable.
Additionally where there has been any event in my account history over this period which has required manual intervention by any member of your staff or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention or other evidence of that manual intervention in relation to my banking business with you.
If you are unable to supply data relating to manual intervention because there has been no such manual intervention then please be kind as to confirm this in your response to this request.
I enclose the statutory maximum fee of £10. You have 40 days in which to comply. Furthermore, if I discover that you have levied disproportionate penalties against me then I shall be reclaiming them.
Yours faithfully,
(Name)
Once you have totalled the charges up, you will need to send this letter.
[your address]
[their address]
Request for repayment of charges
Dear Sir/Madam,
ACCOUNT NUMBER: xxxxxxxxx
My request
I am writing to ask you to refund to me the charges which you have levied from my account over the last XXXX years
I now understand that the regime of fees which you have been applying to my account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law, Statute and recent Consumer regulations.
Your responsibilites
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 am frankly shocked that you have operated my account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.
What I require
I calculate that you have taken £XXXXX plus £XXX which you have charged me in overdraft interest for the sum which you have taken. Total £XXXXX
Additionally you have entered a default notice against my credit record. This default occurred merely in respect of unlawful charges levied by you or was the result of impecuniosity caused directly by he taking by you of penalty charges which you had applied unlawfully to my account.
In addition to full payment of the sum mentioned above I require that you remove the default entry from the register. Please note that mere correction or amendment to the entry will not be acceptable.
My targets to resolve this matter
I hope that you will enter into a sincere dialogue with me about this matter and I am writing this letter to you on the assumption that you will prefer to do this than merely respond with standard letters and leaflets.
I will give you 14 days to reply to me accepting unconditionally my request in principle and letting me know a date by which I will receive payment.
If you do not respond or you do not respond positively within this time period, I shall send you a letter before action giving you a further 14 days in which to reflect. I believe that these targets are more than sufficient for a large company such as yours with dedicated staff and departments.
After that will be no further communication from me and I shall issue a claim at the expiry of the second deadline.
Yours faithfully,
[name]
They will not want this matter to goto court and will get back to you. The maximum amount of time the whole process will take prior to you getting your payout will be 80 days. You can offer an agreement stating you will accept a percentage within 7 days i.e if charges over the past 6 years are £1200, give them 7 days to pay £1000 and they will take this offer.
The banks do not want to goto court and have never taken it to court yet. You are best to keep your claim to under £5k to keep within the small claims bracket so that in the very unlikely case it did goto court then you would not be liable for any court charges.