[Your name and address]
[Account number: xxxxxxxxx]
I am writing to ask you to refund to me the charges which you have levied from my account over
the last [xxx] 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.
The charges debited to the account are punitive in nature; are not a genuine estimate of costs
incurred by the bank, exceed any alleged actual loss to the bank in respect of any breaches of
contract and are not intended to represent or related to any alleged actual loss. The precedent for
this was Dunlop Pneumatic v New Garage  AC 79.along with Murray v. Leisure play
 EWCA Civ 963.
Such high penalties are considered to be unfair by the OFT who reported on the 5th April 2006
and are therefore presumed to be unlawful in the absence of specific proof to the contrary.
According to the terms of the contract which you agreed to at the time I opened this account, it is
an implied term of that contract that you would conduct yourselves lawfully and in a manner
which complies with UK law.
Additionally, it has now been confirmed that your particularly high level of penalties are
considered to be unfair by the OFT who reported on the 5th April 2006 and are therefore
presumed to be unlawful in the absence of specific proof to the contrary. Although the OFT
referred specifically to consumer contracts it is fair to say that there is a read-across to business
contracts as well, as the Common Law relates to business and consumer contracts equally and
this was specifically mentioned in the OFT report.
I calculate that you have taken [£xx insert amount of charges here] in charges plus [£xx insert
amount of interest here] in interest, which totals [£xxx]. Therefore I am requesting that you
refund me [£xx total amount of charges and interest]. I enclose a schedule of the charges I am
claiming with this letter.
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 to respond.
After that, there will be no further communication from me and I shall issue a claim at the expiry
of the second deadline.
[Your name and signature]