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原帖由 瓜农 于 2008-10-29 16:20 发表 
我曾被HSBC扣过，也觉得应该能要回来，可是预见的是一个说汉语的女人，坚决不退，我当场要求把账户取消了（本来我在其它银行有off set，账户这个账户可有可无了）。可能她话说得太绝把自己逼上了台阶只能给我取消账户 ...
基本上百分之九十以上的情况是，通过打电话就可以解决退款问题。如果你真的遇到这么难缠的顾客，建议要他的名字，这个CASE的REFERENCE NUMBER。然后写一封书面COMPLAIN的信件给银行。
以下贴一封书面抱怨信的范文，希望对你有帮助。
"Dear Sir/Madam
Your Name
Account Number: [BSB and Account No or Credit Card Account No]Default fees charged to the above account
I have been charged a number of default fees in relation to my account with [Insert Name of your Financial Institution]. The total amount of the default fees charged to my account between [INSERT Date of First Fee] and [INSERT Date of Last Fee] is $[Insert Total Amount of the Fees you are challenging].
The default fees were for [State the Types of Fees you are challenging – eg periodic payment and direct debit dishonour fees; cheque dishonour fees; overdrawn account honour fees; deposited (inward) cheque dishonour fees; credit card late payment fees; credit card over-the-limit fees].These fees are excessive and I therefore write to make a formal complaint about the charging of these fees. I ask that you repay the entire amount of these fees to my account in resolution of my complaint.
My complaint and request for repayment is based on the following grounds.
First, the fees are out of all proportion and unconscionable in comparison with the loss suffered by you in processing my defaults. The fees you charged me were between $[Insert amount of lowest fee] and $[Insert amount of highest fee]. I do not believe that your costs in dealing with my defaults were even close to these amounts. However, I am willing to consider any evidence you can provide me to the contrary.
Secondly, there is a clear difference in bargaining power between [Insert name of your Financial Institution] and me as an individual consumer. As you would be aware, I had no opportunity to negotiate the terms of my account contract with you and, in any case, would have no ability to change any of the terms imposing fees and charges. In these circumstances, it would be unconscionable for you to enforce the fees.
Given the above, the default fees you have charged to my account are ‘penalties’, in accordance with the well-established legal principle set out in cases such as Dunlop Pneumatic Tyre Co Ltd and O’Dea v Allstates Leasing System (WA) Pty Ltd. This makes them void, meaning they could not be enforced against me in court. As they are void and unenforceable, they should not have been charged to my account and should be repaid.
Further, it is also possible that by enforcing the terms of my account contract imposing these excessive fees on my account, [Insert name of your Financial Institution] is engaging in unconscionable conduct within the meaning of section 51AB of the Trade Practices Act 1974 (Cth), particularly because of my lack of bargaining power relative to you and the fact that the terms imposing these fees are not reasonably necessary for the protection of your legitimate interests.
Finally, the terms of my account contract imposing these fees is unfair within the meaning of section 32W of the Fair Trading Act 1999 (Vic), in that contrary to the requirements of good faith and in all the circumstances, these terms cause a significant imbalance in our rights and obligations of under the account contract, to my detriment as the consumer in this relationship. This renders the terms void, again meaning that they could not be enforced against me in court.
Accordingly, please refund the total amount of these fees to my account, being $[Insert Total Amount of the Fees you are challenging].I look forward to receiving your response within 21 days of the date of this letter. If I do not hear from you, I may take further action to recover the amount of these fees without further notice to you.
Yours sincerely
[Sign your name here]
[Insert your Typed Name here]
祝你好运。
[ 本帖最后由 maleela 于 2008-10-30 18:21 编辑 ] |
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寒冬泡普洱 (2008-4-17) big_beast 
发表于 2008-10-20 09:15
