refusing to pay out charges

clarabellouise

ive tried to claim back charges on my partners accounts. they sent me an offer on his business acount and he signed a form to accpet the fujll amount they had offered. we have now received a letter to say they wont be giving him the money as his business 'is now dissolved' they are in no position to offer a refund? how can they say this when my partner still has a business but is just not running as a limited company?

for his other account, they requested he fill our a hardship form, then to come back to say he doesnt class as being in hardship, he's self employed and has had lots of money taken from him by the bank.

its so frustrating!!!!!!!!

i am going to write them another letter. i heard martin say on tv that if they had taken more than £500 charges from you in one year (which they have) then u can be classed as hardship.

has anybody got any advice on what i could write in a letter to help me make sure i get the charges back?

lorweld

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natweststaffmember

clarabellouise wrote: »

ive tried to claim back charges on my partners accounts. they sent me an offer on his business acount and he signed a form to accpet the fujll amount they had offered. we have now received a letter to say they wont be giving him the money as his business 'is now dissolved' they are in no position to offer a refund? how can they say this when my partner still has a business but is just not running as a limited company?
If the company was a limited company and the company was dissolved then so is all claims against the said company as it doesn't exist. I think they are right on the dissolved company.If it was a sole trader then it would be different.
for his other account, they requested he fill our a hardship form, then to come back to say he doesnt class as being in hardship, he's self employed and has had lots of money taken from him by the bank.
Does he have priority debt arrears(rent/mortgage, utilities, council tax)?
its so frustrating!!!!!!!!

i am going to write them another letter. i heard martin say on tv that if they had taken more than £500 charges from you in one year (which they have) then u can be classed as hardship.
I know Martin said that but that is not necessarily what the wording of the FSA Waiver says. I will give you the full criteria below

2.
In making an assessment of financial difficulty the firm will take into account:
a.
evidence of changes in lifestyle, including loss of employment; disability; serious illness; imprisonment; relationship breakdown; death of a partner; starting a lower paid job; parental/carer leave; and starting full-time education;
b.
evidence of the following events:
i.
items repeatedly being returned unpaid due to lack of available funds;
ii.
failing to make loan repayments or other commitments;
iii.
discontinuation of regular credits;
iv.
notification of some form of insolvency or court proceedings;
v.
regular requests for increased borrowing or repeated rescheduling of debts;
vi.
making frequent cash withdrawals on a credit card at a non-promotional rate of interest; and
vii.
repeatedly exceeding a credit card or overdraft limit without agreement (and, in this regard, where a complainant has incurred over £500 in unauthorised overdraft charges in the previous 12 months, that is to be treated as indicative of financial difficulty).
has anybody got any advice on what i could write in a letter to help me make sure i get the charges back?

Just to be clear, indicative of financial hardship does not mean, that someone IS in financial hardship. However, if you priority debt arrears then that is the way that you go about appealing their decision.

clarabellouise

thanks very much for your reply and all the info.

im still unsure about the ltd company as he was using the bank account before and after he was classed at ltd. the decision to go ltd was from his accountants and this was only for a year as they decided it was better for him to trade in his own name as before. ill check with him and maybe his accountants the dates and what happened.

also with hardship, last year he found it very hard to pay his debts each month, so we now pay a finiacial company who has set up minimum payments each month and we pay him a fee. without this we would not have been able to keep up with his debts. before this he had a mark against his name as he had missed lots of payments. is this classed as hardship? the first time i wrote to bank for these charges was 2 years ago.

once again thanks very much

clarabellouise

my partner set up the account as a limited company as requested by his accountant, they then decided for him not to trade as a limited company. they said that he shouldnt have set up the account but they would sort it out as he had already set the account up. therefore the account was limited and his credit card is still classed at limited but he has never traded as a limited company.

where does that leave us?

natweststaffmember

clarabellouise wrote: »

my partner set up the account as a limited company as requested by his accountant, they then decided for him not to trade as a limited company. they said that he shouldnt have set up the account but they would sort it out as he had already set the account up. therefore the account was limited and his credit card is still classed at limited but he has never traded as a limited company.

where does that leave us?

The bank account is either Limited company or not. If the limited company is dissolved then the bank account is closed and so is all liabilities TO and FROM the limited company. If there have been bank charges then the dissolution meant that unfortunately those charges are lost.

clarabellouise

he never traded as a limited company so it didnt dissolve, just used a limited company account. if we had proof of this from the accountants will it help? im sure they will just use this as an excuse not to pay out anyway when at the end of the day they were still charging him ridiculous amounts from his hard earned money,

thanks very much for the speedy reply :-)

natweststaffmember

clarabellouise wrote: »

he never traded as a limited company so it didnt dissolve, just used a limited company account. if we had proof of this from the accountants will it help? im sure they will just use this as an excuse not to pay out anyway when at the end of the day they were still charging him ridiculous amounts from his hard earned money,

thanks very much for the speedy reply :-)

When the companies was dissolved did he owe any debts to any companies?

clarabellouise

he never traded as a company so it never disolved. he has been self employed for about 7 years and is working under the same name and has had the same apprentice for 3 years.

he had debts and missed payments up until oct last year when he started to pay one single amount to a finance company who has arranged a minimun fee with all his credit cards and debts, one was to a solicitor becuase a debt had been passed on.

natweststaffmember

clarabellouise wrote: »

he never traded as a company so it never disolved. he has been self employed for about 7 years and is working under the same name and has had the same apprentice for 3 years.

he had debts and missed payments up until oct last year when he started to pay one single amount to a finance company who has arranged a minimun fee with all his credit cards and debts, one was to a solicitor becuase a debt had been passed on.

If the bank account is a limited company was it registered with companies house? With a limited company account the paperwork to open it will usually include the certificate from companies house.

clarabellouise

he opened a company up for 12 months but it never traded and never registered at the tax office so they cancelled it after 12 months, before, between and after that time he continued to work under his own name.

do you think i can get round this if i can prove the company never traded as limited?