Business Account - reclaiming bank charges

Beate

You haven't looked hard enough then, it is in post 9 toward the end, but I give you the link here: http://forums.moneysavingexpert.com/showthread.html?t=270122

k1mmie

Are business accounts covered with the current test case ruling. RBS have sent me the same 'on hold' letter for both business and personal?

BARKSTON

I have Submitted a claim on behalf of my company for the reinbursement of bank charges unlawfully deducted from teh compnay account citing the fact that the banks charges are disporportinatley high adn there fore contrary tothe unfiar terms in the consumer contract regulations 1999 schedule 2 (1) (E) and para 8. also pentley charges.

HSBC bank responded with the following rebuttal:

unfair Terms in consumer contracts regulations 1999 do not apply to business customers as they are not consumers for the purposes of the regulations.

is this statement correct, if so what tatic should i now adopt to pursue my claim.

Debsmary_2

Hi Moneysavers

I have on going business bank charges claim for over £9,000, Barclays put in last minute defence at Doncaster Court, have also sent copy of their take on the OFT test case. Suggesting that i can take them to court but will apply to court to have case put on hold.

I contacted Doncaster they are still dealing with claims, so i am submitting questionnaire.

Their defence amongst other things states "the statement of case would appear to be an abuse of process and will obstruct the just disposal of the proceedings and it does not comply with CPR 116.2."

I have since lst December given all info as per templates on this site.

Is this part of usual defence? just need to put mind at rest as intend representing myself if possible.

Beate

Well all I know is that Lloyds used the same argument with us and still paid out after we filed a court claim.

tifo

the FSA waiver and OFT case does not apply to business account claims but ONLY to personal current accounts, as the UTCCR's are a consumer regulation.

so your case should carry on as normal.

bengal-stripe

BARKSTON wrote: »

...unlawfully deducted from teh compnay account citing the fact that the banks charges are disporportinatley high adn there fore contrary tothe unfiar terms in the consumer contract regulations 1999 schedule 2 (1) (E) and para 8. also pentley charges.

They just could not understand your letter!

back2square1

Hi my mother in law has asked me to find out how she can reclaim bank charges on her business account with Lloyds TSB.

Is it still the same process as reclaiming on a personal current account?

Because the business account is alot more complicated we are wondering whether to employ someone to reclaim the bank charges on the business's behalf because we are worried we will not be able to do it and would sooner pay someone (no win no fee) who would be far more experienced and more competent than us.

We would really appreciate some advice on this.

IZZY01

back2square1 wrote: »

Hi my mother in law has asked me to find out how she can reclaim bank charges on her business account with Lloyds TSB.

Is it still the same process as reclaiming on a personal current account?

Because the business account is alot more complicated we are wondering whether to employ someone to reclaim the bank charges on the business's behalf because we are worried we will not be able to do it and would sooner pay someone (no win no fee) who would be far more experienced and more competent than us.

We would really appreciate some advice on this.

Hi,
I claimed both my personal and business account charges from BOS in exactly the same way. I used the same template letters, but sent them to different addresses obviously. Received decline letters for both, passed to Ombudsman and received offers for them both on 26th July. I don't think it needs to be more complicated. It is only the over limit charges and the returned items charges on both accounts that you can claim. You cannot claim for o/d arrangement fees, fees for paying in cash, cheques, transfers etc. as these are for a service provided. Although it took a while, it was pretty straight forward. Just a matter of working out charges and asking for them back! Don't bother using or paying anyone to do it on your behalf. If you need any advise, just let me know, I'll see what I can do
Izzy

rsobres

We are with lloyds tsb they have refused once saying the account was for business, my husband is self employod sole trader, we sent court letter, they now say as final decicision that they still will not pay because we knew of the charges before they were taken. Im now a bit scared as next step is small claims and what if we loose. Llyods charged us over £4000 so we said pay £3000 but as I said they still refuse,ombudsman not taking on anymore cases ,Help what next