Business Account - reclaiming bank charges

brunod

We are looking to recover bank charges from Barclays Bank on a business account. Their use of the following descriptions of Account Control Fee, Maintenance Fee, Standard Entrie, Auto entries would suggest they are not recoverable. However since January 2003 they have only show 2 types of charges i.e. Interest and Commission. What exactly can we reclaim?

IZZY01

brunod wrote: »

We are looking to recover bank charges from Barclays Bank on a business account. Their use of the following descriptions of Account Control Fee, Maintenance Fee, Standard Entrie, Auto entries would suggest they are not recoverable. However since January 2003 they have only show 2 types of charges i.e. Interest and Commission. What exactly can we reclaim?

You can only claim for any charges that were added when you exceeded your o/d limit or if any items were returned unpaid

Craig_Taylor

Can bank arrangement fees be claimed when trying to claim back bank charges on a business accout?

Lily2007_2

Hi

I wondered if anybody could tell me whether I can claim bank charges for a limited company. I have been overdrawn on a number of occasions over the last few years and am now struggling to pay my debts and some cash back from the bank (which I think would be quite substantial) would greatly assist with my cashflow.

Many thanks
Lily

themoneyman_3

Sorry if this has been posted before - I'm a total 'newbie'!

For a number of years I've had a Natwest business account, can I reclaim charges on this account such as 'x'p per £100 banked? £4.50 per bounced cheque (that we banked and was bounced - not a cheque of mine) etc?

If so, I'm up to £60k and only about half way through the last 6 years so far!

Edinburghlass_2

Nope, you'll find to start again I'm afraid, these are charges for running a business account and can't be claimed.

ckitch

Hi ya everyone. I don't suppose anyone knows if the claiming process for charges is the same for a business account. I have tried claiming my charges and have used the template letters so far but Lloyds TSB are saying that because it was a business account it isn't under the consumers act. But, as far as I can see I am still a customer, (or was) to them. Therefore aren't I covered by this act? I just think they're trying to fob me off personally! anyone know any different please?

Mapper_2

I am in the process of trying to claim charges on a business account. Lloyds say its not possible. Is this true as i am about to write my final letter to the courts to claim.

Also the courts charge me £70 for this, is this correct amount?

Mapper

olly300

Anyone who is trying to recover their bank charges and is a business cannot claim under The Unfair Terms in Consumer Contracts Regulations 1999. If you do this the case will be thrown out due to it being technically incorrect as you are not a consumer. However you can claim under The Unfair Contract Terms Act 1977. So if you started on the consumer regulations route I suggest you start again using the correct act.

More information on the act here:
http://www.netlawman.co.uk/acts/unfair-contract-terms-act-1977.php
http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCES&itemId=1074405689

I remember watching a program about 5 years ago about Natwest over charging a small business. The main case was to do with the order that Natwest debit and credit money into the account. It use to debit transactions ensuring the account was over drawn for an hour then credit transactions. It would then charge the business for being overdrawn for a day. Natwest paid up something like £12,000 of charges but the business had to bank elsewhere.

This information will also be helpful:
http://www.dti.gov.uk/consumers/fact-sheets/page38608.html

Taken from the page:

• A clause in the contract restricting liability for other loss or damage resulting from negligence can be used providing the exclusion satisfies the test of reasonableness.

• When a trader undertakes to provide a service for any person (whether or not a consumer) on his own written terms of business he similarly can only use those written terms to exclude or restrict his liability for breach of contract or allow himself to provide an inadequate service if he can show that the term in question satisfies the test or reasonableness.


• Ultimately, whether or not a term is unreasonable is something that only a court can decide. If a term were to be challenged it would be for the party seeking to impose it to demonstrate to the court that it was reasonable.*

*My emphasis.

Yorkie_Red_2

Please help.......!!! Im in the process of trying to reclaim some bank charges re my business account. Ive gone through all the preliminary work requesting statements etc then asking for a refund.

However, today I have received a letter from my bank asking me to to write afgain asking for a "specific breakdown detailing the amounts and dates" (and theres lots of them!. They also tell me that by stating "Bank Charges is insufficient as these comprise of a number of charging components that need to be split out and itemised for the purpose of a claim"

More worrying though is that they are staating because this is a business account and I am a business customer "Business Customers are not consumers for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999" and that this is confirmed by the OFT and DTI .

Are they right and can I still pursue a claim???? Or is this a try on by the bank???


Any advice would be greatly appreciated!