Closed account now with a DCA

skintwellie

<TABLE id=HB_Mail_Container height="100%" cellSpacing=0 cellPadding=0 width="100%" border=0 UNSELECTABLE="on"><TBODY><TR height="100%" width="100%" UNSELECTABLE="on"><TD id=HB_Focus_Element vAlign=top width="100%" background="" height=250 UNSELECTABLE="off">Hi,
Has anyone tried to reclaim charges from a company account. Lloyds closed our account and recalled the overdraft which we had due only to the fact that the massive insurance premium (over £2,000) for our business loan was taken out in one lump, making us over our OD limit. We were then charged a daily rate and various cheques and DDs were not honoured and again we were charged. We have cleared the debt with Lloyds but when we tried to reclaim the charges using templates/advice from MSE we were told by the bank that the Unfair Terms in Consumer Contracts Regulations which we quoted did not apply to us as business customers, only consumers!
Does anyone know if it is worth pusuing this further the total charges come to about £2,000 plus we tried to make a claim about the insurance premium.
Please advise.
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smashedbooboo

A11 did you do yhis through the courts.Have you actually made a claim yet claim yet

a11waysindebt

They accepted my figures based on the info I sent them.

My friend who works for a bank is here at the moment giving some advice but is stating to be careful and also giving some alarming case results.

As soon as she stops yapping for 5 minutes I will update,

a11waysindebt

Ok,According to Jane.

In a nut shell the card is classed as only put on hold,Blair,oliver and scott are debt collectors on behalf of Halifax.I'm £39.23p from the credit limit.

A ppi claim could possibly fetch this card back into active mod and might start to incur interest again on any amount owing on it if it goes under £1000.00

When she carries out credit checks it doesn't only show if you have been taken to court but your claim against anyone is also recorded on the register.

And finally the bank will win in the long run win or lose the court case.

setmefree

deleted xxxxxx

inmypocketnottheirs

skintwellie wrote: »

<table id="HB_Mail_Container" unselectable="on" border="0" cellpadding="0" cellspacing="0" height="100%" width="100%"><tbody><tr width="100%" unselectable="on" height="100%"><td id="HB_Focus_Element" unselectable="off" background="" height="250" valign="top" width="100%">Hi,
Has anyone tried to reclaim charges from a company account. </td></tr><tr unselectable="on" hb_tag="1"><td style="font-size: 1pt;" unselectable="on" height="1">
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In the words of the immortal prophet, Lloyds are talking out their !!!!s! The bank charges are just as recoverable for businesses as for individuals. You are still covered, but to a different extent. Have a look here:

http://www.businesslink.gov.uk/bdotg/action/layer?topicId=1074405506

HTH

wilf55

setmefree wrote: »

I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY

Request for information under the Consumer Credit Act 1974

To Whom it may concern,

Ref Number
As per sections 77-79 of the above act, I hereby request a True Copy of the Original Executed Agreement for the above account number.

It is my understanding that:-

* By law, you must comply with this request within 12 working days of having received it. I am sending this letter Special Delivery.
* The statutory fee of £1 is required to be paid for this information, and I have enclosed a £1 Postal Order.
* In responding to my request to supply a True Copy of the Original Executed Agreement, you must also provide any and all documents referred to in it. Where this may include Terms and Conditions as varied, I hereby specifically request a True Copy of all the inception Terms and Conditions which form the original agreement, and all variations to them since. I support this request with County Court Pre-Action Protocol 4.6 ( c ) .
* Should you fail to comply with this request in any part, or exceed the prescribed time allowed to respond, you shall be in default of this act and legal request.
* Whilst you are in default, and until such time as you fully comply, -you may not pursue, enforce or increase any alleged indebtedness, nor disclose any information regarding me to any third party what-so-ever.
* If you fail to fully comply with this act and request for 12 working days plus one calendar month, you will have committed an offence under the act.

If you are unable to supply a True Copy of the Original Executed Agreement and all documents therein (and specifically the inception Terms and Conditions), I would be grateful if you would confirm this in your response within the 12 working days allowed.

Yours faithfully

hi i sent a similar letter regarding an old debt approx £5000 they took the pound paid it off the debt and ignorned my letter sent another letter repeating my request and havent heard from them in 6 months yet they had given me a date that they were applying to court etc etc

the debt is now over 6 years old so presume its now gone

a11waysindebt

Update:

Received a letter from Halifax this morning.As was mentioned to me last night by my banking friend Jane,the debt was only passed and not sold on, so the debt is still with Halifax.

So as far as I'm now concerned thats it.

As for the second claim with a different account,if they need to chase me for more payments it is their job to do it.

I am not getting involved with spending more time and money helping them get their money back quicker.

williambrown

Ok, I have nearly £3000 in bank charges. It wasn't nearly that a year ago but they've been charging every month even when they had closed the account!

I sent them the letters from here and they made an offer for only part of them so I'd still owe them money. I told them no.

I made them another offer which they refused because it would be an admission of guilt in their eyes.

They told me I wouldn't be able to reclaim them so I had no other choice. I explained that I actually could because I'm on Job Seekers Allowance and in great financial difficulty since the birth of our baby.

Now, they've sent it to a collector and I've been sent a payment book.

I need to know, if I do pay them am I losing the ability to reclaim? Also, I need to know if there is a way to do a reclaim if you can't afford the fee to initiate the claim. I've tried to save for them (I think it is £30) and we just never have it. We are very very poor and have a baby that must have food even if we have to go without.

I would appreciate any help as I've been trying to finish my college course but the sleepless nights worrying about this is having an effect.

Thank you,
William

gemtur

yes ive sent all the letters and Barclays told me i'd have to wait untill the test case, in the meantime they have passed on the debt!