Lloyds bank refusing to pay

Fleetpete_2

OK, I need to know if I have a case or not, I have been making a claim on behalf of my wife's business account (she has dyslexia, so i'm doing it on her behalf)
Having gone through the first 2 stages I have now made a claim for £1,192.50.
Yesterday we received correspondence from Lloyds stating they cannot agree a refund, among the reasons they give are:
The OFT's new guidelines on credit card default charges in April 2006, which they state do not apply to any service charges on my wifes' account??
But that the OFT recently announced that the rules set out and applied to current accounts is not straightforward and needs further examination, is this waffle?
They point out that the Unfair Contracts Terms Act 1977 & the Unfair Terms in Consumer Contracts Regulations which the OFT mentions do not apply to business customers, only to consumers.
They have invited me to contact the Financial Ombudsman if I am not satisfied.
Just to clarify, I have been claiming back charges on a current business account, so am I corect in assuming that their stance is my wife is a business account holder, so she can't claim ?

natweststaffmember

Service charge argument was defeated already once and they are relying on the Berwick case and others. That part of it is true, because business claims are slightly different and UTTCR is not what you are relying on.
She can claim for the business but the way she claims is slightly different, if there is a guide i am sure someone will post otherwise PM me and i will tell you where there definitely is one.

LozBingley

Don't be put off by the OFT's guidelines as £12 is still unlawfully high.

There is really no differecen between a business account or a personal account as legally the company is viewed as 'a person'

Take it to court and make a claim!

The chages you can claim are...

Account misuse fee
Cheque return fee
Card misuse fee
Unarranged borrowing fee
Unauthorised overdraft fee
Unpaid DD fee
Unpaid cheque fee
Unpaid standing order fee
Late payment fee (credit cards, store cards, catalogues etc)
Exceeding Authorised Overdraft Limit
Exceeding Unauthorised Overdraft Limit
Direct Debit/Standing Order/Cheque returned fee
Irregular fee
Paid refferal fee

and not Service fees