Partnership account - business or personal?

[jdmg100]

Apologies if this is covered elswhere. I have looked!
I run a business account, but trade as a partneship rather than a ltd co.
I have recently written to the RBS asking for my charges to be refunded.
The have replied saying blah blah blah, we are aware of the OFT investigation, but this only applies to personal accounts, not business, so go away.
This does not bother me, I have read on here how to proceed on behalf of a business, but am unsure if I am applying the Unfair (Contracts) terms Act 1977 (for a business) rather than the 1999 Consumer Contract Regulations (for personal).
Can anyone help?
Thanks

[lancasterchelsea]

I am also going to claim back partnership charges
just getting started
have you any further info on which law, 1 person or 2 persons etc
thanks

[lancasterchelsea]

btw it's RBoS

[jdmg100]

Cannot now tell anyone what the score is, because, they have just offered me what I asked for in full, hope these letters help someone in future, CAG, look forward to a contribution:

9th September 2006


Further to your recent letter of 4th October.

We are referring to illegal charges, which I am sure RBS’s legal team is perfectly well aware of. There is a proliferation of cases in the public domain regarding personal accounts and business accounts (though with regard to business accounts the relevant law is the Unfair (Contracts) terms Act 1977 rather than the 1999 Consumer Contract Regulations.

In the light of the above I have to say I find RBS’s response more than a little shoddy, and extremely disappointing.

If you would like to reconsider your position please do so with some urgency. As things stand I shall be raising a writ within the next few days.

16th October 2006


Thank you for your letter of 13th October, your reference, xxx

Whilst apologizing for any unintended inconvenience or upset. I would have been more convinced had an explanation been forthcoming as to why RBoS had tried to fob me off with what amounted to stuff and nonsense.

The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977.

In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law.


I assume that in due course you will ask me to believe that once you have verified the charges referred to that I am to accept that this charge will be acceptable whilst that one will not.

Whilst not holding you responsible in any personal way. Perhaps you can see that in the absence of any compelling argument (case law perhaps) the credibility of RBoS has dissipated and I would rather see you justify yourselves in open court.

As to, me providing you with statements. I have already done this. My original claim (for £3,739) was queried after my initial letter, you (my local branch) organized copy statements for the last six years, which after several weeks and many phone calls, eventually appeared. I went through them amended my claim accordingly (to £4100), and sent the statements on to my local branch. Your request for me to provide them is at best incompetence at worst prevarication.

I believe I have been “given the run around” quite enough on this issue and as a result will be raising a writ within the next seven days unless you come up with extremely good reasons why I should not. (An offer to settle for £4100, would do it, being naturally lethargic I would then not have to calculate the interest involved).

Looking forward to your comments.

17th October 2006


Thank you for your letter of 16th October, your reference, xxx

Though more than a little confused, the fact that you wrote to me on the 13th, then on the 16th made an offer of £1,645, before you had a chance to receive my reply, is more like it. I take it all back – first class customer services!

In the absence of any compelling arguments I fail to see why I should accept this figure. However so as to avoid the paperwork involved in a court action, I am prepared to accept £4,100 and forego any interest calculation. Should you find this acceptable, please note that is should be unconditional. Your proposal that terms and Conditions should apply, will be accepted only if, in due course, the OFT consider them legal. Illegal terms cannot be applied (which is why we are having this correspondence in the first place).

My last letter (16th October) indicates that you have until 23rd October to respond before Court action commences. You are respectfully reminded that there will be no extension to this timescale.

I trust this clarifies my position.


21st October letter from RBoS, settling in full for £4100