Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Bank Of Scotland Business Account

    Hi, Can anyone offer some help. I have a business account with the Bank of Scotlandicon. The account went into arrears and an agreement was reached that once the arrears were made up the bank charges would be returned to me. The bank set up an account for my arrears and kept my normal account going along as usual. Now that the account is up to date they have said that the bank charges can not be returned after first stating that this would not be the case.
    Do I have a leg to stand on, this is not a current account but a business account so does it make a difference?


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  2. #2
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    Default Re: Bank Of Scotland Business Account

    hi samson

    yes you can claim your charges back from a business account
    here are the links for if you start a thread in the Halifaxicon forum you will get all the help and advice in there good luck

    A guide to Business Claims

    Sample letter to your bank - business version

    http://www.consumeractiongroup.c o....bank-scotland/





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    HOW NOT TO CLAIM...Click here!

    HOW TO...DUMMIES GUIDE TO CAG...Read here

    .please remember that any advice i give is purely my own experience or opinion thankyou

  3. #3
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    Default Re: Bank Of Scotland Business Account

    Hi, Samson.

    Take the good advice given by **Tilly**, read the links, then start the process. I have twice won claims on my Bank of Scotlandicon Business Account. The first was a small claimicon, the second a Summary Cause. They paid the interesticon and court costs with both claims, although they waited untill my court papers were served on them before giving me my cash.
    They are still due me about £5,000. I complained to the Financial Ombudsmanicon Service, and they are taking up my case, although everthing is on hold at the moment, have a read of this........

    http://www.consumeractiongroup.co.uk...laim-what.html

    Best wishes with your claim.

    Regards.

    Scott.

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  4. #4
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    Default Re: Bank Of Scotland Business Account

    Thanks, for the reply. Due to the account going into arrears the bank started to charge interesticon at around 3.75%. No letters were sent to me by my relationship manager to inform me of this, therefore I'll be taking this up as well. They have sent to me two standard letters saying that they have recieved my first letter and are looking into it.


  5. #5
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    Default Re: Bank Of Scotland Business Account

    Hi, Samson.

    If your relationship Manager is anything like mine, you'd be just as well banging your head of a brick wall. Mine was as much use to me, as a left-handed paint brush. I was sick to the back teeth arguing with the woman.
    Take them all the road.

    Best wishes.

    Scott.

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  6. #6
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    Default Re: Bank Of Scotland Business Account

    Scott, thanks for that I seem to have had the same problem. Have you reclaimed the money from the Bank of Scotlandicon?


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    Default Re: Bank Of Scotland Business Account

    Hi, Samson.

    Here's the three claims I've won.......

    Bank of Scotlandicon( Business Account ) small claimicon.
    Claim 1.£720 & £268.70 interesticon & £39 Court fee
    Total: £1,027.70 Settled in Full.(October 2006)

    Capital Oneicon Bank (Europe) plc Summary Cause Claim.
    Charges: £832: Interest:£240.94: Costs: £39.
    Total : £1,111,94: Settled in Full. (February 2007)

    Bank of Scotland (Business Account) Summary Cause.
    Claim 2. £945.00 & £106.60 interest and costs.
    Total: £1,051.60. Settled in Full (April 2007)

    Regards.

    Scott.




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  8. #8
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    Default Re: Bank Of Scotland Business Account

    Thanks Scott, it seems like they will have to pay up, did your case go to court, or did they pay up before without much of a fight.


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    Default Re: Bank Of Scotland Business Account

    With my first claim, their lawyer phoned me the day before my Return Date and offered me the lot. They then closed my account. My second claim, the Summary Cause, they totally ignored everthing I sent them, including my Court Return Date and Calling Date, I applied for my Decree and they put all the money into my 'closed account' I had to go into my local Branch to withdraw the money. They are still due me £5,000, fosicon are dealing with it.(well until after the test case.


    Regards.

    Scott.



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  10. #10
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    Default Re: Bank Of Scotland Business Account

    If you are claiming on business accounts my understanding is that the Unfair Terms in Consumer Contracts Regulations is not of any consequence to the basis of your claim so keep going.
    I am about to send off a lbaicon for my business accounts.


  11. #11
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    Default Re: Bank Of Scotland Business Account

    I've had a letter today from the Bank of Scotlandicon and they are stating that they will not be able to pay back the charges after looking into the file. I will now be going to take it further, have you any suggestions for me. I'm not going to let them get away with this!


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    Default Re: Bank Of Scotland Business Account

    Hi, Samson.

    The next letter to send is this one.......

    [your address]



    [their address]


    letter before actionicon

    Dear Sir/Madam,

    ACCOUNT NUMBER: xxxxxxxxx

    I now understand that the regime of fees which you have been applying to my business account in relation to direct debiticon refusals, exceeding overdrafticon limits and so forth are unlawful at Common Law.

    I would draw your attention to the terms of the contract which you agreed to at the time that I opened my account. It is an implied term of that contract that you would conduct yourselves lawfully and in a manner which complies with UK law.

    I am frankly shocked that you have operated the account in this way as I had always reposed confidence in your integrity and expertise as my fiduciary.

    I calculate that you have taken £XXXXX

    I require repayment of this money. If you do not return it to me in full within 14 days, I shall begin a claim against you for the full amount plus interest, plus my costs, without further notice.





    Yours faithfully,





    [name]


    If they do not reply within the 14 days, take them to court.

    After the 14 days come back and tell us what the score is.

    Regards.

    Scott.

    Any advice I give is honest and in good faith.
    If in doubt, you should seek the opinion of a Qualified Professional.

    If you can, please donate to this site.
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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE