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.
Hi can anyone help please... I ran a ltd company for eighteen years, unfortunately it went under being owed 148k as i could not get the money from those debtors. This is were it gets interesting, the bank had personal gtees on the overdraft and chased me privately for the debt. I argued that i wanted to see the charges incurred and subsequently recieved 1years bank statments which detailed a total of 8k in charges, nearly the full amount outstanding on the overdraft. I sent a letter demanding the six years charges agreeing to cover the £5 stat fee but recieved a response stating that that does not cover this case as it is a business account. They want £2.5k to release the statements going back the six years that i requested. How can they chase me privately but claim that its a business and doesnt qualify for the data protection £5 fee? still tempted though as if the company paid nearly 8k in one year how much did it pay over six?
Secondly, do you have it in writing from them that business accounts are not covered? What exactly does it say?
The UTCCR does not cover business accounts, but common law does. Penalty charges are against the law no matter who imposes them on who, so they are lying. If you have it in writing, you can use it against them in court.
Also, the £10 statutory fee covers all data for whichever type of account. Again, if you have in writing that it will be £2.5k for statements, use that against them in court. That could actually be a criminal offence!
Hi thanks for the response.. Yes i received a letter from them stating that the £5/10 that was offered would not be applicable as the account was comercial and that the fee offered by me was not relevent as commercial accounts are not covered under the data protection act. I have the letter at home and the above is not word for word. However the meaning is accurate, it continues requesting a payment of £2.5k for the statments covering that period which i think worked out at £5 a sheet - possibly were i got the £5 stat fee from.
Mmmm Star thats not a great help, i know the data protection covers individuals but are the bank correct in requesting £5 a statement as the act covers individuals not companies.... i am an individual that they are chasing but in regards to a ltd account? They are already at fault for increasing the balance with charges after the date the liquidator took control and they were advised. Thats another thing the liquidator won't go for the charges as they get work from banks and wont upset them!!
i know the data protection covers individuals but are the bank correct in requesting £5 a statement as the act covers individuals not companies.... i am an individual that they are chasing but in regards to a ltd account?
And you are not asking for data on yourself, but on a Ltd company, and as such the DPA doesn't apply.
The bank can charge what they like for providing statements. It's classified as a service.
As a business you would have been required to keep bank statements for accounting/tax purposes. Do you not have access to those?
Reclaim commercial bank charges
and chased me privately for the debt. I argued that i wanted to see the charges incurred and subsequently recieved 1years bank statments which detailed a total of 8k in charges, nearly the full amount outstanding on the overdraft. I sent a letter demanding the six years charges agreeing to cover the £5 stat fee but recieved a response stating that that does not cover this case as it is a business account. They want £2.5k to release the statements going back the six years that i requested. How can they chase me privately but claim that its a business and doesnt qualify for the data protection £5 fee? still tempted though as if the company paid nearly 8k in one year how much did it pay over six?
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Originally Posted by WILTEDELF
