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New to the forum but just wanted to put forward my tale. I run a small business in gents clothing and as many do with a startup I have struggled along for 2 years trying to make ends meet. After all their initial promises of support and business managers on hand and so on and so forth I now find myself in serious financial difficulties. I have applied for loans through the bank but ended up having to go through seperate brokers, I applied for overdraft extensions which are then refused due to the condition of the account and so you find yourself stuck in a rut.
I have creditors who I have to repay and so after speeaking to them I set up repayment schemes over a period of time. All fine and dandy but also dependent on sales. I explained this to the bank and asked for some flexibility.........and got none. So everytime I now have a standing order or direct debit not clearing, or a cheque that bounces, I incur up to £140 a day in charges, so making my position even more difficult, leaving me feel as if my life is in a permanent treadmill of charges and debt. There does not seem to be an escape, there does not seem to be an answer and my business is going down the swanny.
Do I have a case to chase up all these charges even though they are of my making? It could end up as quite a large amount.
Went through the FAQ and thought "there must be a loophole I'm missing?" but if that is the way then that is fine by me. Going to get the ball rolling today and go from there. It will be nice for them to pay off the overdraft they would not extend for me!
Initial process is under way. I would like to know if there is any purpose to sending an informal email to somebody like Margaret King, stating that I will pursue the case unles they look into and rectify my account.
Couild it work against me if we do end up in court?
Ok, I knew things were bad but having gone through the online statements since January, I have been charged £5000 in 4 months. This is just the start from the payment plans I have set up with a variety of companies who I owe to, where missed payments have compounded the problem. I could have cleared my debts with the charges alone.
The charges are unlawful, we know it, the law knows it and we can suppose the banks know it - hence they pay up rather than test their resolve in court.
I would send them the letter in the library as soon as possible - give them the 14 days to give the cash back - then when they don't start proceedings - you'll soon get it back then.
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
Well, that depends. Have they got your DPA request?
If so, then it might be worth waiting - the only thing is of course that your claim is going to be for over 5k - which means that in the unlikely event that you were to go to court and lose, you wouldn't be protected from their legal costs.
I usually advice people to break it into 2 or 3 claims - one for DD's, one for cheques and one for SO's.
However, if you've been regularly charged over a grand a month - then this isn't going to help much, so you may as well go for the 5k and then go back for more.
I'm not too sure about this one - how much do you estimate they have taken over the 6 year period?
Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
I have only been trading for 3 years and the difficulties only really came about in the last 15 months, so that is what I am really interested in. Going on these figures I would say I will be looking at about 14K as it has been slowly escalating. It is the worst it has ever been currently so the further I look back the monthly charges will reduce.
£15K takes you very seriusly out of the Small Calims track. I would recommend that you sever the claim
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Yes, I think that you will have to. Try £4,500 for the first and see how it goes. Do them completely separately one after another. Otherwise the bank may try to consolidate the claim.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Hi there, Hope this goes well for you, strangly I too owned a small gents clothing company and a RBS account, I too found them incredibly unhelpful and various cashflow and bank problems eventually caused me to call it a day. Who knows how much my company was charged by the bank - just wish i had found this website earlier. Keep us posted.
You may well find that if you break the amounts up to keep them in small claims RBS will get the message and do a deal to get rid of the whole thing. I must say though, £15k in three years is a hell of a lot of charges! I think it's important that you pick your moves very carefully, and don't agree to anything they propose without thinking long and hard.
Do you have an overdraft or loans which exceed the amount of the charges? If so, then you need to be ready for the fact that they will almost certainly terminate your account if they're forced to hand back that much dosh.
It's not clear from your posts which part of the country you're from. If you're in Scotland, the small claims limit is £750, not £5k.
Robertxc v. Abbey- £3300 Settled in full Robertxc v. Clydesdale- £750 Settled in full Nationwide v. Robertxc- £2000 overdraft wiped out, Default removed by order of the sheriff Robertxc v. Style Card- Default removed by order of the sheriff Robertxc v. Abbey (1)- Data Protection Act action. £750 compensation Robertxc v. Abbey (2)- Data Protection Act action. £2000 compensation, default removed
The opinions on this post are those of Robertxc and not necessarily the opinions of the group and do not constitute sound legal advice. You are advised to seek professional legal advice.
What is the status over business cheques? Once bounced and then represented can the same charge be applied time and time again? If the bank continues to represent then they can just have field day with the charges surely?
Tedblue V RBS
extensions which are then refused due to the condition of the account and so you find yourself stuck in a rut.
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