Thread: Business action- please help!I am stuck!!!!

I have done a business action letter on bahalf of my boyfriends business account with the HSBC. I did word for word from the letter template as I am aware it is a bit different to individual actions and is not covered under the 1999 consumer regulations. Here is my letter and their reply:
MY LETTER:
"I now understand that the regime of fees which you have been applying to my business account in relation to direct debit refusals, exceeding overdraft limits and so forth are unlawful at Common Law and contrary to Statute.

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 £1634.00 from my account since October 2003.


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."

THEY REPLIED WITH THIS:

"Thank you for your letter................ect .
The bank does not agree with your contention that the charges which have been applied to your account are disproportionate and are therefore unrecoverable.
The unfair Terms in Consumer Contracts Regulations 1999 do not apply to business customers as they are not consumers for the purposes of those regulations. The contract between the bank and its customer is governed by our Business Banking terms and conditions. In respect of overdrafts I would refer you specifically to Clause 8. our fees and charges stated in our published price list and the circumstances in which these charges apply are clearly set out in our terms and conditions. We are therefore unable to agree to your request. If you wish to escalate your concerns to the next stage you can write to blah blah blah.............


Since I have not cited 1999 consumer Contract Regulations in my original letter what on earth are they going on about, and what is the next step here? I really need some advice or help - it would be greatly appreciated, many thanks yous!!!!


Cath

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its a standard fob off letter. we have all had one just stick to your timetabel stated in your letter

PS Don't forget to read this regarding how to deal with your refunds once you get them (and you will get them)

thats great, many thanks.It was the prelim letter- I'm ok with the main stuff and my action as I've read up a lot on it - it was just with them stating that it doesn't apply to business customers that I thought aaarrrggghhh!! I've messed up somewhere!!!

many thanks and I'll let you know how I get on.