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

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  1. #1
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    Default Sage Business Charges Reclaim - **WON**

    New thread for a new claim!

    Finally spoke to Margaret at NW to ask why I havnt received a complete set of business statements as requested on June 14th!

    I received four pages from 2004 but nothing else. Margaret agreed to send the complete set within 5-10 days.

    I sent off a DPA for this on 7th June but NW stopped the cheque and charged me £5 instead, when I phoned them to chase personal/cc and biz. In my opinion the SARicon request would still be valid though. So as things stand they are very much in breach of the DPA.

    However, I am going to try a slightly different tack with this claim, so unless statements DONT arrrive I shall not pursue DPA non compliance at this stage.

    I am going to try and request NW supply me with invoices for these 'Service Charges', I am also going to point out that as I have claimed (soon to be successfully) on my personal account, if I am refunded theses charges in the future then this creates a 'tax situation'. At the moment as far as I'm aware, bank charges are deducted from my tax burden. No invoices are provided, so how does one justify them to the tax man? If they are refunded, I will possibly have to pay some tax?

    Anyway comments and support always appreciated.



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  2. #2
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    Default Re: Sage Business Charges Reclaim

    Hmmmmmmm........

    Today received 7 pages from 2006, presumably to add to the 5 pages from 2004 (received june).

    So far out of 43 statement pages, I am missing 31!

    Not too good. May have to pursue DPA if they keep this up.:grin:


  3. #3
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    Default Re: Sage Business Charges Reclaim

    Just spoke to Sufyaan at NW who was really helpful and polite. Mystified at non arrival of statements and has reordered them again.....
    fingers crossed they will arrive soon but in the meantime i'm off to brush up on DPA non compliance. 5 months of waiting is slightly more than the 40 day limit! That much i do know:grin:


  4. #4
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    Default Re: Sage Business Charges Reclaim

    Hi Kate,
    I've banked my NW cheque from Cobbetts for my personal a/c which arrived this morning, and am thinking about doing a small claimicon for a business we had a couple of years ago. I've got all of my statements, but do you know if the wording is any different in the approach letters for a business account?
    ps NW credit cards also caved in this morning to my requests....perhaps a trend is emerging here !!!

    M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

    Outstanding
    Halifax initial 11/10 acknowledged 19/10 LBA 25/10
    LTSB initial 12/10 LBA 26/10
    Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12
    Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12
    NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1
    NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!
    HSBC c/a AQ returned 17/2
    HSBC bus' a/c MCOL 17/2

  5. #5
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    Default Re: Sage Business Charges Reclaim

    hi shelty..great minds eh!? i banked my personal cheque yesterday!

    there are some differences, mainly we cannot refer to Consumer legislation in our letters, because we are not consumers, we are businesses!

    there are letters for this in templates. i'm off to have a better read. keep me posted of your progress.


  6. #6
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    Default Re: Sage Business Charges Reclaim

    Hi Kate, did you manage to find a template for an initial letter for your business a/c, I can only find a lbaicon template?

    M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

    Outstanding
    Halifax initial 11/10 acknowledged 19/10 LBA 25/10
    LTSB initial 12/10 LBA 26/10
    Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12
    Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12
    NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1
    NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!
    HSBC c/a AQ returned 17/2
    HSBC bus' a/c MCOL 17/2

  7. #7
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    Default Re: Sage Business Charges Reclaim

    Hi Shelty

    I will probably just amend the template lbaicon and send it as a prelim, shouldn't be too tricky. Are you at that stage?
    I wish I was..............if only they would send the statements! well they have one more week before I take it further

    Congratulations on your win btw


  8. #8
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    Default Re: Sage Business Charges Reclaim

    I've managed to work out my charges from the statements, although I came across one which read "Arrangement fee" £85....no idea what that was for ?
    The rest are all marked as "Referral fee"/"Chq return fee" & "unpaid items" so I'm assuming that they're ok ? What do you think ?

    M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

    Outstanding
    Halifax initial 11/10 acknowledged 19/10 LBA 25/10
    LTSB initial 12/10 LBA 26/10
    Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12
    Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12
    NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1
    NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!
    HSBC c/a AQ returned 17/2
    HSBC bus' a/c MCOL 17/2

  9. #9
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    Default Re: Sage Business Charges Reclaim

    Arrangement fees are for 'arranging' overdrafts. you lucky blighter, my last arrangement fee was £125.

    As this is for a service (admittedly expensive:grin: ) it is not reclaimable because it did not come about due to any contractual breaches.

    On second thoughts regarding the prelim letter. I just re-read the consumer version and it would work fine as long as any mention of 'Consumer' is removed, ie recent legislation and findings by the OFT.

    Thankfully the main basis of our reclaiming these charges is not the April 06 OFT findings but due to the banks flagrant breach of Contract Law, ie charging 'penalties' for our 'breaches', so we are not relying on the recent OFT rulings to guide us home.

    keep me posted;-)


  10. #10
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    Default Re: Sage Business Charges Reclaim

    Hooray....finally!

    Statements arrived this morning. Charges total £855. Bizarrely only £70 of that constituted rejected DDs, the rest is made up of Referral fees.

    off to write that prelim


  11. #11
    Scarletrose
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    Default Re: Sage Business Charges Reclaim

    Hi Kate

    you go girl, hit 'em where it hurts, unbelievable that the referral fees made up most of that total, but thats snatchwest for ya.

    just been rading thru the 'wot r u like ' thread in bear garden fantastic aint it, consideing posting myself however i live under police protaction so i dunno if a good idea.

    scarlet


  12. #12
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    Default Re: Sage Business Charges Reclaim

    Quote Originally Posted by Scarletrose View Post
    Hi Kate

    you go girl, hit 'em where it hurts, unbelievable that the referral fees made up most of that total, but thats snatchwest for ya.

    just been rading thru the 'wot r u like ' thread in bear garden fantastic aint it, consideing posting myself however i live under police protaction so i dunno if a good idea.

    scarlet
    PMSL! You go girl too! tell us all about it!


  13. #13
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    Default Re: Sage Business Charges Reclaim

    Hi Kate, have you managed to get a response from NW yet ? It's 2 weeks tomorrow since I wrote to the gut who was my Business Mngr & not a dicky back !

    M-Stanley, Marbles , Barclaycard,Cap 1, NW CC's x 3, NWest, MBNA , HSBC CC ALL WON

    Outstanding
    Halifax initial 11/10 acknowledged 19/10 LBA 25/10
    LTSB initial 12/10 LBA 26/10
    Barclays initial 3/10,response 9/10 LBA 17/10,MCOL 1/11, defence &AQ 10/12
    Bof Ireland mort' S.A.R 16/10, initial 23/11, LBA 7/12,MCOL 23/12
    NatWest home loans S.A.R sent 23/10,Initial 16/12, LBA 6/1
    NatWest business a/c initial 9/11, LBA 25/11, MCOL 9/12, AQ 20/1,cheque recieved 17/2 but had to send it back !!
    HSBC c/a AQ returned 17/2
    HSBC bus' a/c MCOL 17/2

  14. #14
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    Default Re: Sage Business Charges Reclaim

    Good luck Kate. I am also claiming for charges on my business account, fortunately I have all of the statements and so have sent prelim and lbaicon. Their reply is basically saying there are different terms and conditions for business accounts and therefore we cannot claim. Ha - they're having a laugh. However I didn't know what referral fees were and so I haven't included them in my schedule so will go throu my statements again and add them fees in also. BTW got back charges from Natwest personal account and credit card so am hoping I can use that as leverage to get them to cough up a bit earlier - not holding my breath though as this business one is a much larger claim and I am hoping to get contractual interesticon also.

    Jax

    Marbles/HSBC - SETTLED IN FULL
    Beneficial/HSBC - SETTLED IN FULL 01/08/2006
    NatWest Cr Cd - SETTLED IN FULL in respect of default judgement obtained 06/09/06
    Natwest -
    SETTLED IN FULL 20/10/06
    Abbey T/A Business Account - SETTLED IN FULL 07/03/2006 :grin:
    Abbey Current Account - SETTLED IN FULL 16/03/2006 :grin:
    Citi - SETTLED IN FULL 17/05/2007
    Natwest Business Account - On going

  15. #15
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    Default Re: Sage Business Charges Reclaim

    Hi Jax and Shelty

    I only got round to sending off my prelim on the 24th so they've got till 7th December to reply. Like you Jax Ive just reclaimed charges from my personal account but somehow I doubt that will act as much leverage.

    Good luck to you both and keep me posted of your progress.


  16. #16
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    Default Re: Sage Business Charges Reclaim

    Well I still haven't heard anything back at all from Natwesticon, they have till thursday. In the meantime I am going to prepare the lbaicon ready for posting.


  17. #17
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    Default Re: VICTORY!!!!

    Well, ignore the above.........!

    Just got back to find letter from Natwesticon......

    offering full refund of all charges!!!!!


    Yeeeeaaaaaaaahhhhhhhh!

    That was short but sweet.

    VICTORY!


  18. #18
    Scarletrose
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    Default Re: Sage Business Charges Reclaim

    Congratulations Kate,
    i'm so pleased for you another victory well done!!!!!

    from Scarlet


  19. #19
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    Default Re: Sage Business Charges Reclaim

    That's fantastic news Kate. Well done. Wish they were that accomodating to me.

    Jax

    Marbles/HSBC - SETTLED IN FULL
    Beneficial/HSBC - SETTLED IN FULL 01/08/2006
    NatWest Cr Cd - SETTLED IN FULL in respect of default judgement obtained 06/09/06
    Natwest -
    SETTLED IN FULL 20/10/06
    Abbey T/A Business Account - SETTLED IN FULL 07/03/2006 :grin:
    Abbey Current Account - SETTLED IN FULL 16/03/2006 :grin:
    Citi - SETTLED IN FULL 17/05/2007
    Natwest Business Account - On going

  20. #20
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    Talking Re: Sage Business Charges Reclaim

    Well done Kate, keep on inspiring! Does this mean they are caving in do you think? Im just about to send prelim. on my business account, maybe I should just go in there and ask for the money they have taken !!

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