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Business Accounts in Scotland - Correct legislation
Does the Unfair Contract terms Act 1977 apply to reclaiming charges applied to a business bank account in Scotland ?
If not which is the correct legislation to go for the penalty charges.
The business account in question is for a "trading as" business and not a Ltd Co.
Re: Business Accounts in Scotland - Correct legislation
Hi, yes the Unfair Contract Terms 1977 does apply, thats the one of the one's I used when winning my claim against BOS back in October. Just sent my summary cause action today and have used it again.
Best wishes with your claim.
Scott.
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Re: Business Accounts in Scotland - Correct legislation
Hi all,
I noticed on one thread a chap had asked his bank to produce copies of signed loan agreements they have not been able to do so. The response was that if a bank cannot produce the signed copies of loan agreements the loan does not exist. My bank RBS have admitted that there are no copies of any of my "facilities" letters relating to increasing my overdraft.
Does this mean that the increases do not apply?
Can anyone answer?
Vicki
Re: Business Accounts in Scotland - Correct legislation
Originally Posted by maroondevo52
Hi, yes the Unfair Contract Terms 1977 does apply, thats the one of the one's I used when winning my claim against BOS back in October. Just sent my summary cause action today and have used it again.
Best wishes with your claim.
Scott.
Hi Scott
Just received a letter from Bank of Scotland telling me that I am unable to claim due to the fact that the Unfair Terms of Consumer Contracts Act doesn't cover account as it is a business account. Do you know if this is true or is it just delaying tactics.
Re: Business Accounts in Scotland - Correct legislation
Why bother with the unfair terms of Consumer Contracts etc. Just go ahead with a summary case and don't mention what is not needed. I have done that and won have another case on the go and one for my son as well. KEEP IT SIMPLE IT WORKS.
Re: Business Accounts in Scotland - Correct legislation
Hi, Dylanniamh.
With both my Court cases against HBOS on my Business Account, I used the terms.........the Unfair Terms in Consumer Regulations(1999) and the Unfair Contract Term Act(1997). I won both cases, one small claim and one Summary Cause. I have been told not to use the one about Consumer Regulations but it worked for me twice ?
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.
Help keep it up and active, helping people like you.
If you no longer require help, please do what you can to help others
Re: Business Accounts in Scotland - Correct legislation
To Scott
Thanks for the advice. Cheque for £1790 from BOS on its way to my bank account. Had a lot of bother though. Claimed on Summary Cause the bank didn't show up in court therefore, I was awarded £1500 plus interest and expenses. Took out a decree and got Sheriff Officer to deliver to bank. 4 weeks later still no cheque so phoned them and on the third try said that I was about to send the sheriff officer out again next week but lo and behold first returned phone call was received yesterday requesting which bank account I would like the cheque to go to.
I would like to stress that the claim was from 1992 until 2002 and there was no mention of 5 year limit!!
Business Accounts in Scotland - Correct legislation
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Originally Posted by maroondevo52
That is great congratulations