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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claiming on a Business account? Lets join forces?


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Just thought it might be important for anyone claiming against a business account to be aware that there are some subtle but VERY important differences in regards how to go about this.

I hope this thread can be a valuable source for those doing so, to exchange information, ideas and methods.

Any takers?

PLEASE, Business account claimants or those that know about business claims ONLY !

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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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excellent ideaphotoman

this thread will be invaluable when it gets up and running, providing it is used solely as intended--so many threads go of track after a while, and you end up spending all night reading through pages of somebodys personal problems, when all you want is that special bit of info that you cant find anywhere

i have one Ltd business claim -charges and CI -- awaiting court date, i would like to discuss this at a later date in some detail

a second claim as a sole trader with CI, i could do with some advice with over the weekend, just need to see whats in the post today, and will then post here later

off towork now

back later

 

Bobandsue

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:-( Hi everyone.

I am having a nightmare with our business account and need some advice.

Over the past 2 years we have been charged £2,500k in fees. (we are a limited company). We also have a joint a/c with this bank, so I was holding off claiming as I heard that banks were closing accounts down and with our current credit history, we cannot get another business account. Anyway we have a new bank manager & last week he rang me to say the overdraft (of 3k) was due to expire this week, and he wanted us to 'chip' away at the overdraft so that eventually we didn't have one. I explained that we had a new accountant and I would get him copies of the books in the next few weeks. At no point did he say that he would be withdrawing the overdraft facility. Then yesterday we received a letter stating our overdraft had now been withdrawn. To top if off, we got a loan with very high interest to put a cash injection of £4k into the account. I transfered this on Tuesday, but now we have no overdraft, the has been swallowed up and now we are no better off than we were before - I feel physically sick. If he had told me last week he was withdrawing the 3k then I wouldn't have paid the loan money into the account.

 

So, my point is, do I try to claim for the charges as I now feel that even if he closed our account, we would be no worse off. Also, how do I work out how much interest we have been charged.

 

Any help would be much appreciated.

 

Thanks:-(

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:-( Hi everyone.

I am having a nightmare with our business account and need some advice.

Over the past 2 years we have been charged £2,500k in fees. (we are a limited company). We also have a joint a/c with this bank, so I was holding off claiming as I heard that banks were closing accounts down and with our current credit history, we cannot get another business account. Anyway we have a new bank manager & last week he rang me to say the overdraft (of 3k) was due to expire this week, and he wanted us to 'chip' away at the overdraft so that eventually we didn't have one. I explained that we had a new accountant and I would get him copies of the books in the next few weeks. At no point did he say that he would be withdrawing the overdraft facility. Then yesterday we received a letter stating our overdraft had now been withdrawn. To top if off, we got a loan with very high interest to put a cash injection of £4k into the account. I transfered this on Tuesday, but now we have no overdraft, the has been swallowed up and now we are no better off than we were before - I feel physically sick. If he had told me last week he was withdrawing the 3k then I wouldn't have paid the loan money into the account.

 

So, my point is, do I try to claim for the charges as I now feel that even if he closed our account, we would be no worse off. Also, how do I work out how much interest we have been charged.

 

Any help would be much appreciated.

 

Thanks:-(

 

Same old story that many of us have been force d to deal with. I too ended up borrowing elsewhere in order to try to input money into the business,and it just ended up clearing an overdraft (the cause of which I now know was based upon unlawful charges).

I would certainly claim your charges if I was you.

Sounds like as your overdraft facility has been withdrawn you have no benefit in remaing with your current bank at present.

Firstly open a "paracute account". Even the most basic of accounts will do. Transfer all your Business bankings there. Then start your claim.

Regards working out how much interst you have been charged, there are some excellent spreadsheets available here that will do that for you.

Having tried a couple I would reccomend Mindzai & Lucids.

 

http://www.zen122856.zen.co.uk/CompoundSheet_v1.9.xls

 

It's very user friendly, and there are lots of bits of advice on how to use on their thread ifyou get stuck (they are also very helpful if you REALLY get stuck and PM them for advice).

 

Regards the letters you send, there are some excellent templates around that you can use.

 

This brings me to the core reason for this thread:

 

IT IS VERY IMPORTANT TO MAKE SURE THAT YOU USE TEMPLATES THAT ARE DESIGNED FOR BUSINESS USE.

 

On that note, this is some of the rudimentary diffrences I am aware of, and would appreciate input from others.

 

1/ We cannot make references to UTCCR (Unfair Terms in Consumer Contracts Regulations).

2/ We can still refer to SOG (Sale of Goods act)

3/ We can still rely on Common and Statute law.

4/ We need to check what the applicable interest rates are regards our accounts, as often they are diffrent to the rates on Pesonal accounts.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Incidentally, I just wanted to point out to all here.

Even though I started this thread, it does not necessarily mean that I am any more knowledgable than others here.

I am not a Moderator or Site Helper, and any knowldege or opinions I may post are based upon my own experiences and research.

I would advise, that along with anything else you read around here that you do your own research before acting upon it.

Also regards PM's.

I would suggest that unless something really is private, we try to post any questions we may have of each other rather thanusing Pm's.

  • Haha 1

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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hi tiopsy,

Having tried a couple I would reccomend Mindzai & Lucids.

i completely agree, these spredys are excellent, with lots of idiot proof instructions [ even i could understand them]

 

some time ago, we were really strapped for cash, so we applied for a short term business development loan for a new computer system:D ,which we suprisingly got, the beauty of that was that the repayments were pre-determined, and it put the account in the black, so stopping the penalties, which were dragging us down, and therefore the money we were saving went to pay the loan off

Bobandsue

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Just subscribing to this thread, I will shortly be starting a claim for a friends business account which was closed last year by RBS. I'm at the point where I have added up the charges alone to over £14k. I haven't done a business claim before so will be looking here for all the help I can get.

First Direct ** WON ** :p

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Thanks photoman

Latest update is my husband has spoken to the bank manager and he has agreed to re-instate the overdraft - for a charge of £100.00! Another dirty trick from the bank. I am going to make sure the account stays in credit for 3 months, then I'm off... I will then be claiming every penny that they owe us, then some...

 

Good luck to everyone else

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I will monitor this thread, I have successfully claimed 4.5K from NatWest on a business account, and I am now claiming from Lloyds. I may be able to offer some advice. A parachute account is advisable.

My advice has hardly any legal foundation whatsoever, however you never know it it might just work!

:cool:

 

NatWest Prelim 07.10.206

LBA 21.10.2006

MCOL 30.10.2006

Acknowledgment of Service 06.11.2006

Offer of approx 50% £2200.00 22.11.2006

Full settlement £4500 received 03.01.2007

Smile settled in full

Barclaycard settled in full

RBS Worldwide settled in full

Lloyds TSB settled in full £750.00

Lloyds TSB settled in Full £275.00 11.04.2007

Lloyds TSB business account £1376.00 AQ filed

Lloyds TSB Business account settled in full 21.05.07

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ataction,

that sounds really good, us business chaps needd some dedicated help, especially with CI and 6+ year claims in my case, anyway

 

tiaposy, which bank are you with?

 

got my court date today on one claim, and on another one their 14 days are up

 

be back later looking for some help

 

Bobandsue

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Just seen the program on TV tonight - have been miffed with banks for a long time. Can't wait to get the letter off about my personal accounts - and it's even better knowing that i can also poss. claim back charges for business account.

 

I've not had many charges for my business account - but regularly paid for overdraft facility ... can i get this charge back?

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Just seen the program on TV tonight - have been miffed with banks for a long time. Can't wait to get the letter off about my personal accounts - and it's even better knowing that i can also poss. claim back charges for business account.

 

I've not had many charges for my business account - but regularly paid for overdraft facility ... can i get this charge back?

 

Afraid it looks like you can't reclaim arrangement fees or such for an overdraft facility (even though they are themselves excessive, and nobody really believes it really took very much of a managers time or consideration to arrange such) .

These are charges for the provision of a service, as oposed to a punitive charge for the refusal of a service, which is the whole basis in law for the actions we take.

However, if you were charged fess for "overdraft excess" or "unauthourised overdraft" or such (ie basically going over your limit without prior arrangement) then this can be claimed.

You can also claim any interest you were charged on the portion of any overdraft that was incurred as a result of such charges.

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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As for business accounts I had calculated my charges and there is

 

£330 from Natwest (2002-2003) (limited account)

£3000 + from Barclays (2003 - present day) (limited account)

£1000+ from Barclays (2001) (Business account sole trader)

 

Does anyone know where I can find a template letter for a Ltd account.

 

Thanks in advance

Danler

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As for business accounts I had calculated my charges and there is

 

£330 from Natwest (2002-2003) (limited account)

£3000 + from Barclays (2003 - present day) (limited account)

£1000+ from Barclays (2001) (Business account sole trader)

 

Does anyone know where I can find a template letter for a Ltd account.

 

Thanks in advance

Danler

What do you mean by Limited account?

Do you mean an account for a Limited Company?

If so, I'm not sure what the regulations are regards reclaiming charges for a Limited company. You can certainly claimfor a sole trader, and many have or are doing with sucess.

If it is a Limited company, then I suggest you send a PM to one of the Moderators or site helpers for help (one suggestion would be glenn uk, he seems to know a fair bit or could put you in touch with someone who knows)

Also, I would suggest you perhaps start you own thread with Limited company somewhere in the title to see if you get any advice.

Failing all that producing sufficient information, I would suggest you talk to a proffesional (a solicitor, Business advice bureau etc).

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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Hi Photoman

 

Yes i did mean an account for a Limited Company.

 

A while back someone did draft a letter for a Limited Company but I never saved it and I can't remember who posted it. I'll just have to keep looking.

I don't need to get copies of my statements as I have them all to hand and I am just awaiting for my accountant to return some. It's just the initial letter for a Ltd company I'm looking for.

 

Danler

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Hi all

Thanks for the link Photoman

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/68393-midland-business-acc-pre.html?highlight=midland

 

The above link is to the thread that i posted about my in-laws business that failed in 1990 due to massive bank charges amongst other things and if anyone could offer any advice it would be really appreciated.

 

 

The business was run as a partnership throughout the 1980's culminating in Bankruptcy in 1990.

 

My in-laws dont have any paperwork whatsoever, everything went to the OR.

 

I would imagine that everything is destroyed after a set time , if anyone knows of the timescale involved, could you please let me know ?

 

With regard to paying any money out to former creditors,wouldnt my in-laws be free of restrictions after 17 years ?

 

All assets at the time were taken ,including business property, family home and all vechiles,stock etc ?

 

I would be a little surprised if they would still have to pay out to former creditors after so long?

 

TBH , I dont have a lot of faith with regard to reclaiming on this for my in-laws, but if I could this would be a massive claim. Maybe the biggest ever.

 

They have nothing left to lose as you said Photoman.

 

Got to be worth a try ?

 

Hope xx

You need to read this if you have ever consolidated lending through your bank,

http://www.consumeractiongroup.co.uk/forum/general/49648-loans-pay-off-overdrafts.html

NatWest

S.A.R - (Subject Access Request) LETTER SENT15/12/06 - STATEMENTS RCD 22/12/06

PRE-LIM AND SOC SENT 11/01/07

FULL CLAIM OF £4093.04 INCLUDING CONTRACTUAL INT :)

JUST WAITING FOR STANDARD BOG OFF LETTER...:rolleyes:

LETTER FROM STUART HIGLEY TODAY 20TH JAN THANKING ME FOR MY LETTER AND ADVISING ME THAT THEY ARE CONSIDERING MY CLAIM.... YEAH, BET THEY ARE !!!:lol:

LBA SENT 29/01/07

 

**** G.W.G PAYMENT OFFER RECEIVED TODAY FOR £2160. THAT WILL DO NICELY AS PART PAYMENT MR HIGLEY !!!:D ****

 

 

 

 

 

Member of the official Bill-K appreciation thread cos he's just ape !! :D

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Business accounts have not been ignored on CAG in fact there are currently plans in place for a definitive section.

It is good to see input like this tho and all credit to Photoman.

As many know the main criteria which differs is that of the particulars of claim in that consumer laws are not relavant and also there are precadents for reference.

Additionally there are variants in charges between banks as descriptions and applications of them differ from one bank to another.

There is also the questions of sole traders partnerships and limited companies,however info on all these points is readily available.

A question that is often raised is the one whereby the banks encourage businesses to take out or offer loans to repay unlawful charges.

There is a case for claiming these back if there is good evidence that can be shown to support it.

Claims have already successfully been made.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Thanks for popping by Martin, your comments and input most welcome.

Just for the record, I hope nobody has thought I have tried to start some sort of "splinter group".

I know as you say, Business accounts are not ignored here, it's just that amongst all the many threads and posts, it's difficult for those looking for info more specific to Business accounts to do so, and to also be unwittingly misled by well intentioned advice on other threads.

Pleased to hear there are plans for a Business section. This will not only help those looking for such info to find it much easier, but will also prevent costly mistakes.

  • Haha 1

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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hi

i found Martins post really encouraging, i have had to struggle through, finding bits of info from all over the site, after many hours of searching

it is too late for me, as i am past AQ stage, but it will be invaluable to future business claimants, and they should show there appreciation for the new thread when it is available, by making a donation after their refund arrives

 

Bobandsue

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i have been trying to get coppies of statements i held with the bank of scotland from 1996 til 1999 in which they charged me a pretty penny in these charges, i unfortunatelly have lost the bank account stuff while moving house ( possibly thrown out) have tried asking the bank for copies but they claim to require the account number and sort code first to find the account, but i cannot remember these. even going to the bank which held the account proved fruitless, the claimed to not be able to find the account even with the account name, address, and postcode, sounds like they know what im upto as i have already claimed for my personnel account. can anyone help as to how i can get copies of my statements to my buisiness account, please please.

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