Hi, Can anyone offer some help. I have a business account with the Bank of Scotland. The account went into arrears and an agreement was reached that once the arrears were made up the bank charges would be returned to me. The bank set up an account for my arrears and kept my normal account going along as usual. Now that the account is up to date they have said that the bank charges can not be returned after first stating that this would not be the case.

Do I have a leg to stand on, this is not a current account but a business account so does it make a difference?

hi samson

yes you can claim your charges back from a business account

here are the links for if you start a thread in the halifax forum you will get all the help and advice in there good luck

A guide to Business Claims

Sample letter to your bank - business version

http://www.consumeractiongroup.c o....bank-scotland/

Hi, Samson.

Take the good advice given by **Tilly**, read the links, then start the process. I have twice won claims on my Bank of Scotland Business Account. The first was a Small Claim, the second a Summary Cause. They paid the interest and court costs with both claims, although they waited untill my court papers were served on them before giving me my cash.

They are still due me about £5,000. I complained to the Financial Ombudsman Service, and they are taking up my case, although everthing is on hold at the moment, have a read of this........

http://www.consumeractiongroup.co.uk/forum/general/107550-oft-test-claim-what.html

Best wishes with your claim.

Regards.

Scott.

Thanks, for the reply. Due to the account going into arrears the bank started to charge interest at around 3.75%. No letters were sent to me by my relationship manager to inform me of this, therefore I'll be taking this up as well. They have sent to me two standard letters saying that they have recieved my first letter and are looking into it.

Hi, Samson.

If your relationship Manager is anything like mine, you'd be just as well banging your head of a brick wall. Mine was as much use to me, as a left-handed paint brush. I was sick to the back teeth arguing with the woman.

Take them all the road.

Best wishes.

Scott.

Scott, thanks for that I seem to have had the same problem. Have you reclaimed the money from the Bank of Scotland?

Hi, Samson.

Here's the three claims I've won.......

Bank of Scotland ( Business Account ) Small Claim.

Claim 1.£720 & £268.70 interest & £39 Court fee

Total: £1,027.70 Settled in Full.(October 2006)

Capital One Bank (Europe) plc Summary Cause Claim.

Charges: £832: Interest:£240.94: Costs: £39.

Total : £1,111,94: Settled in Full. (February 2007)

Bank of Scotland (Business Account) Summary Cause.

Claim 2. £945.00 & £106.60 interest and costs.

Total: £1,051.60. Settled in Full (April 2007)

Regards.

Scott.

Thanks Scott, it seems like they will have to pay up, did your case go to court, or did they pay up before without much of a fight.

With my first claim, their lawyer phoned me the day before my Return Date and offered me the lot. They then closed my account. My second claim, the Summary Cause, they totally ignored everthing I sent them, including my Court Return Date and Calling Date, I applied for my Decree and they put all the money into my 'closed account' I had to go into my local Branch to withdraw the money. They are still due me £5,000, FOS are dealing with it.(well until after the test case.

Regards.

Scott.

If you are claiming on business accounts my understanding is that the Unfair Terms in Consumer Contracts Regulations is not of any consequence to the basis of your claim so keep going.

I am about to send off a LBA for my business accounts.

I've had a letter today from the Bank Of Scotland and they are stating that they will not be able to pay back the charges after looking into the file. I will now be going to take it further, have you any suggestions for me. I'm not going to let them get away with this!

Hi, Samson.

The next letter to send is this one.......

[your address]

[their address]

LETTER BEFORE ACTION

Dear Sir/Madam,

ACCOUNT NUMBER: xxxxxxxxx

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.

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 £XXXXX

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.

Yours faithfully,

[name]

If they do not reply within the 14 days, take them to court.

After the 14 days come back and tell us what the score is.

Regards.

Scott.