I have just introduced myself, in the welcome part of the forum. I began two claims this week. First was Subject Access Request for my personal account and then felt brave and decided to initiate the process on my business account too. In spit of reading and loads of threads and pages, I think I made a mistake on the business side... I already had all the statements so just went through highlighting the unlawful charges in pink and then the interest on the unauthorised overdraft in yellow. I then totted them up and filled in the xxx bits on the library letter (business version) giving them 14 days etc. I don't rememberreading anything about 'prelim' letters and terrified that I have shot myself in the foot.. If anyone can offer any advice, I'd be really grateful. Many thanks..

Rebecca,

you haven't made that big a mistake, however, in the eye's of the courts you should give them adequate time to answer. No doubt they will come back with a standard letter on or around the 14 day mark, I would be tempted to send the LBA letter again giving them 14 further days before going for the jugular. You can't go back on this now, but you just need to make sure the Bank takes you seriously.

As I live in a small town and the bank staff know exactly who I am and what I'm like, so there is no doubt that they will take me seriously.. once I get my teeth into something I am the proverbial dog with a bone:D Just wish I could have been a fly on the wall when they read the letter.. hee hee:p Please don't desert me on here though.. I really need your moral support and advice..

I've just opened the post and have a letter from RBS re: my business account. It is the "we believe our charges are fair, reasonable and transparent" one but then at the bottom it says "we confirm that the recent media coverage relating to the office of fair trading charges does not apply to business accounts"

Shall I just sit tight, or shall respond? Any help would be really appreciated. Many thanks, Rebecca

Hiya!

I'd respond with a second letter giving them 14 days before court proceedings!

Good luck xx

Does the bit about OFT not applying stand?

The OFT ruling related to credit card fees, they're just trying to fob you off, you're not claiming because of the OFTs ruling you're claiming beacuse the charges are unlawful!

The whole OFT thing is a red herring and it is safe to ignore it in relation to your claim for unlawful charges. Do not let them fob you off with this.

Stick to your timetable and issue the claim at the expiry of your deadline.

I have just drafted the following letter to RBS. In view of the fact that i didn'tsend a prelim letter (just used library business version) do you think I should give them the extended deadline (28 days in all), or should I just proceed to file my claim on 25th July (14 days after first LBA). I won't post the second letter until I hear back, so I'd be grateful for anyone's input and thanks for everything to date!

LETTER BEFORE ACTION

Dear Sir/Madam,

ACCOUNT NUMBER: XXXXXX t/a xxxxxxxxx

Thank you for acknowledging my letter of 11th July, informing you of my intention to take court action.

As a gesture of goodwill on my part, I will extent the period which I am prepared to wait until initiating court action until 8th August. On that date, if I have not received a repayment in full as outlined in my previous letter, I shall commence proceedings forthwith. I enclose a copy of my previous letter for your reference.

It may also be prudent to mention that I am not claiming because of the Office of Fair Trading ruling, I am claiming because the charges are unlawful. Yours....

I'm desparate not to get things wrong.. please can anybody advise re last posting? Thanks, R

Hi Shopaholic,

Just keep to your original timetable, I have done this and things are moving lots faster....

You will get many letters from different offices, I have had two from a lady in Glasgow collections centre offering me a quarter of what is owed, which I have turned down, then I have recieved another letter from the customer relations unit offering the same amount...

and all the time i'm keeping to the timetable I have set

So, go to moneyclaim.gov on 25th July without sending any further correspondence?

Hi Rebecca,

They reccomend giving 28 days on this site as that is seen to be a reasonable attempt to settle out of court, the letter sounds fine I'd just send that!

Stacy

It is true that the OFT rport does not apply to business accounts as it was an investigation conducted under the Unfair terms in Consumer Contract regs 1999 which do not apply to business accounts. If you had read the material thoroughly you would have found this out.

However, the principles of the OFT report do apply as they merely reinforce the common law and this does appy to all contracts - business or consumer. Furthermore, it can be said that the prinipcles contained within the UTCCR also apply to business contracts because they can be said to reinforce the common law.

So just tell the bank that you are relying on basic common law principles and that you will be carrying on.

Now please will you read the announcement which appears at the top of every forum headed

It applies to you and to everyone else who didn't know the answer.

the material is all here. there are very few questions which haven't been answered.

it only takes an investment of time.

Sorry if you find this post brusque.

We really are on your side so I hope that you won't get the hump!!

Point taken, Bankfodder. I know how busy you must be and what a pain in the a***e people like me are. I promise, I haven't undertaken this claim lightly and I'm reading as many threads and cases as I can take in, including FAQs etc.. I have found it ok to navigate the claim for personal account charges but the business route still seems ambiguous. However, I have now re-drafted the letter thus:

"Thank you for acknowledging my letter of 11th July, informing you of my intention to take court action.

As a gesture of goodwill on my part, I will extend the period which I am prepared to wait until initiating court action until 8th August. On that date, if I have not received a repayment in full as outlined in my previous letter, I shall commence proceedings forthwith. I enclose a copy of my previous letter for your reference.

It may also be prudent to mention that I am aware that the Office of Fair Trading ruling, did not apply to business accounts. The principles, however, of the OFT report do apply as they merely reinforce the common law and this applies to all contracts - business or consumer. Furthermore, it can be said that the principles contained within the Unfair Terms in Consumer Contract Regulations 1999 also apply to business contracts because they can be said to reinforce the common law."

Is that better, please?

Can somebody say whether or not the letter above will be suitable, please?

I think you'll get a response. Don't worry about branch staff, am part of same group so I kinda know the score. The branch may deal with the initial letter but this letter will be dealt with by a different department that deals with OFT and unfair charges. You'll get the charges back

Thanks for that, I shall deliver the letter in the morning by hand and get a receipt.

I have come to the conclusion that I will definitely have moved before all this stuff is over and I did discuss it with my solicitor before I launched my attack. However, I am wondering:

a) if I can continue to take action from a country outside the EU via this site

b) If the case goes to court and I win (which I will) will the Bank be liable for my expenses travelling back to U.K. to attend?

c) If you were me, would you hand over to a solicitor and, if so, can I claim their costs back too?

Any advice you can give will be much appreciated. Many thanks, Rebecca

I have come to the conclusion that I will definitely have moved before all this stuff is over and I did discuss it with my solicitor before I launched my attack. However, I am wondering:

 

a) if I can continue to take action from a country outside the EU via this site

 

b) If the case goes to court and I win (which I will) will the Bank be liable for my expenses travelling back to U.K. to attend?

 

c) If you were me, would you hand over to a solicitor and, if so, can I claim their costs back too?

 

Any advice you can give will be much appreciated. Many thanks, Rebecca

Hello? Anyone out there know the answer please?

I have come to the conclusion that I will definitely have moved before all this stuff is over and I did discuss it with my solicitor before I launched my attack. However, I am wondering:

 

a) if I can continue to take action from a country outside the EU via this site

 

b) If the case goes to court and I win (which I will) will the Bank be liable for my expenses travelling back to U.K. to attend?

 

c) If you were me, would you hand over to a solicitor and, if so, can I claim their costs back too?

 

Any advice you can give will be much appreciated. Many thanks, Rebecca

My faith is fading ... please can anyone advise

I dont know the answer to a + b but as a small claims court claim (I take it it is)

you do not get expenses. at least that is my understanding so c is out (i think)

Any expenses you'll have to bear

there are however loads of vultures out there just waiting to get a piece of the action for a fee I wouldnt be bothered with them though. I saw one wanting 33.3% of the claim. another wanted a fixed fee. its your call, your money, your decision

Dave

Thanks, Dave, I really appreciate your help....

In today's post I received the following letter:

"XXXXX at our xxxxx branch has passed me details of your complaint to investigate.

I can confirm that the charges applied to your account are correct and in acordance with our published tariff. It is your responsiblity to ensure that there is sufficient cleared money in your account to meet all items that are presented for payment.

We believe that our charges are fair, reasonable and trasparent. We consider that the amounts debited to your account have been applied strictly in accordance with your agreement with us and our published tariff which we are satisfied complies with all applicable laws and regulations. We are also committed to ensuring the transparency of the information that we give to our customers about the operation of our products.

The OFT is presently in contact with us with seven other major credit card companies to discuss the level of charges on credit cards. It is important that I emphasise these discussions are limited to charges to credit cards only.

Consequently, against the background I must differ with your views and I will not be refunding any of the charges applied to your bank account.

I trust this clarifies matters.

Yours sincerely"

The date by which I requested charges to be refunded is 8th August. Shall I just submit a claim then and not bother responding, or should I respond saying that I will take court action as previously advised, please??? I appreciate your help - many thanks.

I'd take that as their final response and take the next step.