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    • Hi, I am a local authority tenant and was in a 3 bed house. At the end of last year, my last child moved out and so did my spouse as we are now going through a divorce which meant that I was in the house alone and decided that I needed to downsize not only for myself but to offer the property to a family that needed it. I registered on the local authority housing bidding site as i was asked to do and I was accepted and given a priority banding as I was downsizing and they were desperate for my house. I have been extremely lucky and after about 6 weeks was accepted for a new build from a housing association via the housing gateway. I viewed the property 2 weeks ago and had to sign the tenancy last week when they were doing bulk signups for the houses and that is the day I moved. In between viewing and sign up, I contacted my current local authority landlord and asked how I give notice as I had been accepted for a property I had bid on and was moving.  The lady told me how to do it online and then said that I needed to give a full weeks notice which wasnt a problem as I had enough time.  (I was also told a weeks notice was what i would need to give by another staff member about a month ago when I phoned up for another housing related question.  I dont have any of this in writing.) I have now moved, handed back the keys and I am now being told that I need to give 4 weeks notice which I cannot afford. I hav e spoken to the council again explaining that I was told a week and that to be honest, if I knew they were going to charge me 4 weeks I would not have been able to move and would have stayed in the other house.  I thought I was doing the right thing. They said that calls are recorded and they asked me when I called in and was told a week and they would listen to the telephone conversation and if it was correct what I was told, they would see what they could do to reduce the notice period. They have now emailed me back and said that they have listened to the conversation and the lady said 4 weeks notice and I am liable for 4 weeks rent.  Now I may well of misheard her when I thought she said a full weeks notice she may have said 4 weeks notice but I am sure she said a full weeks notice and i was told a week by another member of staff a few weeks ago. I have emailed her back and said that I may of misheard but I would like to listen to the phone recording myself.  As yet they havent responded. I think its unreasonable for them to make me give 4 weeks when I had to sign the new tenancy with little notice or loose the property.  And it was all done through their gateway, and they will have a tenant in there pretty much straight away getting rent from them. I am on a very low income, I am on my own, I have serious medical issues and I am really getting myself stressed out over this. Any advice would be so appreciated.  Can I insist they let me listed to the recording? RH  
    • Susan Crichton is at the Inquiry today. She seems to have trouble remembering a lot of things but seems to find it easier if it's something that shows her in a good light.
    • Send them a letter of claim straightaway. No point hanging around. Given 14 days in the letter of claim and if they haven't paid you by then, issue the claim on day 15. The amount of time is more than adequate for them to get going. Post your draft letter of claim here. A look at. Then log onto the MoneyClaim website and start preparing your claim and post your particulars of claim here for us to have a look at. Don't bluff. No point in it.
    • That's what we thought, but the store manager is inferring that, as the jeweller we used was not a member of the NJA, no one  would give what he said, any credence. The Jeweller we used is in fact, a long established, well respected company, with 2 store and rather than just being a retailer, they craft the most exquisite jewellery inhouse!  I wish my Fiancé would have bought from them rather than H Samuel! Do you think we do need to get another report from and NJA accredited Jeweller ?
    • Really pleased that you won. UKPC know that you have supremacy of contract but still they persist because so many motorists blindly pay them.   Muppets.
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    • 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.

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Royal BOS Business account


vix2000
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Can charges be recovered from a business account or only a personal account please?

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First Direct 1 - settled

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Where can I get info on case law please? Has anyone got any experience of claiming charges from a business account before?

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Is this a timescale rule or due to statement availability? What if you have more than 6 years statements to hand? Thanks.

  • Confused 1

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The limitaton Act which is now linked in the Library provides that action in contract are barred after 6 years

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Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

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Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

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I can't imagine that it is any different from claiming any other charges - except that you have to rely o Common law and UCTA 1977 - and not the 199 regs.

See the business version of the letter in the library

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I can't imagine that it is any different from claiming any other charges - except that you have to rely o Common law and UCTA 1977 - and not the 199 regs.

See the business version of the letter in the library

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thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

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thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Does anyone have the address of RBS Head Office in Manchester, Please?

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First Direct 1 - settled

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Halifax - settled 31/5/6

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Does anyone have the address of RBS Head Office in Manchester, Please?

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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  • 2 months later...

Hi. Hope you don't mind me asking but is it normal for a RBS manager to keep emailing you throughout the claim process, please?

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There are numerous names/addresses on the sticky so I wondered where I should send my court papers to?

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Hi Vix,

 

I was advised in the 'Scotland' forum to serve court papers on my branch manager - I didn't use their name, just put 'Branch Manager, My Branch Name RBS etc' and that was accepted no problem.

 

I have had no communication from my branch whatsoever, my communication has either been from HQ at Edinburgh's Gyle or team (I think set up to deal with this stuff) in London, but was still advised to put branch name at top. If you are in Scotland, I think you have to put a Scottish address anyway (not the London one).

 

Good luck - keep us posted!

 

meagainstrbs

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i actually named my manager at the local branch....i was recommended to do this by the clerk at the sherriff court

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Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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thanks for the advice. will send to my branch. good luck to you both.

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Deadline today for RBS.

 

As its a business account I know the laws are different. I wondered if anyone could give me advice on what to put on the moneyclaim form, please?

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Anyone........... please?

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First Direct 1 - settled

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Vix, you aren't being ignored. It's very busy around here. I personally haven't had much experience with the Moneyclaim, but will find out what I can.

 

I've put your threads together so they show your whole RBS story, and I'll have a good read through. Please keep to one thread for your claim.

 

Others may answer you sooner.

Back soon... :)

[

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have spent hours searching but no relevant posts found.

 

What needs to be put different on the moneyclaim form for a business account as opposed to a personal account. In FAQ it says that different laws need to be cited, but I can't find which are the relevant ones.

 

Can anyone help, please?

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Have drafted this for the form. Can anyone tell me if its correct? Thanks.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment. I have asked the bank to justify their charges but they have declined to do so

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If you are claiming in respect of a business account then you will not be able to cite The Unfair Terms in Consumer Contracts Regulations as these apply only to consumer contracts.

 

However there is nothing to stop you referring to the OFT finding which was that bank charges are unfair in that they clearly exceed the administrative costs of the bank. The OFT report does very clearly refer to the common law relating to penalty clauses and this is what you are mainly relying on in your claim

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Thanks Bankfodder

 

Have been searching OFT website for ages for the report but can't find any reference. Is it a report just concerning bank charges, and 2006 or 2005?

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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Ok have found the report. It does make many references to 'common law' but then back to consumers. This being the case, should I refer to the report in general, rather than specific sections?

 

i.e.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges.

 

The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977.

 

In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law.

 

Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment plus all costs incurred.

 

I have asked the bank to justify their charges but they have declined to do so

 

Your opinion would be valued.

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First Direct 1 - settled

First Direct 2 - settled

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RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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