ladeyshalley123 vbmenu_register("postmenu_791030", true); can you please advise the Lancer what you did to get the sucess you seem to have as Lloyds turned me down cold heartedly. they cited something about the charges claim ponly related to consumsers and not businesses

The Unfair Terms in Contract Precedent case law Wilson v Love [1896] 1 QB 6Z6 — A tenant farmer agreed to pay an additional rent of £3 per ton by way of penalty for every ton of hay or straw that he sold off the premises during the last 12 months of the tenancy. The clause was regarded as a penalty because at the time hay was worth five shillings per ton more than straw, and thus the landlord was unjustly enriched to the tune of 5s for each ton of straw sold. Dunlop Pneumatic Tyre Co. Ltd. v New Garage and Motor Co. Ltd. [1915] AC 79 — The House of Lords decided that a liquidated damages clause would be considered a penalty and therefore unenforceable where the sum to be paid by the defendant was 'extravagant and unconscionable in amount in comparison with the greatest loss that could conceivably be provided to have followed from the breach.' Bridge v Campbell Discount Co. Ltd. [1962] AC 600 — A customer bought a car under a hire purchase agreement, paid the initial and first payments and then cancelled the agreement. The company tried to recover large sums specified in the contract for cancelling the agreement, but the court decided these were excessive and constituted a penalty, making them unenforceable. Murray v Leisureplay (2004) — A former employee of Leisureplay was sacked and attempted to claim three years' salary, as outlined in his contract of employment. The court decided this was excessive and constituted a penalty, therefore he was not entitled to this level of damages.

In my letter from Lloyds TSB they told me that as a Business I couldn't claim under the Unfair Terms Act 1977 as this relates to consumers however I found this on the web and believe they made a grave mistake Unfair Terms in Contracts - Unfair Terms in Contracts The current law on unfair contract terms is unnecessarily complicated and difficult to understand. It is covered by two pieces of legislation: the Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1999. The two laws contain inconsistent and overlapping provisions, using different language and concepts to produce similar but not identical effects. In 2001, the Department of Trade and Industry asked the Law Commission and Scottish Law Commission to rewrite the law of unfair contract terms as a single regime, in clearer and more accessible language. We were also asked to consider whether the law should do more to protect businesses, particularly small businesses. On 24 February 2005 (together with the Scottish Law Commission) we published a final report and draft bill. We recommend a single, unified piece of legislation, which preserves the existing level of consumer protection. We also recommend improved protection for the smallest and most vulnerable businesses (employing 9 or fewer staff). A summary is available. This follows a joint consultation paper, published in 2002. In July 2006, the Government told us that it accepts our recommendations, subject to a regulatory impact assessment. If the assessment proves favourable, the Department of Trade and Industry will seek an opportunity to introduce appropriate legislation to implement our recommendations as soon as practicable.

Thanks for your help, I have read through lots of the tthreads but am looking for a Template letter that I can use as a business owner for a LTD company.

I am in the process of doing a Lloyds claim does anyone have any advice or a template letter - your hep would be greatly appreciated

I have never been more annoyed than I am now after having to deal with Lloyds TSB. I had two business accounts with Lloyds which are closed now. Out of the blue I received two cheques for £50.00. Each letter stated that I had been over charged and was elligible for a refund. I then became curious and started to question if they had made more than the two mistakes they admitted to. After reading and hearing about the unfair Bank charges in the media, I then decided to write the bank asking for statements etc, and received a letter after months of delays saying that as a business customer the Unfair Contracts Terms Acts 1977 and the Unfair Terms in Consumer Contracts Regulations don't apply and that I would not be considered for a refund or to have my charges cancelled. As a previous business owner can I make a claim and if so how can I go about making my claim, LLOYDS ARE DRIVING ME SPARE