Thank you all. I have written to my MP, but he sides with the bank and says I should send them what they ask for. I have now had to borrow money from family to see me over this period. That is not going to last long. I have now got 1 month arrears on my mortgAGE ( 2 ON THE 5TH jANUARY) and the payments on my car ( contract hire cannot be met) I have a solicitors letter from British gas as I have missed the last month payments ( bit quick off the mark I thought) threatening court action if not brought up to date in 7 days My whole financial outlook is going bad- and yet I have £17K in the bank! I have requested verbally for them to put the reason in writing and to send me the T&C's/ legislation that allows them to do this, but they havce not replied

No they were all cheques, no cash at all I sent e mails to: The Daily Mail- who have been championing for the small business recently Telegraph Sun ( I know! But I'm desperate) Express None has even replied to me

Thank you everyone. As far as I know, there is no reason for themn to withold my money. It is simply a case of grafting to turn the business around. I have tried every avenue, including consumer Direct, but they say it is not within their remit and to contact the FOS. There is absolutely no protection for the consumer at all. The big banks can do whatever they like and get away with it. Problem is, if I sue them, they can play hard ball then until I go bankrupt. What a shambles!

Thanks CB- I wrote to my MP and he said just send them the copies:mad: Thanks for nothing Gordon Prentice The TS said they cannot do anything The FOS said they would have to wait until the bank gives a final decision- 8 weeks Thanks for nothing consumer protectors Where is all this protection? And yet if I was a financial advisor and did something wrong the regulators would be down on me like a ton of [EDIT] bricks. Shows what a bunch of [EDIT] silly-billies they are. I cannot get another bank account for my business now- so I can only go bust!! None of the press are interested either.

No-one?

I am a sole trader and was going to start a reclaim on charges. However having read this; Unfortunately, following the decision in OFT v Abbey and others 2008, it is no longer advisable to reclaim charges from business accounts am I better waiting for the outcome of the test case?

In April 2007, I opened a business account with National Westminster Bank During the first quarter of 2008, I lost my largest customer having gone bust. This threw me into extreme financial difficulty and I went into an unauthorised overdraft with the bank. I wrote to the bank explaining my position, but they never replied. In July, I received a letter from the Credit Management Services division of the Nat West, saying they were closing my account down. I informed them that there were cheques to deposit and so they allowed me to deposit these. From then until December I hade used the account like any normal account, depositing and withdrawing money, and issuing cheques. In August 2008, after a lot of hard work, I finally managed to get my business back on track, depositing over £60,000 in the account since August 2008. However, in December, I received another letter from the CMS to say that my account is closed and I should therefore find alternative banking. I was so aggrieved at this as I had fought to get my business back on track and was sure that the bank would recognise this and keep my account open. However, the account was indeed closed and I was told that the balance of the account (£17,000) would be sent to me in a cheque within 10 days. However, when I called the department, I was told that they will not send me the money until I proved where the money had come from! I told them that they had that information on the slip on my paying in book but they insisted unless they get invoices, they will not release my money until they do. This means typing and printing off over 250 receipts with clients’ names and addresses on. Is this something they can do? Without this money coming forth immediately, I will not be able to pay my mortgage (which is now overdue) and I cannot pay for my cars on contract hire, they will also be repossessed. I cannot pay my office staff; they will have to sign on the dole. I cannot pay my agents – they will have to find work elsewhere. My business ultimately will be dissolved and I could be on my way to bankruptcy. Because of the problems earlier in the year, I received some bad credit marks on my file and now cannot get another bank account, so this will also affect my business. Just as important is the fact I will not be able to feed and clothe my family. I am not aware that the banks could withhold my deposits. Is this what they do with all businesses?

Thanks Steven, great help. Can this be used instead of a SAR? if you only wish to see the agreement? If so could it also replace the s78 request?

Thanks Enron. This says to me that the copy must be a copy of the original, no more, no less. Is that correct?

Yes it does help, thank you.

I'm confused. How do I reply to the above then?

If they are not obliged to send me a copy, how am I supposed to tell if it is enforceable or not?

Have recieved a letter from HSBC in reply to a s78 letter. Reg 3(2) of the Consumer credit ( Cancellation Notices and Copies od documents) 1983 allows that certain items may be omitted from such copies including the signature box & signature. Therefore the copy of the executed agreement we must supply is a copy but need not be a photocopy of the original agreement. Reg 7 of those regulations also requires us to provide a copy of the executed agreeement which there is with your agreement and that power has been exercised to vary the agreememtn which, again is the case with your agreement. They have not sent a copy of the original jusrt a copy of what I would have signed at the time. Is this correct? If not, how do I reply to them? Many Thanks

Are they6 based in Cardiff? WebCHeck - Select and Access Company Information

They are now dissolved, defunct, gone Stop paying

:D

so what's the s word? sheep? Take a jump!

Sorry for the late reply citizen. 1 No it doesn't 2 They are saying £12 was the charge at that time. It increased to o£20+ and then back to £12 with the OFT thingy. The thing is, unless I can prove otherwise, I imagine the court will take this copy as correct

No I haven't.

Just wondering if you meant to type star scream, how it managed to come out as fantasy Maybe there is a hidden meaning behind fantasy and not what you are suggesting?

WOW! Thanks BRW, that's a great help. I'm not very organised so I will have to shape up for this one Many Thanks

mmmm...... much more than a typo that magda wasn't it?

What does that mean Magda?

If that's the case, then they have clearly committed fraud by photocopying these terms on the back of the original agreement?