Ibsys
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Why let your bank keep your money? Calculating your charges claim
Ibsys replied to BankFodder's topic in General
I don't have a direct way to say how to sue only to use things like court orders. I am going to a debt collector who will persue the bank for me and cover all the fees but as I am a business with other debts which need collecting then this will be treated as another debt. There are a lot of scams about so if you do this then you have to check the company is proffesional and does things properly. -
Send them a notice under the Consumer Credit Act 1974 section 77.This is where they must provide all paperwork, signed agreements signed by BOTH parties, all calculations and they must do this or they commit an offence. There is a judgement by Lord Justice Clark 2002 "Failure by the lender to fully observe the terms of the CCA would make the loan unenforceable with no further payment or restitution allowed to the lender" ....or words to that effect.
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Lloyds TSB.... They have cost us in the region of £55000. Money missing from loan, insurance not paid when claimed, unauthorised borrowing fees and 26.4% interest for things authorised by the manager. Cheques returned because the manager had the week off. Lost work. Our manager wanted satelite tracking-we could never find him-even one of the men in the Business Center said it was like trying to raise the dead! 9 recorded delivery letters and still no reply. i am still trying to save jobs and they don't care.
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Why let your bank keep your money? Calculating your charges claim
Ibsys replied to BankFodder's topic in General
Statutory Interest Calculator This link shows how the interest is worked out . (8% plus base rate) -
Why let your bank keep your money? Calculating your charges claim
Ibsys replied to BankFodder's topic in General
I retain a debt collector who collect debts for me. And to comfirm they add interest along with this Act. Please note also that Lloyds are now writing their charges as "invoices" and so I will write my demands as an invoice. I know they won't pay up readily so it is something I can pass onto that debt collector who will use this Act for purposes of interest. They tell me 25% of their business is to collect from banks. -
Why let your bank keep your money? Calculating your charges claim
Ibsys replied to BankFodder's topic in General
Calculation of interest is fairly easy. Just look at the statement and it shows charges, returned items, unauthorised borrowing, hardcore, etc,add this up and put it in the Excel box for the month, then in the next column, add interest (8% over base rate) Late payment of Commercial Debts (Interest) Act 1998, add it month by month and put the bill in -
Why let your bank keep your money? Calculating your charges claim
Ibsys replied to BankFodder's topic in General
I have "unauthorised borrowing fees and interest (26.4%)" for most of 2008/2009 and all payments out of the bank have been authorised by the bank manager. How can things be authorised by the manager then written down on the statement as "unauthorised". This has caused rejections from other banks when trying to open a new business account. I have calculated the amounts due for refund and time costs and interest at 8% above base rate. This is a different % rate as it is "Late payment of commercial debts (Interest) Act. -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
Section 77 says the lender should provide a copy of the agreement and provide calculations of payments, dates when they fall due and numerous other things. If not provides within 30 days the lender has commited an offence. -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
What it should read is " failure by the lender to observe fully the terms of the CCA 1974 could render the agreement unenforceable with no claim for restitution" which was in a judgement by Lord Justice Clarke. There are more issues than just the signature. It is a strict Act and with many sections which have to be complied with. 83% of agreements are unenforceable for loans taken out before April 2007 -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
When you ask the lender for a copy of the CCA 1974 agreement say you are issuing a notice under section 77 of the Act. This means they have to also give a full financial statement and ALL documents in connection with the agreement. AS BELOW; 77.—(1) The creditor under a regulated agreement for fixed sum credit, within the prescribed period after receiving a request in writing to that effect from the debtor and payment of a fee of 15 new pence, shall give the debtor a copy of the executed agreement (if any) and of any other document referred to in it, together with a statement signed by or on behalf of the creditor showing, according to the information to which it is practicable for him to refer,— (a) the total sum paid under the agreement by the debtor; (b) the total sum which has become payable under the agreement by the debtor but remains unpaid, and the various amounts comprised in that total sum, with the date when each became due: and © the total sum which is to became payable under the agreement by the debtor, and the various amounts comprised in that total sum, with the date, or mode of determining the date, when each becomes due. Elsewhere in the CCA 1974 it states that the agreement must be signed by both parties. Look up a judgement by Lord Justice Clarke 2002 in which he said "failure by the lender to properly administer the agreement means the agreement is void and unenforceable and the lender can have no restitution or further claim" -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
Have you tried this number for Lloyds. If you ring it they tell you it is for Managers only but be insistant and say you can't get replies. It is the "Customer Service Department of Excellence" 0845 301 4605 (Excellence in a bank is rare or it is a lie!) -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
Late Payment of Commercial Debts (Interest) Act 2000 Interest at 8% over the Bank of England base rate -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
I have written to Lloyds about my £50000 six times by recorded delivery to 3 places and all ignored until I sent 3 more letters to different addresses saying I would pay no more money into any Lloyds Department I do business with 'till they sort it out. That got a response but at least I got a name to pester! -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
One of the reasons for banks to offer consolidation loans (and 0% credit cards) is to have paid up the loan or credit card it is taking over. The old loan or credit card would most likely originate before April 6 2007. This is a critical date as 83% of agreements before this date are unenforceable under the Consumer Credit Act 1974. People can have loan agreements invalid and so not have to repay anything more. -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
I am advised it is a dangerous thing totake out a loan to clear an overdraft. The loan will have a directors guarantee with it and the OD would be removed. The loan would just clear the OD and the facility and remove cash flow at the same time so the loan repayments could be paid only when a customer pays so a default is likely to occur. This would then give the bank reason to foreclose and take assets. Sneeky! -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
After 3 years and a "Discharge Certificate" from the Court, there would be no further claims to be met. Small fee for Discharge Certificate. -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
I did bank with Lloyds but I cut them off-enough is enough! They have cost us £50.000 on 7 fronts Won't pay insurance claim but took up front premium Caused us lost work Two tier overdraft system Authorised borrowing charged at penalty rates Defamation- authorised payments written down as unauthorised Money missing from loan account Couldn't find manager for day at a time---it goes on My main problem is getting responses to letters even thought they are all recorded delivery -
Claiming on a Business account? Lets join forces?
Ibsys replied to photoman's topic in Business Bank accounts and charges
for a fee of £250 or so there are firms who guarantee to open a business bank account and all you have to do is say which bank you want. I cant remember the name of the firm but EDIT will tell you who it is. (Doncaster)
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