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    • quite honestly id email shiply CEO with that crime ref number and state you will be taking this to court, for the full sum of your losses, if it is not resolved ASAP. should that be necessary then i WILL be naming Shiply as the defendant. this can be avoided should the information upon whom the courier was and their current new company contact details, as the present is simply LONDON VIRTUAL OFFICES  is a company registered there and there's a bunch of other invisible companies so clearly just a mail address   
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Yorkshire Bank - starting a claim on business account


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I have a limited company business account with yorkshire bank which is about to become an ex account. What's the best procedure for starting a claim with them - I have all my statements etc. I am presuming that the £125 for a month of arranging an overdraft cannot be included and this only applies to unauthorised fees?

 

Maybe someone has gone this way before me with yorkshire and can give me some pointers and advice

 

thanks

 

Mel

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  • 2 weeks later...
  • 2 weeks later...

Hi Mel and welcome. Others have indeed gone before you with claims on business accounts against YB. The good news is that claims on business accounts are not affected by the test case currently going through the high court, so you should be able to claim as normal.

 

This link may help you. http://www.consumeractiongroup.co.uk/forum/yorkshire-bank-clydesdale-bank/63052-business-claims-against-yorkshire.html

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It's generally accepted now that it's better to use an N1 as the space for POC on MCOL is very limited. If you use the POC in the bank templates library it wouldn't fit.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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I've just had a response from Yorkshire Bank (Advice Quality Unit - charges section) in response to my first letter asking for my business charges back

 

In summary their response goes something like this

 

1. I deal with the bank in the course of my business - therefore I cannot rely on section 4 of UCTA

 

2. The terminology of UCTA refers to Consumer and therefore does not apply to me as abusiness

 

3. Section 15 of SGSA provides for a term about consideration to be implied into a contract where under contract for the supply of a service, the consideration for the service is not determined by the contract

 

4. the terms and conditions of the contract between you and the bank provide the consideration to be paid where you use the unauthorised overdraft service provided by the bank

 

5. my assertion that the charges are a penalty are therefore unenforceable is misconceived: the law of penalties is only an issue in relation to breach of contract and apparently I have not breached my contract with the bank

 

 

In conclusion I have no basis for claim etc etc

 

Grateful to know anyone else's views on this - has anyone else had same letter in response on a business account. Wondering about next moves - should I just keep to timelines and then issue LBA?

 

Mel

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It is correct that you cannot use consumer law. Did you use the preliminary letter in this link? http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html#post1003920

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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In that case I suggest that you just send the LBA for business accounts as per your timetable.

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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  • 2 months later...

No response to my LBA other than a firm rebuttal. My claim is less than £500 so wondering whether best option is court or FOS. Does anyone have any thoughts or business experiences with the good old Yorkshire in either direction

 

Mel

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Sorry your question was overlooked Mel. Have you decided what to do?

The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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The Consumer Action Group is a free help site.

Should you be offered help that requires payment please report it to site team.

Advice & opinions given by Caro are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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