Royal BOS Business account

[vix2000]

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

[vix2000]

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

[vix2000]

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

[BankFodder]

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

[vix2000]

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

[vix2000]

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

[BankFodder]

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

[BankFodder]

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

[vix2000]

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

[vix2000]

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

[vix2000]

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

[vix2000]

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

[vix2000]

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?

[vix2000]

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

[meagainstrbs]

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

[scotia]

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

[vix2000]

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

[vix2000]

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?

[vix2000]

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

[bram stoker]

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...

[vix2000]

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?

[vix2000]

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

[BankFodder]

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

[vix2000]

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?

[vix2000]

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.