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Royal Bank of Scotland - Sole Trader Advice


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Hi all,

 

My ex pointed me to this forum after managing to get a small amount of money back from her bank.

 

I've had a sole trading account for since 2004 and the charges have crippled me. At first, I was honest with the bank and told them when customer payments were coming in late which meant bounced cheques and direct debits, but each time I got a resounding 'there's nothing we can do', even though I told them in advance, so I just gave up doing it. We did work for government agencies which meant each and every month the payment date to us fell further and further behind which meant we were bouncing more and more cheques and direct debits.

 

Anyway, cutting a long story short - I'm using the spreadsheet provided, and have worked out that the amount is several thousand pounds that I'd like to claim.

 

I'm confused though, as it's a sole trader account, do I claim the money as a business or as a consumer? I want to get this right as I don't want to give them an excuse to wriggle out of it. Also, I reside in Scotland, so I don't know if that makes a difference.

 

I've found the standard business letter and it looks awfully short compared to the consumer one. I tried the business FAQ links from some threads but they all point to a page that no longer exists.

 

Any help would be appreciated,

 

Thanks,

 

Plop

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You have to claim as a business - be aware that the statutes are different, so make sure you read up in the FAQs very carefully. You can't use the DPA or the Consumer Credit Act for example. There are business versions of the letters in the templates library.

Jeep (The Wife & I)

Halifax joint a/c (£3800 charges + £40 interest on charges over 11 years) - paid in full 23/06/06

Halifax joint a/c new charges £1100 - LBA sent 02/08/06

Halifax 2nd a/c (£1500 charges + £150 interest on charges) - partial payment received 13/07/06 (no s69 interest) - AQ filed 07/08/06 - Court awarded 50% of s69 interest (Bank didn't turn up!)

Halifax Visa (#1) Data Protection Act sent - statements arrived - £350 so far

Halifax Visa (#2) Data Protection Act sent - refunded £170

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Follow the route: FAQs > Template Library > Parachute Account > Bank Forums > Spreadsheet

All advice given in good faith and without prejudice or liability, to be taken at your own risk!

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Thanks very much :)

 

I was hoping you'd say I could claim as a consumer, but not to worry, I'm going for it anyway.

 

I've looked at the standard business letter, so I'm sending that off recorded first thing in the morning. And so here starts the battle... I'm quite excited!

 

Just got to finish going through my statements with a highlighter.

 

My only other issue is that the amount is more than the £750 small claims amount allowed in Scottish courts - how do I deal with that? Do I ask for the full amount now, and then lodge separate court cases if they don't do anything in the first 14 days?

 

I read conflicting advice, so I'm unsure how best to proceed.

 

Thank you again in advance - this will clear the VAT bill if I'm succesful and I'll add to the donation my ex has already given you guys - you're amazing, and I heard the chap on the radio earlier - I don't know anything about him, but shouldn't he be running for parliament with those debate skills!?

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