Self Employed - reclaiming bank charges too?

[davedee]

Can anyone help and advise - although it seems everyone is talking about consumer / domestic charges, anyone heard about SELF EMPLOYED accounts successfully being taken up with the banks?

 

Im keen to get some good references of test cases to take up with my bank - the Bank of Scotland!

 

Thanks,

 

David Hood

[barracad]

You can claim as a business. There are some slight differences as you can't rely on consumer law. If you read through the FAQs and other material on the forum you will find further information.

 

 

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[maroondevo52]

Hi,

 

I am self-employed and have just had my claim for £720+interest+costs

settled in full by the Bank of Scotland, they are still due me about £5,600

so i'm about to start a summary cause claim so I can get £1,500 back at a time.

I live in Edinburgh and sued through Edinburgh Sheriff Court.

Their charges have almost put me out of business a few times!

 

Best wishes.

 

Scott

[davedee]

Thanks you two.

 

Ive had a look around this site, but couldnt find much regarding self employed / sole trader references or previous cases / legal precedents.

 

Can you guys throw some light my way? Id love to know the case maroondevo52 made to the BoS. The blighters are hiding behind the issue that most of the campaigning and references are regarding consumer / domestic accounts. Not only have they blighted my (now defunct) business, but they coerced me into paying for insurance to cover my overdraft - and made it a condition of a CONTINUED overdraft facility. unilaterally changing the terms of our agreement. Indeed, whilst 'winding down' this account they unilaterally changed the agreement to do this too - very poor pratice, which Im taking up with them and the Financial Ombudsman Service.

[maroondevo52]

Hi Davedee,

I sent them a letter asking for my charges back, they said there was no way I was getting any charges back. I then sent them my Letter Before Action giving them 14 days to return my charges, they then offered me £365.I was claming about £6,000. I then popped down to my Local Sheriff Court(Edinburgh) and filed my claim (£39) See below for my claim.Then sat back and waited for them to get in touch. The day before my return date in court they sent me a letter offering a full refund of charges. Their lawyer actually phoned me to make sure I got the offer, sounded like she did not want the case to go to court. I then phoned the court to tell them the claim had been settled.

Look above your post to see the( partics of claim-business accounts.)

 

 

You will get your money back, just takes a bit of time scouting round this site.

 

Best wishes.

 

 

Scott.

[davedee]

Thanks maroondevo52,

 

I have sent a new letter demanding progress. I had thought that to hide behind a 'its a consumer matter, not a business one' was fatuous, and I have put to them that they still fall short of good business practice: the charges are disproportionate to the costs incurred and that the bank contravenes the 1977 Unfair Terms (contracts) Act.

 

I may actually look for the extra 8% interest too ... Ill let you know how things progress.

 

DH

[weej]

Dave. Absolutely go for the interest. 8% from date of "offence" can make quite a difference. Just stick to the guidelines and templates on here and you will be fine.

 

Good luck.

 

j