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Non trading Business Accounts

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I ran a business up until five years ago before the bank finally pulled the plug on it. I calculated at the time we had paid somewhere in the region of twenty thousand pounds over a six year period in charges (not interest I hasten to add). I had secured the overdraft on the business personally and when the recievers were called in and business wound up it was me who had to make good the debt to HSBC. Does anyone out there think its plausable to now try and re-coup those charges? Would like advice as this is quite a grey area as the business is no longer trading and the bank has been fully re-inbursed. If I did get the charges back would they go straight back to the receiver or, as I repaid the loan, return to me.

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Guest NATTIE

I do not know the answer but will bump it up the thread for a response

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I assume this was a limited company? If so you cannot make a claim, if it was something else then it depends on the circumstances but you probably won't be able to make a claim.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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I assume this was a limited company? If so you cannot make a claim, if it was something else then it depends on the circumstances but you probably won't be able to make a claim.

 

 

Why not? If you started the limited company, were a director etc, then it folded, you were personally liable for repaying the debt as the bank took you as guarantee, then surely you are entitled to?


Brad

 

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If it was a limited company then only the company would be able to make such a claim, and the company no longer exists. An individual could not make a claim on the company's behalf.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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It was a limited company and had a current account with HSBC as well. When the business went bust they then closed my personal account and forced me to enter into an agreement to repay the overdraft on that as well. Most of that amount was made up from unpaid DD charges. Although that account is now closed do I have recourse to recoup those charges? HSBC has made me suffer so I would dearly love to get type of revenge!!

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If it was a personal account then yes you can claim it back even if the account is now closed.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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when claiming, is it for the six years prior to closure or only in the last six years to date? because the account was closed nearly five years ago

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Within the last 6 years. However there are arguments for claiming back further than 6 years - search for 'Limitations'.


Opinions given herein are made informally by myself as a lay-person in good faith based on personal experience. For legal advice you must always consult a registered and insured lawyer.

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so I would struggle to press them to refund further back than 2001?

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