me v bos

[groovycaz]

hi I also have a busines account with the BOS and have paid out in charges of £1500 in the last 2 years. Sent off my letter before action business version from the templates library and recieved a letter back yesterday claiming that I was making a personal consumer claim for the refund of my charges, although my letter to them made no reference to my being the consumer, as advised in the business thread. I was then told that because I was making a personal claim [although my LBA] was addressed to them under my trading name, the recent change to consumer law did not cover business accounts, therefore they would not be refunding my charges. they then went on to say that it was up to me to ensure I had sufficent cleared funds in my account and that they acted within the Ts and CS when I opened my account.

Today I have written back to them pointing out that I am not making a personal claim for the refund of all the charges and penalties they applied to my account, and also pointed out that I do not hold a personal account with them.

I was careful not to address myself as the consuner but made it clear to them that the charges levied to my account were unlawfull, I also asked for a breakdown of their charges which were unfair, unjust, and extortionate and that I believed that they were in breech of their Ts and Cs in unlawfuly applying to my account under the unfair contracts act which included hidden charges such as management time rangeing from £10 to £25 and they also snook in a £100 overdraft facility fee which I was not charged for the previous year.

I have given them a further 14 days to reflect and stated without any further communication unless they refund the full amount I will begin legal action. They must think im stupid, its one of the best get out clause ive read so far.

[groovycaz]

BOS are now playing silly buggers after they recieved my letter requesting repayment of the £1500 they charged to my Business Account, In April last year I paid £100 for an overdraft of £2000 which was for 12 months. I have been winding down the account in the last couple of months and just about had my overdraft paid off, however in Dec I used my BOS business Visa which is paid off in full on the 20th of every month from my business account by DD. Without a word from the bank they reduced my overdraft down to £600 on 19 jan which is what I spent on my visa in Dec. I also had a DD going out of my account at the same time and they returned the DD, charged me £35 for the pleasure then charged me another £30 for going over my overdrart limit and £10 for management time. Ive now got my account at zero and my visa the same and cancelled the DD,

[groovycaz]

Hi if I was you I would phone the court and speak to the court services, they are there to answer any queries you have. If they gave you a new court date in april you should turn up, if you believe you have a good case and they have not thrown it out it seems to me that they are giving you another chance to put forward your claim, Thats just my opinion, so I would phone the court first

[groovycaz]

look in the claiming for a business forum, the rules are very similar but im sure your not supposed to class yourself as a consumer when claiming for a business account, your POC should have the refs to consumer law omitted, and instead of consumer law im sure you refer to common law, if you have already filed your claim you can write to the court and ask for the amendments to be made

[groovycaz]

look in the claiming for a business forum, the rules are very similar but im sure your not supposed to class yourself as a consumer when claiming for a business account, your POC should have the refs to consumer law omitted, and instead of consumer law im sure you refer to common law, if you have already filed your claim you can write to the court and ask for the amendments to be made

 

Im not giving them any chances to throw out my claim on a technicality