C.L. v Co-operative (business)

[charlie.l]

Hi All,

 

Looks like I'm in great company again! hope s'one can help me out on one matter. (haven't found a co-op business post here but it cld just be me..)

 

I'm ready to send in a prelim letter for £860 but I'm concerned about the 'business account' differences. I'm a sole trader and was ultimately responsible for any funds so if the buck stops with me then the buck stops with me. (I borrowed money to close this account a year ago)

 

Question: should I just proceed as normal ie template pre-lim? I think it is the right thing to do... In the FAQ it says

 

'the ONLY difference between a claim from a personal account and a business account is that with the business account you have to rely on the Common law of contract and the unfair (contracts) Terms Act 1977 ?

 

So I guess this would only concern me at the money claim stage ??

With the S.A.R - (Subject Access Request) they responded as normal.

 

Prelim in tomorrow??

 

Thanks in advance for any advice..

 

Good luck

 

C

[Rooster-UK]

Hi Charlie.

 

Basically the same as a personal account except that you cannot back your claim with consumer credit regulations. This is because as a business account holder, you are not regarded as a consumer.

 

Good luck with your claim.

 

Regards, Rooster.

[charlie.l]

Thanx Rooster,

 

So I guess this would mean different wording at some stage of i.e. money claim..??

or can i follow the whole process with the regular templates? Sorry if this an obvious question.

Also cldnt locate the scales symbol..

 

Will hold on to prelim while I look at contractual/ compounded interest...

 

Ta

 

C

[charlie.l]

standard prelim template sent. Polite stalling letter recieved, business LBA prepared for wednesday. Will adjust POC omitting phrase Unfair Terms in Consumer Contracts Regulations (1999). 8 % calculated. (at £325) in case things go further..

 

C

[groovycaz]

Hi charlie I used to have a business account with the co-op from 1996 until 2000 and was charged £1907. Ive requested a refund which they refused stating they can only go back 6 years. I wrote to them again quoting s(32) of the limitations act and again requested a full refund, that was a month ago and still waiting for a reply so just in the process of sending them a LBA with a schedule of charges and if they dont comply within 14 days, then its time to start action. Ive got all my statements from the date the account was opened until the date it was closed, ive a feeling they will fight me on this one......

[charlie.l]

hiya gcaz, Good luck with that-they are agreeing to pay me back £1008 (£20 less than my calculation..) But are taking their time...Waiting for this to arrive in my a/c before I declare a win & make donation. they asked for an extension for pre-lim beyond 14 days which I granted but was gonna send in a 7 day LBA had I got a standard reply. Was also gonna claim interest on money borrowed to close the a/c over a year ago. In answer to my pre-lim they reaffirmed their position that they wld only refund charges 6 yrs back.. - lets see. Let me know how you get on (will look for your thread) best C

[groovycaz]

Hiya Again Charlie, wrote again to the unco-operative and they are ignoring me, im in the process of doing my spreadsheet to send to them, and because it goes back 10 years, the interest alone is scary. Ive spent hours upon hours reading through other peoples threads with regards to the limitation act and I now feel confident enough to take them on.

Theres so much to take in but im ready for their tricks because I believe that they will fight me all the way on this one, if I win all my money back after ive made my donation, thats me having a new kitchen, and my little boy who,s nine and has autism is getting his big new trampoline. Sooo here we go I,l keep you posted:rolleyes:

[charlie.l]

Just replying to match yr post count.. Co-op rejected my claims for O'DRAFT UTILISATION FEE- I thought this was penalising me for any month I used an agreed authorised o'draft (within the limit). Are you claiming these? (total was 21 x £15 -so my settlement was £315 less). Beyond the usual: 'STOP CHEQUE' & 'FEE CORRESPONDENCE' were OK. The guy didn't know about 'FEE MANAGEMENT TIME' but I didn't claim it anyway. Aren't the OFT coming up with new rulings in the next couple of weeks??? and does this have a bearing over claims over 6 years? Anyway - I'm hoping for lots of happy trampolining! - For me its going to be a photo-finish between new baby arriving / money arriving in the next 48 hrs.. C

[groovycaz]

hi charlie, I was with them for 4 years and it was my first business bank account and never asked for,and was never offered an overdraft, they just used every opportunity to charge me, some months I paid £250 in charges and was always on the phone to them. They did repay me some of the charges when I told them they were ruining me but only about £200 over the 4 years. 10 years ago they charged me £30 for returning a cheque, even when i had paid in funds but they were not cleared, they still charged and another £15 for the letter they sent me to inform me about any unpaid items. I even called them and asked them to stop sending me letters to save the £15 but they said they were automaticly computerised and could'nt be stopped. I think they make up the reasons to impose these charges, like management time, that would have been the loads of times I called them about the charges because they never called me, it was always a letter that cost me £15, never mind I will be laughing all the way to the bank under the mattress when (hopefully) i get it all back ha ha ha..........

[groovycaz]

just reading back through your posts, so they paid out of court but would'nt go back more than 6 years, is that right? my account was closed more than 6 years ago so i'm going in for the kill, they wont offer to pay me, they wont even answer my letters so it looks like action to me, but im ready for them now, god I hope I win, when I think back to the stress I was under at that time, I can still remember how I felt at that time, Id not long had my youngest little boy, my mother died and then 5 weeks to the day my brother died in his sleep with an epileptic fit at 36 years old. so I took a few weeks off work and the charges rolled in, even though I told them my circumstances it made no difference to them, I dont know how I was'nt carted off by the men in the white coats, but I got through it and I think thats whats driving me now, Oh how I hate banks and wish I didnt have to use them

[charlie.l]

Hiya- Very sorry to hear your story. Yes, I hate the lot of them too. Thats why i'm on case#3 -my sister, who doesn't even know her (closed) a/c number... taking her cash to alliance & leicester in tears to try and close her account & not being able to because of more penalties- all while pregnant with my, now, 4 yr old niece. IM GONNA GET THEM!even if it's £100 - Anyway, yes- Settled Co-op after pre-lim letter. With Lloyds settled after LBA. Why does anyone bother having a business a/c anyway, unless they want to be a limited co. ? DONT SEND ME LETTERS at £15 /£17.50 a time to tell me I'm ___ed! Anyway have you got a thread for yr claim that I can follow later ??? i.e. after I conclude the business-end of my dealings with the Co-op. Have to say I've really enjoyed this process & love this site. Best C

[charlie.l]

Going back after reviewing posts- i only claimed back 6 yrs - beyond 6yrs was only about another £40 or so- so I kept it simple. However they VOLUNTEERED the fact that they wouldn't go back further than 6 yrs, don't know why, but that's why I mentioned it. (They got their sums wrong, address incorrect & mis-spelled my name too...)

[groovycaz]

hiya again charlie1 last post 1.07 am your as bad as me , or are you still matching my posts!, of course you can keep track of my progress, I,l be posting on this thread and also on Bank Of Scotland who have just closed my account after I asked for my money back, if you click on my handle groovy caz you will soon find me but I will let you know how I get on, my BOS claim, Im starting action today then with the uncooperative by the end of the week so here goes..see ya later and best of luck with your new baby.............GC

[charlie.l]

Donation made. Baby came first- money second. They really dragged their heels at the end but last Wednesday I walked out of the bank with £1,008 in cash (and bought presents for the family). thanx all - it's been a great pleasure again! All the best

 

C

[groovycaz]

congratulations to the new daddy and mammy, so pleased you got your money in the end, the best dressed baby in town (boy or girl) im the sister of 3 brothers and the mother of 3 sons but im nana to twin girls, all babys are soooo lovely,

have'nt sent in my claim yet to the uncooperative but just finished my spread sheet, they charged me £1867 since 1996 and the interest is £1416, but spent a lot of timr reading other postings so just need to be sure i get every thing right, today im writing 1 more letter including the spread sheet without the interest giving them 7 days to reply then im starting action. once again best wishes to you and your family and good luck for the future GC:D :D

[groovycaz]

sent my final letter today to the uncooperative with a schedule of all the charges they applied to my account since 1996, stated that I was unwilling to accept their reason for refusing to refund me my charges ( they said they would not repay because they are only required to hold customer information for 6 years) I stated that it was irrelevant as I had not requested any information about my account (didnt need it cause ive got all my statements) gave them 7 days to reply as they ignored my last 2 letters then i feel confident to start action, learned lots from the site from others experience, Im sure its going to be court action and that they will defend but im ready to give it a go so watch this space.....GC