Claiming on a Business account? Lets join forces?

[lyndanic]

There reply did not make much sense to me saying that they did agree the charges were penalties!! But they are not fair charges are they???

[emandcole]

The FOS are truly making decisions bordering on total incompetance and although they are effective in some matters the whole CCA 1974 issues appear to have them in circles. I can't see this changing anytime soon so perhaps go through the motions with the FOS instead using the time productively to plan any litigation necessary in the near future.

 

Frustrating but the banks do appear immune to trifling irritations like the english legal system so what choice does anyone have when supposed regulatory bodies won't act? Best of luck with it all and keep us all posted

[SPROUTY]

The FOS are truly making decisions bordering on total incompetance and although they are effective in some matters the whole CCA 1974 issues appear to have them in circles. I can't see this changing anytime soon so perhaps go through the motions with the FOS instead using the time productively to plan any litigation necessary in the near future.

 

Frustrating but the banks do appear immune to trifling irritations like the english legal system so what choice does anyone have when supposed regulatory bodies won't act? Best of luck with it all and keep us all posted

 

Don't waste your time with FOS. IMO there will be a read across to business accounts off the back of the OFT test case. In particular small business and sole trading accounts. Sit on your hands until next Wednesday and have a look at the situation then.

[SPROUTY]

I am in the very same position with barclays. After the first letter was told no way and so I complained to FOS who wrote back saying they have reviewed my case and could not uphold my compaint as the charges were not penalties!!! The charges were for DD that were not paid.

 

Can anyone help with a reply to FOS?

 

OK FOS They are not penalties.....so what are they?

 

Fair charges for the service provided ?

 

A reasonable fee reflecting the amount of work involved in "not paying" a DD...how much was I charged for not taking £10 out of the cash point when there were no funds avaliable?

Oh yeh £0!!

 

May be they are elephants?

[Ibsys]

The FOS are truly making decisions bordering on total incompetance and although they are effective in some matters the whole CCA 1974 issues appear to have them in circles. I can't see this changing anytime soon so perhaps go through the motions with the FOS instead using the time productively to plan any litigation necessary in the near future.

 

Frustrating but the banks do appear immune to trifling irritations like the english legal system so what choice does anyone have when supposed regulatory bodies won't act? Best of luck with it all and keep us all posted

 

Section 78 used to state if a section 77 request of the CCA1974 isn't complied with after 30 day then the lender has committed an offence, but the "offence" bit has been removed which is why lenders hang thing out now. The OFT won't enforce the CCA, trading standards won't and the FOS take months. We have laws but no one to enforce them. How did we get to this situation?

[steven4064]

Sory to correct you Ibsys but s77(4) used to say this about a request under s77(1) and s78(6) about one made under s78(1). S77 refers to fixed loans and s78 to credit cards, catalogues, etc

[Ibsys]

(4) If the creditor under an agreement fails to comply with subsection (1)—

(a) He is not entitled, while the default continues, to enforce the agreement; and

(b) If the default continues for one month he commits an offence.

(b) has been struck out/repealed but is this part of 77 and not 78? Either way the lender cannot enforce the agrement if he does not comply with the 77/78 request.

 

Unfortunately, lenders drag their heals in complying to the request as the offence has been removed because they know what is going on. My real question is who enforces the CCA 1974?

[Bigdebtor]

I am in the very same position with barclays. After the first letter was told no way and so I complained to FOS who wrote back saying they have reviewed my case and could not uphold my compaint as the charges were not penalties!!! The charges were for DD that were not paid.

 

Can anyone help with a reply to FOS?

 

I set up a thread into "how good a job are the various publicly funded regulatory bodies doing? ". I totally agree FOS are useless. Can you subscribe to my thrread with yuour experiences?

 

Thanks

 

BD

[steven4064]

ss77(4) and 78(6) (which are essentially the same) were both repealed

[Ibsys]

ss77(4) and 78(6) (which are essentially the same) were both repealed

 

We have laws to protect us but who enforces some of our laws? The CCA 1974 fo instance.

[JonCris]

We have laws to protect us but who enforces some of our laws? The CCA 1974 fo instance.

 

 

Not retrospectively they haven't

[steven4064]

Yes, JC thanks for that

[Ibsys]

Not retrospectively they haven't

 

I have a problem with Lloyds and am trying to find out who enforces the CCA1974 as they have been issued with a 77/78 on May 19 by recorded delivery and signed for. I have complained to the OFT but they don't want to know.

[slick132]

ibsys,

 

The OFT would not be able to help with an individual complaint.

 

But see here for a suggestion about getting the FOS to intervene - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

[Ibsys]

ibsys,

 

The OFT would not be able to help with an individual complaint.

 

But see here for a suggestion about getting the FOS to intervene - http://www.consumeractiongroup.co.uk/forum/barclaycard/231901-tony3x-barclaycard.html

 

 

Ther only problem with the FOS is they take about 6 months to even look at it.

[xukc15]

Hello everyone,

 

I'm new to this forum, I found this thread while looking for more information about claiming business bank charges. I have just been hit with nearly £300 charges for going overdrawn by £50, unfortunately in several tiny transactions. The account is with Abbey Business and I'm sole director of a limited company. I phoned Abbey today and was told that the best they could do as a good will gesture is to waive 2 x £30 fees. I am not very happy with such outcome, I would prefer all or most of the fees waived but obviously it won't happen over the phone.

 

Can you please advise me how to proceed next? I would like to write to them and reclaim the charges but I can't find an appropriate template to use. I would probably prefer to word the first letter differently and ask for the fees to be refunded as a good will gesture considering I've only had the account for a few months and haven't been overdrawn before. Would anyone please share their experience and recommend what to do as I'm getting a bit lost with all the complex cases on the forum

 

Thanks!

[steven4064]

Hi xukc15

 

Welcome to CAG

 

Are there other charges from before or is this it?

 

There isnt a template because there is aproblem with reclaiming business charges as they are not covered by consumer legislation and the judge in the test case said that they are not penalties. We are working on a different approach but it may not be worth it for just £300.

[Ibsys]

Good set of people on here and lots of information. you will get on better as you go along.

[xukc15]

Are there other charges from before or is this it?

 

There isnt a template because there is aproblem with reclaiming business charges as they are not covered by consumer legislation and the judge in the test case said that they are not penalties. We are working on a different approach but it may not be worth it for just £300.

 

The business is quite new, so is the account, no other fees from before. I've been reading both this forum and the Money Saving expert site and while most cases relate to much larger sums of money, there's been comments by others in a similar situation like mine. Some say they've managed to claim the fees but haven't explained in detail what they've put in their letters or how they went about it.

Is there an approach you could recommend or do you think it’s unlikely to get these charges back?

[steven4064]

I would just write (dont phone) and tell them that you think £300 charge for a £50 overdraft is excessive and ask for it back

[gillymas01]

Hi I am new to this site and have just received a copy of my husbands business bank account charges since 2003. The amount is £2247.21 he was a landscape gardener and had to take a job last year due to the credit crunch!! He has had to set up a loan to pay back his overdraft which had amounted to approx £6000.00.

Can somebody point me in the right direction for a template letter as I understand the business account reclaims are worded slightly different due to a different law??

Many Thanks

Gill

[MARTIN3030]

Welcome to the site.Which bank is it ?

[gillymas01]

Hi

 

The dreaded Lloyds!!!

[MARTIN3030]

Ok thanks.

I suggest that first of all you spend some time reading up on this forum.

You will need to get an understanding of whats been happening in the last 12 months.

Claims for business charges differed from those of personal consumer accounts in that they were reliant soley on Common law statutes..as part of the arguement.

In late 2008,in the case brought by the OFT,the Judge ruled that charges were not penalties under common law.

We advise that claimants look at those terms and conditions that the banks submitted to the commercial court and reconcile them to their own.

[gillymas01]

Okay thanks for that....I will get reading. Will I be able to find all the T & C on here?