Claiming on a Business account? Lets join forces?

[Celicaman]

Ok thanks....

 

It's wild how the fee varies so much but so be it i suppose.

 

I think i would question those amounts.

I Know HSBC charge for arranging an overdraft & it does vary as to the amount, depending on how much the OD limit is but £2k to arrange it sounds way too much, unless they were arranging like half a million or something.

The other thing that makes me suspicious is that the charges vary from £50 to £2000. As this would at most be a yearly charge, a charge per year is all that should show, and i doubt from one year to another could vary that much. It Could be that they list it as renewal fee for renewing a informal overdraft, everytime they paid out for an item that took the balance over the pre determined limit, they charged per item.

 

Not sure how barclays charge, but do they supply a breakdown of charges with/before the main statement arrives ?

this usually shows what the charges are.

If you can post more about the frequence & amounts we may be able to work better, also check on barclays price lists if you can find them for that period, may say how much etc.

have you posted on barclays business forum for advise as well, as each bank is different

 

Celicaman

[Celicaman]

I think

£130 overdraft lending fee sounds like a charge,as do all the others, else why 2 charges £50 on same day

To check this, look at the actual statements and see if at the time the charge would have been activated, was the account enough overdrawn to trigger the charge.

Maintenace fee is prob £2.50 per month account running charge.

STD & Auto fees. Charge for each cheque DD & SO on the account.

AC control fee, unlawfull charge

 

5 x AC control fees. unlawfull

 

Commision charges are either a % of each transaction or individual charges per cheque DD SO & credit for running business account and are not reclaimable as they are running costs.

Basically look for any charges that are not maintenance & commision charges.

 

At worst if you were to claim a charge IE 'overdraft lending fee' that was actually for setting up an overdraft on the account, they would soon let you know it was incorrect, same as if any charge has actually been refunded for any reason, they soon tell you. Of course they dont do that IF you miss one LOL

 

Celicaman

[Celicaman]

Ermie, , i think yes you can go for him as Sig on the account, in any case he could sign forms & you could be representative so ok.

Bundle is not difficult, just a lot of printing & photocopying, you will get lots of help on here and there are bundle kits.

Have a look on here for info on bundles and post your questions ref that on there

 

http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets-new-post.html

 

Most likely thing is that you will have to send bundle and you will not see a court so dont worry.

 

Celicaman

[Celicaman]

Thanks Celicaman, what about T&C, this is my biggest concern as I don't have them and I have just had a second trip to my branch at LLoyds to ask for them and funnily enough there was no-one in the business sector as they were all at a meeting they have taken all my details and will send something through. I'll believe that when I see it.

 

Ermie

 

Hi Ermie, all my claims with HSBC, but im sure somebody in the Lloyds forums will have them. All you will get from bank is latest T & C, so dont hold breath.

 

CM

[Celicaman]

Hi there, I am also claiming on a business account but am very unsure of what I can and cannot include in the bundle. I also have no terms and conditions for the business account. Could someone please help?

Tina

 

Tina, It would help immensly if you start your own thread in the forum of your own bank, that way we could see what & how you are claiming and it keeps it altogether so peeps can advise better as they know your story.

We cannot tell which bank you are claiming from or whether you are claiming CI or OD interest on charges so it is impossible to advise fully on what you need for your bundle.

You will get loads of help on here and other forums, but you have to help us first.

 

Celicaman

[Celicaman]

Hi I'm trying to get T&C for LLoyds business account Oct 2000 I have looked all over various sights to no avail can someone point me in the right direction??? Desperate to go onto court stage but am reluctant to do so without T&C.

 

Ermie

 

How far back have you managed to get them

 

CM

[Celicaman]

craigten - Hi,

 

This post will sent your thread back to the top so someone more skilled than me will see. You really MUST start your own thread in the HSBC section to get the help you need, and please read the Step-by-Step guide and the FAQ's; also the new section called Wiki will provide all the help you can possibly wish for

 

Best of luck with your claim

 

 

He has done

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/79534-bonesy-hsbc-grrrr.html

 

CM

[Celicaman]

i have a ltd company with charges exceeding £5000 over the last 6 yrs, as it will not be dealt by the small claims court any advice please. I have another ltd company and am about to make a claim to the small claims courts for £3000 from NatWest, any advice please would be greatly appreciated!!

 

Hi, I think you can still file at court using N1 and ask for it to be allocated to the small claims court, it my be put on what is called fastrack because of the size of the claim, i think its sort of the fast lane for small claims LOL.

Basically you are asking the court to allocate it so that there is no risk of being hammered by the banks cost if you were to lose. You wont lose but you need that assurance by it being classed as small cliams.

Not exactly sure how you do it, but you can.

 

Celicaman

[Celicaman]

Hi, If the charges were for legit arrangemnt fees, where you asked for an overdraft or extention, then no you cant claim them back as it is a fee for arranging it.

Unless of course it is the same as how HSBC are trying to cloak their charges, calling it an informal overdraft request, & that could happen anytime in a month where you go over the limit.

I would expect an arrangement fee to be one off's & quite expensive wheras informal OD requests would be £25/£30 each time ( not sure if they were around 3 years ago anyway.

 

I know the fees for them looking & pressing a button to say yes is extortionate, and yes you just agree to pay what they say at the time.

 

Quarterly fees, i would think again its legit for items paid in & out of the account IE cheques are usually about 65p each and DD & SO payments as well as credits etc.

 

Celicaman

[Celicaman]

i have a ltd company with charges exceeding £5000 over the last 6 yrs, as it will not be dealt by the small claims court any advice please. I have another ltd company and am about to make a claim to the small claims courts for £3000 from NatWest, any advice please would be greatly appreciated!!

 

Hi again,and welcome to CAG, you will get lots of help & advise from loads of peeps on here.

It would help immensley if you could start your own thread in the forum for your bank. Go back to the CAG homepage & follow forums links to find your bank,then start your own thread, post on there how and what you have done so far (omitt personal details) and where you are up to now.

Your other claim is natwest so post that one in Natwest business forum.

 

It gives peeps a chance to see how you are progressing and keeps your claim thread intact so we can follow & advise better, for example i would have been able to follow your thread backwards to see which bank you have the £5k claim against

You can also then post on the various topic related forums.

 

Celicaman

[Celicaman]

I am of the understanding that this OFT case should only be good for all claimants, as above should/would include business claims, however i did read in one thread that in the outcome of a win, part of the deal could be that claims may be time barred to 6 years with the limitations act. So with this in mind would it be wise to start any Business claims ( i have 2 )now going back over 6 years, even if they get stayed if filed at court, at least they would be in the system.

Still confused as to what to do now.Probably like everybody else LOL

 

CM

[Celicaman]

Hi All, you may want to also post on here regarding questions about POC details for business claims.

 

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/36808-business-accounts-partics-claim-3.html

 

Crighten

The case has very little to do with business claims at the moment as nothing to do with UTCCR so carry on claim as usual. But at the end it is your friends claim. There may be some implication when test case claim gets through court but at the moment it does not. Here is something that was posted on another site.

 

Dear Members

 

I thought it would be a good idea to email you all on this as I am receiving hundreds of emails about the implications to the test case.

 

We have noticed that Bank have been yet again misleading consumers and neither the FSA or the OFT have stepped in to stop this action.

 

Fact No claims have been stayed unless you receive a letter from the court telling that your claim has been stayed. You then have the legal right to apply for the stay to be set aside. (Updated template for this on the site)

 

Some of our member have already contacted their court and been informed it business as normal.

 

What you need to know and do!

 

 

1. If you’re a claim filled at the court then you must continue as normal. I.e. if you just received the Allocation questionnaire you must submit this back to the court in the given time limits. If you have received court orders to produce documents or submit further information. You must do so within those time limits.

 

2. if your not filled a claim at court yet, then you must follow the procedure ie. Get your statements, send the Letter before action and if you don’t get a refund within 14 days on the 15th day you must the issue your claim at your local county court.

 

3. Don’t sit and wait as the limitations act is still running and every day month you delay in filling you claim is a day/month less you can claim back.

 

If the banks send you a letter saying that all claim are on hold and the FSA have given them a waiver not to deal with complaints ignore it. you not complaining your taking legal action. Big difference.

 

4. If the bank does not comply with your Data Protection request (subject access request) and use the FSA wavier as a reason, ignore this The FSA does not have the legal standing to give bank permission not to comply with ACT of Parliament.

I,e banks still have to comply and if they fail to do so report them to the Information commissioner.

 

5. If you used the finical ombudsman route this is now useless as they have agreed to not continue with claims until the test case is heard.

 

Therefore you need to get a claim filled at your local county court or as above each day/month delay is costing you money as the Limitations act will still apply.

 

 

6. Business Claims you need to carry on as normal as the claims do not run using the Unfair Terms in Consumer Contract Regulations 1999 and therefore are not Part of the OFT test Case.

 

BIG NEWS

 

People in receipt of Benefits can continue to claim the money taken from their benefits we have new POC on the site for this and yes Penaltycharges.co.uk was the first to have these up and ready for you to use.

 

The reason you can claim these banks is because the benefit that you are receiving is deemed as alienable under the:

 

Social Security Administration Act 1992 (s.187) which states as follows:

 

187.—(1) Subject to the provisions of this Act, every assignment of or charge on—

(a) benefit as defined in section 122 of the Contributions and Benefits Act;

(b) any income-related benefit; or

© child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of a beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors.

 

 

In short the above means banks cannot take money from your benefit payments to cover their penalty charges.

 

We will have a full list of all benefits covered under this act on this site today.

 

The OFT test case does not involve claims brought under this act so carry on as normal.

 

 

Conclusion

 

You must continue with your claims as normal. ignore everything the bank says about what happening to your claim. i.e. it on hold it been stayed. Unless you heard from the court it has not been.

 

We are advising member to complain to the FSA and the OFT about the potential misleading information given out by them and the banks.

 

We would suggest you write to your local MP about claims any claims that might be stayed since the test case is likely to last at least 1 year possibly longer the bank aim to make an estimated 4billion pounds profit if claims are stayed.

 

As your are aware this money is mostly from those who cannot afford it and your mp should be seeking to address this in the House. There has already been a test case on Penalty charges the Law goes back over 100 years.

 

If in doubt please use the forum and post question as sorry I cannot cope with the amount of PM’s and emails I am receiving.

 

Finally please if you not already done so sign the petition here

 

Petition to: bring in new legislation to prevent the current abuse by banks and companys in relation to Penalty charges.

 

 

Hope that Helps

 

Celicaman

[Celicaman]

Why no stopped cheque charges or overdraft interest? Are you using the calculation spreadsheets? Fees for arrangements or anything related to a service are non claimable. An arrangement fee I do not believe to be something one can class as a penalty despite the fact they seem inexcusably high at times.

 

Depends if it is the official arrangement fee for setting up or upping OD limit where you do actually ask to arrange it, however HSBC now seem to use the term 'arrangement fee' for allowing you to go over your limit and not returning item, then you get a nice little letter saying we are pleased to confirm your application for an informal overdraft.......... must stop those pixies filling in those application forms, costing me a fortune LOL

You can claim these ones back.

 

Anybody else notice HSBC are still charging £25 a pop for these and other penalties, completely ignoring OFT report that they would only investigate complaints for charges over £12,,,,,,,, Just shows total disregard for what they say

 

Celicaman

[Celicaman]

You and i wil be old and grey before they get the message

[Celicaman]

Who told you you dont need any paperwork, ring the court & ask them to confirm.

I would take basic stuff anyway in case, IE copies of summary charges sheet, etc.

Make sure Judge knows it is for a business claim if they try to stay claim.

Business Claims are not same as personal claims as we dont rely on the UTCCR so claims will not be effected by OFT claim as that is what they are using to fight the charges.

If not already allocated to small claims, ask judge to allocate to small claims

Celicaman

[Celicaman]

Skeggsy,

Sigs only appear when your post is over a certain size, IE when more text is in it, so like this post now my sig does not appear, You gotta learn to waffle more like me LOL:D

 

CM

[Celicaman]

GuidoT are you saying that MCOL claims will automatically get stayed, even if they are business claims

 

I think what guidot is saying is that when filing using MCOL, it is a basic claim, you only get 1080 characters and this is not enough to file a correctly worded Business POC compared to filling N1 claim form.

MCOL business claim is highly likely to just get caught up with the many personal claims and be stayed. The N1 business POC is much better worded and would have to be read fully by the court. Basically as this is a business claim you are not relying on the UTCCR and it is these that the oft case will be built around, and these do not apply to business claims

 

Celicaman

[Celicaman]

Hi, Test case does not effect business claims, as noy using UTCCR, im not sure about mortgage claims exactly but i have a stay on a mortgage arrears claim, but working on negotiation to get it settled out of court as its not worth hassle of waiting.

I would proceed with filing N1 claim after LBA's have been ignored LOL, there is a good POC on this thread for using as template.

The OFT case could take months, or even years if it goes against the banks & went to appeal.

Keep reading & learning about POC so you understand the arguments in it before you file it, It does all come together in the brain eventually

 

Celicaman

 

 

 

 

 

Hi! I'm having a senior moment ( at 35 - it doesn't bode well does it!!) and have a few questions. The information I need is probably on the site somewhere but just can't seem to see the wood for the trees as there is sooo much info on here & I think my brain is about to go into meltdown!!

 

1) Does the oft test case apply to mortgage claims & business accounts?

 

2) I have three business account claims, the day the oft announced the test case I posted my LBA'S off - should I still proceed with them although not using mcol or am I best to wait & see?

 

3) Is the test case likley to be concluded this year- I know that no one can say exactly but what is the general concensus?

 

4) How come the banks have been given permisssion not to investigate any claims or settle any claims while the case is on going but can still impose charges for the duration of the case - they seem to be in a win win situation

 

I'm sorry if i'm covering old ground, I am getting more & more befuddled as I search for answers!!

Thanks