Claiming on a Business account? Lets join forces?

[make_me_happy]

Hello business claimers,

 

I am currently claiming for 2 of my business accounts and for one of them I just received a SOD OFF letter from HSBC. If anyone interested in reading the thread here it goes:

http://www.consumeractiongroup.co.uk/forum/hsbc-bank/71876-make_me_happy-hsbc.html

Any advice would be highly appreciated also...

Many thanks

[TUTTSI]

Hi All, I have sent on behalf of my other half a pre-lim letter and the LBA letter to HSBC on his buiness account. So, I will view all this thread over the next few days. I believe their is also a thread on HSBC for business customers, I will have to go back and check it out. I think it is a great idea that there is also this thread with all upto date info.

DS

[Goldlady]

Just to say Hi and join the merry throng! We have made a claim against LTSB on our former limited company account which is £1900 overdrawn, but we forgot (oops) to return the personal guarantee documents and the company has now ceased trading (thanks to local council who sent us £20K rates bill for wrong building - instead of about £2K) and wouldn't review it until we had paid the bill in full!!!!!!! - isn't working for yourself fun?). I have asked LTSB for a refund of around £1700 in charges and offered to repay the outstanding £200 in monthly installments. They haven't said they will refund the charges but have sent us a letter gradually reducing the overdraft by the agreed monthly amount until it gets to £1700. Coincidence? Around £300 of the charges were something called a business focus fee of £50 a month which I queried at the time as we did not seem to get anything for this and certainly did not agree to it!

 

Also need to claim about £1800 from Natwest for our current business - also a limited company. Thanks for all your input Photoman - I have printed off your claim as I was unsure how to pursue limited company charges, having succeeded twice so far on personal ones. But will definitely open another account before going for it - last thing we need is our overdraft being cancelled overnight - cashflow is bad enough.

 

Good luck to all

[beetlejuice]

Andrew1 interesting, let us know what your mate thinks, Look forwrd to it, surely something which relates to a debt of mine with my name on it tranfered to a DCA should be covered under the DPA. How do we test this I'm game??

 

BJ

 

[Guest rils]

Hi just to say to you all good luck and I will be watching this with interest - this will be my next claim after sorting out my personal account first -

[louloujs]

Hello again

 

Right, I am proud to announce that i've started a new thread for my Ltd Co claim against BOS (£14,000 plus int).

 

Keep you posted.

 

Lou

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/77728-sgg-ltd-bos.html#post681379

[louloujs]

Hi all

 

I've had an offer! Need some advice folks. If you have a moment, could you take a look at my thread and help.

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/77728-sgg-ltd-bos.html#post700559

 

Many thanks

 

Lou

[beetlejuice]

Well I've had a full offer to settle the claim. Beetlejuice vs HSBC Business

 

Who do I get them to pay the money to me as director the debt on teh business account has been passed over to DCA - from me personally, as guarantor - who are chaing me for an arrangement, I want to use the money to reach a 1/2way {50%} agreement as the B*****ds have probably only paid 10-20% for the debt. Rather than taking the amount of the originla total!

 

Any comments {Andrew1?} anyone??

 

 

 

BJ

[louloujs]

BJ - Fantastic news!

[beetlejuice]

Anyone know where a repy acceptance letter is or do I just do my own I'll include 7 day please or else.

 

Help anyone!!

 

BJ

[louloujs]

After rejecting their first offer, they've agreed to meet us in the middle and settle for £10,500 payable in two days...

 

All the wonderful gory details on my thread

http://www.consumeractiongroup.co.uk/forum/halifax-bank-bank-scotland/77728-sgg-ltd-bos.html

 

Very happy to accept as my time/financial constraints make it hard to go on too much longer.

 

Thanks to all of you

 

Lou

[hels bells]

hi all

 

my story is pretty similar to others, my hubby an i have a business account in both our names and written 'trading as' underneath our names, i sent all the SAR and LBa with no luck even though i had a written record of Barlays telling me i could have my notification of charges which I have misplaced from 2000-03,suddenly they changesd their minds and said they do not hold these specific documents for more than 3 years, [contrary to what i had been told by them befroe they new what i wanted them for ] however i am due in court on the 13 th April and they { bank] have written saying they will defend my claim, THIS IS JUST FOR DATA.

 

ps my notification of charges are sent to my home address and have my home address on the statements but 2000 03 have my business addres on them somehow it changed in 03 to home address. As business peepe you will know that N of C offer a breakdown of what the quartlery charges are for, as some a reasnable and as we know some are not . without the NoC my calculation would not be accruate in court.

 

any ideas.

 

hels

[andrew1]

Well I've had a full offer to settle the claim. Beetlejuice vs HSBC Business

 

Who do I get them to pay the money to me as director the debt on teh business account has been passed over to DCA - from me personally, as guarantor - who are chaing me for an arrangement, I want to use the money to reach a 1/2way {50%} agreement as the B*****ds have probably only paid 10-20% for the debt. Rather than taking the amount of the originla total!

 

Any comments {Andrew1?} anyone??

 

 

 

BJ

Sorry ' Beetlejuice - been otherwise engaged , missed your post. I'd look at this as being a guarantee that you had against the bank which was a personal guarantee therefore I'd ask the bank to pay you personally. especially as the business no longer exists. If there was a liquidator then the bank might argue they have to pay it to them, but you are personally guaranteeing this so you should have it paid to you because without your guarantee they would have been a creditor like everyone else in the pecking order. I haven't managed to get a hold of my liquidator chum yet, I think he's gone off somewhere for a week or two so I can't get a definitive answer.

 

As for dealing with the dca, well., you should be following our Cabot threads, we are tying them up in knots over these agreements and their role. There are arguments that the DCA have operated by buying the 'rights' but not the duties of the debt under the Law of Property 1925 yes 1925! Can you be sure the dca have actually had the debt ' assigned' to them? You can run them a dance here, I know this is not a Consumer Credit issue here under the CCA, but you might like to firstly ask them for a copy of whatever agreement they have which says they have a right to collect the debt in the first place, that'll keep them off you for at least a month while they try and find the agreement as it is an offence to try to collect money from anyone without first ensuring the money is owed. No agreement - no money. Did the bank send you a deed of Assignment or that they have assigned the debt? they should.

 

Do you acknowledge a debt to said DCA? Of course not so get them to prove you owe it to THEM. Otherwise I could write to you and ask for money - you gonna pay me? !!

 

As for the finale, it is unlikely you will get to know how much they paid for it unless you send an Subject Access Request under the Data Protection Act to both the dca and the bank, and even then they might not tell you in the paperwork. Even so, even if you did know, what difference will it make? - you can argue all you like about the morals of buying a debt for 10% of its value, and trying to collect more, but thats a business transaction just like buying and selling on ebay. Just use the knowledge you have to bata on the final settlement. DCA's cannot charge interest unless you go into an arrangement with them to make payments. If you default they can add interest, but there again they will try to charge interest on the full balance you owed the bank-not what they paid for it - moral issue? - too right - refuse point blank as they have not borrowed money to fund the whole amount, lent you money they previously had at the full amount, all they have laid out is the cost to them of buying the debt, ask about that and then you might find out what they paid for it.

 

Visit our Cabot threads tbern123 and seahorse started and you'll get a feel for how to deal with dca's..

 

hope that helps.. good luck

[beetlejuice]

Thanks Andrew1

 

I will need to read this once or twice it's the end of the day and my eyes are tired. I really appreciate you taking the time. I will certainly send SAR to both and request a full copy of the assignment, the bank did write to say they were doing it and I have one letter from the DCA, but no assignment notice per se.

 

I'll get back to you soon, thanks again,

 

what a great site this is.

 

BJ

 

:)

[beetlejuice]

Andrew1

 

I have recieved a letter with an agreemnet to pay £150 per month should I send the SAR and hold off paying or continue to pay whilst mounting a defence.?

 

What do you think

I think tha latter.

 

regards

 

BJ

[andrew1]

Can I write to you and ask you to pay me £150 a month? you gonna pay me without proof you owe me - yes please

 

Get the proof and if they have it pay, then you can decide what you can pay with what you feel reasonable. So as not to intimidate them ( just for a change ) I'd write and say the account is in dispute ( this is the DCA I presume made the offer?) and once you have sorted out the dispute then you'll take the necessary steps to address whatever, with whoever regarding the ALLEGED debt, but at this juncture, you do not recognise that you have any liability to your company ( the Dca ). From now on, you would like to ensure that ALL communications they undertake will be in writing as are your rights to request and that telephone calls will be deemed harrassment under the Communications Act 2003 and will be treated as such.

 

Peaceful life - back in control... then wait and see what comes next. Okay?

[Mr-Ghastly]

Not trying to hi-jack this thread but cant find anywhere better to post.

Can you claim for " bank referral fee", I am getting charged £35 a pop around 30 times a quarter.

With other charges, last quarter was over £1700 in charges. I run a limited Company and have just had to negotiate extending a loan and increasing my overdraft. I believe this is a direct result of the charges incurred.

When I go to work tomorrow I will dig out the last 6 years charges and be in a better position to say how much they have had off me.

Any help/comments appreciated

[WormHasTurned]

My understanding is Yes. They have charged this because they have either paid/or not paid something because there were insufficient funds in the account at the time.

 

This makes referral fees different from 'Arrangement Fees' and other fees you have agreed on your account.

 

There is a wealth of information here.

 

Have a read through the introductory information and templates, and the section specific to your bank. Then start your own post in that section.

 

You will get advice on your own thread.

 

Best wishes.

[photoman]

Not trying to hi-jack this thread but cant find anywhere better to post.

Can you claim for " bank referral fee", I am getting charged £35 a pop around 30 times a quarter.

With other charges, last quarter was over £1700 in charges. I run a limited Company and have just had to negotiate extending a loan and increasing my overdraft. I believe this is a direct result of the charges incurred.

When I go to work tomorrow I will dig out the last 6 years charges and be in a better position to say how much they have had off me.

Any help/comments appreciated

 

If unsure, just ring any branch and ask them what a bank referal fee is, I'm sure you can do so anonymously ?

£1700 a quarter is monstrous !!

Was any of that legitimate charges, or just to do with retuned items and excess fees?

[Mr-Ghastly]

Thanks for the replies.

I could not find a "start new tread" on any of the forums I have been reading:confused: .

The charges are for a host of things, but the bulk of it is the referrals, last year it was £20 but now at £35 it has made me get my finger out.

[photoman]

Thanks for the replies.

I could not find a "start new tread" on any of the forums I have been reading:confused: .

The charges are for a host of things, but the bulk of it is the referrals, last year it was £20 but now at £35 it has made me get my finger out.

 

Ghastly, Welcome !!

Looks like your brand new here, so don't just jump in and take action without doing some reading first.

 

Here's a good starting point.

http://www.consumeractiongroup.c o....se-read-these/

 

You'll then find all the templates you need here:

 

http://www.consumeractiongroup.c o....lates-library/

 

You'll also find this very useful;

 

Can't Find What You're Looking For? Here's A Complete A-z Index

 

You'll then need to start your own thread.

 

You will then get more specific advice to your own case, and be able to keep a track of how it's going by viewing just one thread instead of skirting around lots of threads trying to find your posts and answers.

 

1/ Go here.

http://www.consumeractiongroup.c o....group-against/

 

2/ Find your Bank, click on the bold blue name of Bank

 

3/ Go to the bit that says "Forum tools" and click on it.

 

4/ Click Subscribe to Forum. It will ask you how often you want to recieve updates ( daily I found is best)

 

5/ Then it will redirect you once you've subscribed.

 

6/ then click on "Forum tools" again, and choose "Post new thread"

 

7/ Give your thread a title eg: "nickyl vs whatever bank", and then make a post.

8/ Then copy the link in your web browser (the whole bit that says http: etc), and come back and paste it into this thread, then we can keep an eye on you, but still feel free to post anything Business claim related here.

 

Good luck !!!!

[Breezy Girl]

Hi

I'd like to subscribe to this thread if that's ok?

This is all new to me hope I am doing this right!

I registered here after reading an articles in the Daily Mail.

My partner suffered misery with Barclays Bank in 2005.

He had a business loan secured on his house. Unfortunately, his business suffered drastically because of foot and mouth disease and he could not service the loan. The business previously had been profitable and had been running for many years. His charges were awful and the bank issued proceedings to foreclose on his home. I managed to sell my house and repay the debt to Barclays of somewhere in the region of £120,000! otherwise he would have lost his cottage. It is a miracle he didn't commit suicide over this, he couldn't sleep and his health suffered because of it.The charges were horrific and in the end he could not pay his 2 drivers their wages or pay his suppliers. He was forced to go into voluntary liquidation or he could have been prosecuted for trading ilegally.

He also had a joint personal account at the time with his ex wife who although was working never paid anything into the account and the bank were totally unconcerned, they just kept on charging him knowing that if it was not repaid they could just take his house.

By the way I think it is fantastic what you are doing here.

The bank caused us so much hardship and we are still suffering now as we have had to re-mortgage this house to continue the business.

We managed to keep one of our drivers on and our drivers mate and last year made a tiny...... yes I do mean tiny, profit!

I received all his bank statements after the DPA letter was sent and have written to Barclays again today requesting a complete breakdown of all interest charges enforced on my partners business and private accounts. I have given them 14 days to comply.

I know that Barclays have charged him a lot of interest and I have been advised by a friend who works for one of the Big Banks that they have an obligation to supply him with a breakdown of these charges.

I am terrified about this but I am determined to carry this to the bitter end.

Does anyone know whether I can claim back his interest charges which were imposed after he went over his overdraft limit? I know you can't claim the agreed interest charges.

Thanks a lot!:-?

[scott150663]

hi breezy girl

 

welcome first of all

 

the one thing you need to know is YES YES YES you can claim all charges for returned cheques returned DDI's etc you will get all your money back ...But you need to read lots of info on this site if you cant work out what to do post on here and someone will ALWAYS helpyou.

dont be scared we were all like you when we first came to this site. there are loads of great people on this site that will help you all the way...

 

so be strong

 

go get your money back girl

 

best of luck

 

scott

[sn00psmum]

Hello:)

 

I totally agree with Scott, you will get all your money back, including any interest you have been charged on the penalties only. As said above read as much as you can, ask as many questions as you have- no matter how small and begin your own thread in which you will get advice specific to your own claim. Oh and if you're looking for a great spreadsheet I recommend this: Download v1.9

 

Photoman has a great response for newbies, it's post #172 or thereabouts on this thread, just scroll back for it, it's very useful if you're new here. Edit: I've just looked and it's the post before your first post!!

 

Best of luck,

SM:p

[photoman]

Breezy girl,

Just been looking for another post I recall by someone affected by the Foot and Mouth crisis.

Take a look at this post and then maybe send them a PM to see if any way you can help each other ?

http://www.consumeractiongroup.co.uk/forum/post-613526.html