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Claiming on a Business account? Lets join forces?

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I got some business bank charges refunded recently - arguing that because I was a sole trader that I should be treated as a consumer - and a customer of Retail (not Wholesale) Banking - as Banking/Financial Services was NOT what my core business was - and I was also PERSONALLY liable for my business debts with no protection of Limited compoany Status.

 

They refunded the charges "as a gesture of good will" - just like they always did in the good old days before OFT stuck its oar in!

 

I think it's now very possible to be quite firm with - and not scared of - your BM in the current anti-Bank climate. Even unsuccessful referrals to FOS cost THEM a lot of time and money - so not an empty threat ever.

 

BD


£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Martin did you manage to access my thread?


GE MONEY - DEBENHAMS CARD

Settled in full after prelim :)

 

MBNA

Settled after LBA

however mistake made by me on contractual interest so going after the rest now

SETTLED IN FULL JAN 2007:)

 

MINT

Offer after prelim rejected

Settled in full after LBA:)

 

to go:

Barclays Bus Ac - to mcol

Barclays CC - to mcol

Nat West (over 6 years) no action taken yet

Creation Financial - awaiting statements since Dec

Goldfish - offer after prelim rejected

and some more

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Did you win that case Tink or take it any further?


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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£50k saved and £7k charges refunded:

MBNA & A&L 35% F&F direct - saved £23k. Birmingham Midshires £1700 charges refunded

Abbey Loan/BCW 50% - saved £2k. Barclaycard/CSL 40% - saved £6k

Monument/DCA 35% - saved £1k. LTSB/Wescot 50% - saved £4k

HBOS Visa £5k charges refund via Blair Oliver Scott

RBS Direct Line/(genuine) solicitors June 2010 40% - saved £3k

Morgan Stanley/Aktiv Kapital £11k SB Nov 2010

Over £40k balance write off and charges refunds to fight for:

HBOS O/d Charges £5k. Egg Loan/Aktiv Kapital CCA Dispute £8k

Egg Card/Fredrickson taking £5 monthly but CCA & Charges Dispute £4k

Goldfish/1st Credit DN/TN Dispute £9k. Capital One/CSL charges claim £4k

Barclaycard/CSL taking £5 monthly on £10k debt

 

I hope I have helped - if I have please hit my star - and recognise the others who have helped too.

Bigdebtor

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I have a question. If a bank takes money from your personal account to pay for a guarantee given personally for a LTD company, does this then become personal and regulated by the consumer credit act? If yes does that mean we can claim bank charges against the LTD companies bank account? If yes, can I still claim if the company has been liquidated?

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I have a question. If a bank takes money from your personal account to pay for a guarantee given personally for a LTD company, does this then become personal and regulated by the consumer credit act? If yes does that mean we can claim bank charges against the LTD companies bank account? If yes, can I still claim if the company has been liquidated?

 

mmm...?

 

If you have given a personal guarantee to a bank for a Limited company which went into liquidation, (presumably with the same bankers as you) and the bank has called in that guarantee and you haven't paid it, then I would imagine that the terms and conditions of your own bank current account (if it is the same bank) would carry a term that they have a right to all monies owed to the bank. - I'd check those terms of yours.

 

As for this turning into CCA - I cannot see how that might happen as I am struggling to see how calling in a guarantee would or could be deemed a loan, but perhaps you could explain why this thought has past through your mind as things often have twists which are not so evident first time around.

 

Explain your thinking Zentrix and let's look deeper.


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Sorry, double post


Cabot and the Cabot Fan Club Threads:

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/73598-dealing-cabot-101-cabot.html

 

Legal Actions Explained for Businesses:

http://www.consumeractiongroup.co.uk/forum/general-debt-issues/20492-legal-actions-explained-company.html

 

Payplan CCCS Advice:

http://consumeractiongroup.co.uk/forum/getting-out-debt/128587-info-cccs-payplan-experiences.html?highlight=Payplan

 

How to use the Forum

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

A click on the scales below is appreciated if my posts were helpful

Do not regard my postings or suggestions as professional advice. If in doubt seek a professional opinion.

 

PLEASE DONATE IF SUCCESSFUL - Every little helps :)

 

PLEASE, Do not Private Message me with basic questions, start your own thread and PM a link if you wish, but I will not be able to respond to all individual questions as I am very busy on numerous other things and anyway, others cannot learn from PM's. It also stifles contributions from the vast talent base this site offers from it's contributors and I'm not all that clever really! :D Thank you.

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Sorry, double post

 

On another note, I have seen my bank manager to tell him I will be off sick for six months and there won't be any money coming into the business account and could he look after things, I have no DDs etc so not a problem. Two weeks ago and into OD by £2 1/2 k.the bank rung up to say they wanted £100 per month into the account or they would send out demands for immeditate repayment.The reply was this.. I have an agreement with the manager and would not change it. She pressed me to pay £100 into the account or else. I said if that was the case I would use contract law and Common Law demand three things; 1.A lawfully binding contract signed by both parties, 2. Validation of the debt with full accounting to prove the lending was not created from the Fractional Reserve System and 3. A consideration of the contract.She came back after her shock from asking advice to offer £20 and said she would confirm in a day or so. I said no and have not heard in two weeks.

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I have a question. If a bank takes money from your personal account to pay for a guarantee given personally for a LTD company, does this then become personal and regulated by the consumer credit act? - It IS personal but not regulated by the CCA. The bank can exercise the Right to Set Off from your personal a/c to pay a guarantee if you failed to pay the guarantee on demand and the Ltd Co and your own a/c's are with the same bank.

 

If yes does that mean we can claim bank charges against the LTD companies bank account? - No because you can't reclaim such charges.

 

If yes, can I still claim if the company has been liquidated? - If there were any reclaimable charges, they would be repaid to the Liquidator.

 

:wink:


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hi everyone

just enquiring if anyone here has a base rate commercial loan or mortgage I have just found out after nearly 4 years that my bank when the base rate altered in 2009 from 4.5% to 0.5% reduced my interest charges but have never reduced my payments or informed me that they could be reduced. They have told me that they are not obliged under the terms of the agreement to do so, which means that despite many occasions over the past 4 years having discussions specific to increasing cashflow, being moved to special situations for apparently having cashflow problems ( which I didn't), they still did not not deem it necessary to inform me that I was overpaying my commercial loans to the tune of £ 800 per month. my advise to anyone with a commercial loan or mortgage "CHECK IF THE BANK HAVE REDUCED YOUR PAYMENTS". You could well find that they havn't

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Hello,

I have had a business account for about three years now. Business has been bad, and my balance fluctuates. I asked my bank (Santander) if I could have an overdraft facility. They refused on the grounds that I had periods of being overdrawn. i have since found out that they have been charging me even though they allowed the transaction knowing I did not have the funds in my account. Meanwhile I thought I made these payments thinking I did have the money as the bank had approved it. The charges now add up to nearly £2000, and any money that goes into this account is being swallowed up by these daily charges and penalties.

Any help with this would be greatly appreciated, especially how I should word my letter to Santander for a refund of these charges.

Thank you.

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I d love to know on what basis youd ask for the charges back business account reclaims are worse than personal I cant see any reasons in what you say to try to force santander to pay them back as its your errors not theirs ...id love to get mine back sorry cant be any more help apart from saying switch banks ....regards Gary

Thank you.

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I have a meeting with my bank manager on Monday. I feel that Santander should (maybe) accept some responsibility in allowing transactions to go through when funds were not available. How many people check their balance every time they pay for petrol etc (no large purchases)? I do believe I am being exploited here. Maybe I am naive, but right now I am working to pay Santander costs, and unable to pay bills etc.

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I have a meeting with my bank manager on Monday. I feel that Santander should (maybe) accept some responsibility in allowing transactions to go through when funds were not available. How many people check their balance every time they pay for petrol etc (no large purchases)? I do believe I am being exploited here. Maybe I am naive, but right now I am working to pay Santander costs, and unable to pay bills etc.

 

Are you mad its your responsibility to make sure funds there bank has 2 choices pay the item which means your over an overdraft limit and will pay a charge or return it and then there will be a charge . Its not up to the bank to manage the account thats your job . You say how many people check their bank account well your supposed to and in my view its your fault tnot theirs all they are doing is trying to make as much money out of you as they can . You have no valid reason to get any money back at all Id ask for it as its worth a try but dont be surprised if they say no they have no reason to give it back if its their error yes you may have a case but its not .

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I suspect the meeting will be a whitewash and they'll say the responsibility is yours, to ensure you have funds when you make payments.

 

You could anticipate this and have a schedule of their charges for the 3 years. Ask the manager if he's willing to make at least a partial refund as a goodwill gesture, failing which you'll move your banking elsewhere.

 

You should also mention the responsibility of the bank to treat you fairly imposed by the BCOB regulations - http://www.consumeractiongroup.co.uk/forum/announcement.php?f=7&a=220

 

You are entitled to protection whether your are an individual or a "micro enterprise". Research over the weekend so you are prepared for your meeting.

 

:wink:


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Hi, I've searched for a while but can't seem to find a definite answer to the following;

 

I was Director of a small Ltd Company which closed over 6 years ago. We had loan facilities and overdraft facilities through the time of the business. I believe there may be charges which were unfair and can be claimed. Am I, as Director of that company able to claim charges?

 

Any help would be greatly appreciaed.

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Hi Madferrit,

 

In a word, No !

 

Given the age of the charges you refer to, plus the fact that the Ltd Co no longer exists as an entity, you will get nowhere with this.

 

Even if the a/c was still running and you tried to reclaim recent bank charges, you would be hard pressed to succeed. :sad:

 

:-)


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Thank you Slick132. That was what I suspected, but I just needed the clarification. :)

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Thank you Slick132. That was what I suspected, but I just needed the clarification. :)

 

What about if the bank took the money from a directors personal account as payment for a personal guarantee, would that come under the cca and allow bank charges reclaim as it was not the company but an individual?

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Hi Zentrix,

 

If money was owed to the bank for a personal guarantee, the bank have the right to take it from a personal a/c but this has little or nothing to do with the CCA 1974.

 

Default charges made to a personal a/c are unlikely to be reclaimable unless the person is experiencing Financial Hardship.

 

:-)


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Ok, I thought I read somewhere that when the personal guarantee is called in for a business account and the bank take it,it then becomes personal and not business and then the rules under the CCA 1974 apply.

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