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Reply to request for business charges


iwozrobbed
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Hello again - on 7/3 I sent by registered post a request for repayment which was your suggested template for business accounts - quoting Dunlop vs New Garage along with the excel spreadsheet of charges.

My response received today states - 'The Office of Fair Trading has published new quidelines on credit charge default charges. We're still talking it through with them , but the important point is the guidelines are about default charges that people pay when they break an agreement with us. This doesn't apply to your charges as these were for dealing with your request to go over your agreed overdraft limit. They are not default charges because you haven't broken your agreement. They are our prices for the service we provide in these situations. I've noticed that you've referred to the Unfair Contracts Act 1977 and the Unfair Terms in Consumer Contracts Regulations' (did I???) 'but these don't apply to you as you're a business customer and these acts and regulations only apply to consumers - I can't agree to refund or cancel your charges.'

I am confused, the template letter mentions neither of these acts does it? and my request was for £3400.00 worth of £27.50 and £30 charges for unpaid direct debits and bounced cheques, in some instances £90 worth per day. I am stumped for what to do next as I do not understand the content of their letter and therefore whether I have a valid claim to pursue. Any guidance would be gratefully appreciated as these charges are the tip of the iceberg compared to the stunts Lloyds pulled on us over a two year period, and you just get tired of rolling over! The reply came from the recovery centre in Andover.

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Hi iwozrobbed.

 

That letter is a load of old flannnel. It doesn't mean a thing. For more (and correct) information on the OFT reports, have a read of this thread.....

 

http://www.consumeractiongroup.co.uk/forum/general/70359-about-oft-not-so.html

 

Carry on with your claim. You will succeed.

 

Good luck.

Regards, Rooster.

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Spend a few days reading the FAQs and the step by step guide in the library section. That will answer your initial questions.

 

Proceed with your claim in the same way as for a personal account, but you cannot use the unfair terms in consumer credit argument because businesses are not consumers.

 

Your letter before action can be founds on this link....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html

 

Also check this thread.....

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

 

Hope this is of some help.

 

Regards, Rooster.

If this has been useful to you, please click on the scales at bottom left of post. Thanks.

 

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