Hi Zooman. I have not yet issued the claim in the court as I am a bit nervous about the POC. The thread Booth v Yorkshire Bank has made me a bit wary. Any possibility you could give me some idea of what to say in the POC. Thanx PS have noticed that you said to quote UCTA 1977. But that is one of the things he says I cannot rely on.

Have received the following today from Neil McKirdy. Dear Mr ***** I refer to your letter dated 29 January 2007, seeking to reclaim charges applied to the above business account. You have sought to rely on the following legislation as a basis for your claim: 1. Section 4 of the Unfair Contracts Terms Act 1977 ("UCTA"). 2. Para 8 and Schedule 2(i)(e) of the Unfair Terms in Consumer Contract Regulations 1999 ("the Regulations"); and 3. Section 15 of the supply of goods and Services Act 1982("SGSA") Section 4 of UCTA relates to contract terms where one of the parties to that contract is a consumer. Section 25(1) of UCT provides that "Consumer" has the meaning assigned to that expression in the definition in the same section of "Consumer Contract". "Consumer Contract" is defined as a contract in which one party to the contract deals, and the other party to the contract ("the Consumer") does not deal or hold himself out as dealing, in the course of a business. You deal with the bank in the course of your business. You cannot therefore rely on Section 4 of UCTA. Section 3(1) of the Regulations provides that in these regulation, "Consumer" means any natural person who, in contracts covered by these Regulations, is acting for purposes which are outside his trade, business or professions. As noted you deal with the Bank in the course of your business. You cannot therefore rely on the Regulations. Section 15 of SGSA provides for a term about consideration to be implied into a contract where, under contract for the supply of a service, the consideration for the service is not determined by the contract. The Terms and Conditions of the Contract between you and the bank provide the consideration to be paid where you use the unauthorised overdraft service provided by the bank. Section 15 is therefore of no relevance to this claim. Further, your assertion that the charges are a penalty and therefore unenforceable is misconceived; the law of penalties is only an issue in relation to breach of contract. You have not breached your contract with the Bank as the terms and conditions provide for the event that you exceed your limit on your account. In the circumstances you have no basis for a claim against the Bank. ******END****** I Would very much appreciate your comments and some advice on where to go from here. Thanx.

Hi Goodison, If you look at the thread Business Claims Against Yorkshire Bank I have put up details of a letter received today regarding my friends business account. I dont know if what they are saying is correct, haven't had time to check it out yet or ask any of the mods for their opinion. However you may find it an interesting read. Don't give up I am sure we will find a way eventually Best Regards Lizzy

Since my last post I have been trawling the other threads relating to Business Accounts and came across Booth v Yorkshire Bank. It has made me a bit nervous to say the least. I was wondering if apart with quoting the UCTA along with Dunlop Pneumatic v New garage etc if it would be ok to say that Business Account claimants with accounts at other banks have been successful when quoting this legislation. Just a thought. Any comments would be appreciated.

Good Luck PG. I am watching your thread along with Booth v Yorkshire Bank, very closely. I am going to try to claim back £13K on behalf of a friend who has a business account with Yorkshire. Have been a bit nervous though about the POC given the problems Goodison has had. Doing some extra research before finally submitting the claim. Hope all goes well for you, will continue to monitor your thread. Lizzy.

Well Done Marie - all power to you for holding out.

Hi again Zooman. Sorry I was having a rant in my last post and idn't get round to asking for the information I wanted. It is not a limited company.. The bank account name is ****** T/A ******. Could you advise me which template I should use when completing the court forms. Thanx.

Thanks for the reply Zooman. I can see where you are coming from but my friend is a publican and everything was ok until last year when the licensing laws changed. He had incurred some charges prior to this but nothing compared to the last eighteen months. He had to employ external licensed Door Staff just to open the pub on the weekends and get CCTV fitted etc, etc. It is not a very big pub and all this legislation hit him hard. He did on more than one occasion approach the bank and explain his problems to them and they more or less said Tough. He has now remortgaged the premises which was extremely difficult to do because of his record with the bank. He used some of the money to pay for his staff to be trained so he no longer has to employ outside door staff. He is now financially back on an even keel. We now feel it is pay back time for the bank as they did not support him in his time of need. He has been banking with them for many years and they did nothing to reward his loyalty. I think we will now say 'TOUGH' to them and claim his money back.

Thanx Elsinore. Have now started my own thread for the business account and one for my personal account. Am watching Booth v Yorkshire Bank with interest. Best of luck to everyone with their claims. As I said to Caro my confidence is growing by the minute with all the help from this site.

Hi again Caro. Just a note to say that I picked up your comments on the other thread and will be watching Booth v Yorkshire bank with interest. Will keepthis thread going for my personal account and start a new one for the business account when I decide how to proceed. Thanks again for your help - my confidence is growing by the minute!

Hi Caro, it looks like we are not only neighbours, we both burn the midnight oil as well! Thank you so much for the reply. Account 1 is my own personal account. Account 2 is my friends Business Account. In the early stages I was able to tackle both accounts at the same time. It looks like now I will have to deal with them at a different pace. I have ordered the Small Claims Lawpack from this site in order to continue with my personal claim. Want to make sure I get all the form filling right before puting it into court. As far as my friends business account is concerned as I have mentioned in other posts I am not really sure where to go from here. I sent the LBA and had a letter stating that as it was a business account the charges were not reclaimable. Do I proceed with taking them to court or should I try to compose a letter telling them why I can and give them another seven days? Would appreciate your opinion.

Caro, you are an angel. I have been searching the posts to find someone to help me with this very problem. Hope someone replies soon. I Have issued the LBA letter and had a reply saying that I cant claim back the charges because it is a business account. The account belongs to a friend who is a sole trader and the account is registered as '**** T/A ****'. Not sure where to go from here.

Thanks for the reply. Do you think then that we should ignore the letter and go straight to fast track or should I try to compose a reply and give them another seven days. Also do you know if there is a different set of forms for fast track? Thanx.

Hi Dolfos, firstly can I say what fantastic post's this thread has had, both from yourself and all the other contributees. All power to you, hope you take them all the way. I don't wish to appear to be hijacking your thread but I did post something in the Yorkshire Bank forum under business accounts but had no replies. I am trying to recover charges on behalf of a friend totalling approx £18,000.00. He is also a soul trader, his account with the bank is 'Personal Name T/A Business Name'. All the Prelims and LBA have been sent. Had a reply yesterday saying that as his was a business account he could not reclaim the charges. From reading this thread and some others like it I now believe this to be untrue. Although I know your circumstances are a bit different I was wondering if you had had a similar response and if so what was your reply to the bank. Would appreciate any info you can supply. Lizzy.

Hi all, as you know I am claiming back my charges from the bank for my personal account. I was singing the praises of CAG to a friend. He is in business, working for himself and has also suffered horrendous charges from Yorkshire Bank which have almost resulted in him going bankrupt at one stage. Can anyone tell me if he can use the same procedure for his business account as we are for our personal ones or is there a different set of rules for him. Any help would be appreciated.

Thanks PJ as you said someone will clarify this I am sure. I know I am being a bit paranoid but I wondered what happens if you claim for something on your schedule that is not refundable. As you will guess from the amount I am claiming I have suffered long and hard with this bank. I triple checked the charges I am claiming but have been thinking would an error invalidate my claim and would they wait until the last minute to tell me so. Do you think they check each charge on the schedule? Also as I stated I have sent the LBA's to Glasgow, will it be ok to change the address to Leeds when (notice I didn't say IF) i go to small claims. Would appreciate any comments of info. Thanx.

Thanks PJ, yes I did the prelim and got the usual letter back. I then requested my copy statements and did all the calculations. As you said it is a large amount so I was wondering about how to handle the sum on Account 1. Am I right in saying that there is an upper limit of £5K in the small claims. Would appreciate any help.

Well, here goes. Have just sealed the envelope containing LBA's for two seperate accounts which I will be posting recorded delivery tomorrow. As all previous mail regarding my claim has come from Neil McKirdy I have addressed it to him direct. Amounts claimed: Acc. 1. £13,118.61 + 8% = £15,881.17 Acc. 2. £2,720.48 + 8% = £3,036.22. I was feeling almost suicidal about these charges but reading all the posts on here has inspired me to go for it. I will keep you posted on my progress.

Hi, I am new to this site and just starting out on my journey to get my money back. I have received my copy statements for the past six years from the bank. I have charges under the headings Charges, Unauth O/D Fee, Debit Under Advice, Unpaid DD Charge and Unpaid Chq Charge. Can you tell me please which of these charges I can claim back and which of them I can apply the 8% interest to. Many Thanks. LizzyBee