This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 03/05/19. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support their. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

Strictly speaking he's correct HOWEVER if they charge consumers at the new low consumer rate but continue to charge business's at the higher rate (for providing the exact same service) they would be showing that the business cost included a significant profit element (around 100%) thus further strengthening your case that the bank is profiteering from your breach. t

lee - it won't happen and no small claims court would have the authority to force the disclosure of such information. Personally if it's a choice between having to waste a day going to court, the applying for a warrent, serving it, following it up etc. or just making one phone call (to broker an OOC settlement) and still ending up with the exact same ammount but faster and without all the hassle i know which i would choose.....

erm, if they havn't rung you and you havn't rung them then nothing will happen. Try it!

Just out of curiosity - have you tried phoning Nationwide's Legal people; NOT to pester them about filing a claim but under the pretext of "keeping a dialogue open" - if you do so and are prepared to listen to their waffle for 20 mins you'll probably find they'll offer to settle more or less there and then.

//sigh// the UCTA would apply - you're correct that the UTCCA wouldn't apply but as i've touched on in this post and elsewhere the defense they submitted was riddled with errors & didn't actually tally up to the assertations made in our claim - this citation being a prime example. This is all by the by though as it does all seem to be tied up now.

Manual Intervention - don't worry about it; the hope is that by enough people asking at some point the bank will slip up and make a statement that can then be used against them by everyone else. It's not an essential part of your claim. Lloyds TSB business WILL put you through the mill on this one - they fired all sorts of alligations at us to try and scare us off (It's fraud, deception, you could be sued, if you lost ou'd have to pay costs, etc) but once you get past the business banking departments and on to the solicitors things get a bit more civil. t

As mentioned an un-official dialogue has been continuing and the terms of an OOC settlement has been agreed - just waiting for all the processes to be completed so we can mark this one as settled

summons issued, defense filed and court process ongoing. In the meantime discussions ongoing for OOC settlement

It's been covered elswhere but basically you're only going to get offered the most basic business banking facilities (you can forget being able to take credit cards etc). The best people - relatively speaking - for poor status "trading as" business accounts are Nationwide Building Society & Lloyds TSB. It's worth hasseling whoever you have your personal account(s) with and explaining to them that you need a basic named account - they do have the authority to over-ride credit scores if you can get them on your side.

It won't achieve anything and you won't feel any better for it - the absolute best that could possibly happen is that the bank manager walks out of his office, takes the envalope from you then walks back to his office. It's infinitly more satisfing taking the claim form to the court and watching the clerk process it, finishing off by taking a big rubber stamp and stamping your form - then 10 days later getting a letter telling you that the summons has been issued and everything has been done properly. If you're not planning on making any noise / scene then again there's no point doing it and if you do make a scene you'll just damage your own position and make the people that see you think you're a crackpot. There's an overwhelming urge to "embarrase" the bank, to try and humiliate them it's completely understandable but i've got news for you- on your own you don't stand a chance. Treat the banks like they treat you, with a cold, clinical efficency and rigerous attention to "the process", that way in a few weeks time you'll either have a court judgement against them (which you CAN then use to embarrase them) OR you'll have them come crawling to you despartly trying to get you to drop your case.....

Personally i wouldn't 1) there's a wealth of legal pitfalls and potential complications - if you make any mistakes you've ruined everything 2) it won't achieve anything 3) youl be giving innocent staff complete hell 4) At best you'd only inform a couple of customers who happen to be near you (if you started shouting about it you'd probably be arrested for breach of the peace) and they're more likely to dismiss you as a crackpot and/or be told by the staff that you're a crackpot. 5) it won't actually achieve anything 6) it won't actually achieve anything. Let the court do it for you = less hassle and you still get the same result.

If the company is wound down properly then it's assets and rights can be assigned to a third party (typically shareholders). If you've done the wind-down properly and you have the necessary authority then you can persue the claim because you own those rights. The issue of deviding up any settlement you receive will depend on your unique circumstances and the liabilities at the time of wind-down.

If it is your business account you're claiming on then there's an exceptionally good chance they will close the account - it seems to be normal practise so make sure you have paracute accounts and facilities available. If you're claiming on a personal account but also have a Ltd Co account with them (or vise versa) then you may well be able to include a term in settlement (should you be offered an ooc settlement) the protects the other account from being closed - but don't rely on it. t