Club Account - unusual question....

[pward33]

I am one of two signatories on what I believe Lloyds term a "club account" for a now defunct small voluntary group. The group was not a charity as such but an unincorporated association. The account still exists but is not used and just has a few pounds in it. Although there are two signatories, just one or other of the signatories can sign cheques etc, it doesn't have to be both. The other signatory is my ex - who would not help me in any way

 

The account was subject to various charges - not a fortune, but worth having. Can anyone advise whether I, given that my signature alone was enough to sign cheques etc, would have the legal capacity to reclaim these charges? Although the group itself doesn't exist, several similar struggling groups do and it would be great to be able to give them the reclaimed charges!

 

If so, would I bring the claim in my name or the name of the group; I'm not sure whether an unincorporated association has what they call "legal personality" which is required, as I understand it, before it can sue.

 

Any advice appreciated!!

[pward33]

Anyone?

[PeterAnderson]

As far as I know (no expert) I think I would claim using exactly as it says on the bank account name - anyway this post will 'bump' and hopefully and expert will see this

 

Best of luck

[pward33]

Cheers Peter, appreciated. Just want to be certain before making an elementary mistake that will get the claim struck out

 

No "experts" able to confirm this...?

[Carpetbagger]

Hi Pward,

sorry its way after the event, I dont know how you are getting on. You are in exactly the same position as me, and yes, you can reclaim these charges!

I have Yorkshire Bank club account for a small not for profit organisation and they have classed it as a 'Non-standard Business account'

You will need to reclaim them as a business, not as an individual, so you rely on well established Common Law, not Consumer law as you would in the case of a personal bank account.

This thread here explains exactly what to do and provides template letters

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

 

Alternatively to taking them to court you could get the Financial Ombudsman to sort it out, as business claims are not affected by the banks Court Case being heard at present. They wont get you any interest on the fees though, to do that you have to go to court.

Hope this helps, only 8 months late!