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UTCCR
Sole Traders have oft be told they can claim under UTCCR....I don;t think they can. However I think it is something needs looking into further urgently.
UTCCR 1999 covers business to consumer - the only way it could apply to business accounts were if the charges were incurred outside of the course of the business.
But as it is a business account by definition the charges are incurred as a business transaction.
UCTA
This only covers terms which limit liability.
Liquidated Damages
Common law based on the charge being triggered on a breach of contract. With penalties out then this is also out.
EU Directives
COUNCIL DIRECTIVE 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts - only apply to consumers (
(b) 'consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business or profession; )
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REPORTS/INVESTIGATIONS
Unfair Contracts Bill - Law Commissions
So we're back to this final report draft bill.which isn't in yet.
and the government response - http://www.berr.gov.uk/files/file34128.PDF
Its pending regulatory impact assessment.
Going to ask some questions of some people about it.
COmpetition Commission Report 2002
Summary of report (html format) Full text (pdf format) http://www.competition-commission.or...2/462banks.htm
The Office of Fair Trading: Small and medium sized enterprise (SME) banking review.
• The Supply of Goods and Services Act 1982
requires a supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out that service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.
Sole Traders have oft be told they can claim under UTCCR....I don;t think they can. However I think it is something needs looking into further urgently.
UTCCR 1999 covers business to consumer - the only way it could apply to business accounts were if the charges were incurred outside of the course of the business.
But as it is a business account by definition the charges are incurred as a business transaction.
UCTA
This only covers terms which limit liability.
Liquidated Damages
Common law based on the charge being triggered on a breach of contract. With penalties out then this is also out.
EU Directives
COUNCIL DIRECTIVE 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts - only apply to consumers (
(b) 'consumer' means any natural person who, in contracts covered by this Directive, is acting for purposes which are outside his trade, business or profession; )
================================================== ===============================================
REPORTS/INVESTIGATIONS
Unfair Contracts Bill - Law Commissions
So we're back to this final report draft bill.which isn't in yet.
Originally posted by law commission
Its pending regulatory impact assessment.
Going to ask some questions of some people about it.
COmpetition Commission Report 2002
Summary of report (html format) Full text (pdf format) http://www.competition-commission.or...2/462banks.htm
Originally posted by [SIZE=3
The Office of Fair Trading: Small and medium sized enterprise (SME) banking review.
• The Supply of Goods and Services Act 1982
requires a supplier of a service acting in the course of business in England, Wales and Northern Ireland to carry out that service with reasonable care and skill and, unless agreed to the contrary, within a reasonable time and make no more than a reasonable charge.
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