Claiming on a Business account? Lets join forces? - Page 21

ermie · 19th June 2007, 12:39

I have spent all weekend reading this site and having completed prelim and lba stage I then went onto POC and filled out N1. Was going to issue at court this week but having read all these posts I have a couple of questions. I hadn't realized you could include contractual interest, we don't actually have an OD facility but could we still claim this and if so would I need to start process again?

Ermie

Celicaman · 19th June 2007, 13:15

Quote:

Originally Posted by ermie

I have spent all weekend reading this site and having completed prelim and lba stage I then went onto POC and filled out N1. Was going to issue at court this week but having read all these posts I have a couple of questions. I hadn't realized you could include contractual interest, we don't actually have an OD facility but could we still claim this and if so would I need to start process again?

Ermie

Hi & welcome to CAG
Firstly you can claim unlawful charges back. ( not including true services & charges for cheques, DD, SO & Credits)
2. You can try to claim the interest back that was charged on the charges.( only applies if you were always in OD, as if you were not, then they were not charging you interest on the charges, so how can you claim it back.

3. You can try to claim CI on the actual charges. (If you won in court you may/may not get this, but would be awarded Statute 8% interest by the court). It is worth reading up on as recent event (in the last week) on CI claim has put a hold on this cause of action being pursued. Advise read up on it before deciding.

4. You can try to claim CI on the overdraft interest charges. Again this does not apply if you were not OD all the time.

Hope that helps, i want to go CI as well but await further advice on CAG as to claiming it due to a recent case.

Celicaman

Mucho · 19th June 2007, 21:06

Hi,
I posted this question elsewhere and was advised to post here.
I had an unauthorised overdraft of around £1500 plus a business loan of £10,000 with barclays, i couldnt afford to pay them back so barclays closed my account. I later settled this debt with a debt collection agency (around 75% of the original total). Part of this unauthorised overdraft were several charges i.e returned direct debits etc. I want to know if i can claim back these charges despite the fact that they are part of a larger debt that i did not fully repay????

I also received a letter from barclays saying that the debt had been settled (or something to that effect).

Can anyone help?

Thanks

passivenomore · 19th June 2007, 21:39

Hi all...

I've just sent my original T&Cs for my business bank account with Abbey to the CAG evidence e-mail address. The account was opened in June 2002. If anyone needs these urgently, pm me your e-mail address and i'll forward them.

Good luck!!!

ermie · 20th June 2007, 10:18

Having done the prelim and LBA stage I have done my POC and N1 forms but have to say I am loosig my nerve. can not afford court costs as I am now on maternity leave and will shortly have no income except my husbands and although if I felt we would win I'd find the money some how. Just read Gillin thread who has just lost, how common are these cases? and what costs are incurred if you loose.

Ermie :o

photoman · 20th June 2007, 12:00

Quote:

Originally Posted by ermie

Having done the prelim and LBA stage I have done my POC and N1 forms but have to say I am loosig my nerve. can not afford court costs as I am now on maternity leave and will shortly have no income except my husbands and although if I felt we would win I'd find the money some how. Just read Gillin thread who has just lost, how common are these cases? and what costs are incurred if you loose.

Ermie :o

Ermie,

Firstly you may be exempt from paying the court fees in the first place, or at least only expected to pay a reduced rate.
See here:
http://www.hmcourts-service.gov.uk/c...x160a_0406.pdf

Also, regards your concerns about being liable for costs should you lose, then the whole overriding principle of Small claims, is that you are NOT liable for any costs should you lose.
How much is you claim total? If it is below £5k, it will almost certainly go into SCT with a no costs ruling. Even if slightly above, or a simple matter then the courts generally apply this anyway.
Regards losing, I have not read Gillins thread, but it is very unlikely that you would lose if you follow the route and advice on this site.

PM

ermie · 20th June 2007, 12:32

Thanks for advice will read link I'm claiming on behalf of my husband and is under 5K but although at court stage i feel I am nowhere near ready for this. I do not feel confident enough to stand up in court and fight my corner, obviously alot more to learn. Perhaps jumped in before doing enough research should have paid more heed to PM coments. Is the book a good buy for this final hurdle.(Small claims procedure a pratical guide) Also I nee T&C for 2000. Will try link as no joy at home although a complete hoarder.
Can I go to court on behalf of my husband - signatory on his account and sign his N1 forms?

Ermie

ermie · 20th June 2007, 12:48

Remember reading a posting on contractual interest where someone had placed a link to a spreadsheet, now can not find it, can anyone help?

Ermie

tina9776 · 20th June 2007, 13:14

Could someone please help with a bit of advise. I am about to file a claim for my husband's business at MCOL but as he is self employed do I fill in the bit for him as an individual or organisation. His business account is separate from his personal one and is not a Limited company. Would be very grateful for any advice.

photoman · 20th June 2007, 13:15

Quote:

Originally Posted by ermie

Remember reading a posting on contractual interest where someone had placed a link to a spreadsheet, now can not find it, can anyone help?

Ermie

Ermie
If you are worried and concerned about doing the basic claim with stat 8%, then I would strongly advise that you do not even consider a claim for contractual interest.
Such a claim is a LOT more difficult, and risky in that it is still a very untested ground and principle.
I believe that the majority of Mods on CAG now consider that claims for Contractual interest have very little or no grounds for success, and carry a much higher risk of failing or being thrown out.
As such they are not encouraging people to go for such, and will not be able to give you much support or encouragement.

ermie · 20th June 2007, 18:19

Thanks PM wanted to make sure I wasn't doing myself out of too much extra money.

Ermie :o

kevvy1 · 21st June 2007, 09:24

i already have copies of the guarentees with the court papers. The 8k is for charges alone interest to be added

tina9776 · 21st June 2007, 12:37

Bump, bump, it's time for me to file on MCOL for my husband's business but I do not know whether I put him down as an individual or an organisation. It's a Partnership - just him and me - so do I put this down as an organisation. It's not a limited company. Please could someone advise.
Thanks.

monkey_man · 21st June 2007, 21:55

can somebody confirm please what i need to send next as I had an offer from prelim do I send a rejection letter or do I go on with my LBA please help!

Celicaman · 21st June 2007, 23:18

Quote:

Originally Posted by tina9776

Bump, bump, it's time for me to file on MCOL for my husband's business but I do not know whether I put him down as an individual or an organisation. It's a Partnership - just him and me - so do I put this down as an organisation. It's not a limited company. Please could someone advise.
Thanks.

You put it down as an individual, The bank is an organisation.
Either put your name or his down, its no difference, you are partners

Celicaman

businessaccountrefund · 22nd June 2007, 13:54

Hi, completely new to this forum. We are a limited company trying to claim back our charges. Does anyone know where i can get a step by step guide on how to claim back charges? These guides are everywhere for personal accounts and are so simple. Really appreciate any help or advice.

Celicaman · 22nd June 2007, 14:32

Quote:

Originally Posted by businessaccountrefund

Hi, completely new to this forum. We are a limited company trying to claim back our charges. Does anyone know where i can get a step by step guide on how to claim back charges? These guides are everywhere for personal accounts and are so simple. Really appreciate any help or advice.

Hi and wewlcome to cag, all you need to know is available on here somewhere.

http://www.consumeractiongroup.co.uk...sic-guide.html

Also click on the thread at the bottom of here, it takes you to the templates Library where you will find basic template letters for all you need

Celicaman

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