Claiming on a Business account? Lets join forces?

[jezzyjet]

hi all i got charged around £450.00 for my overdraught! daylight robbery it cant cost any more to process an overdraught of say 10k or one of 40k they only hit a few buttons,is this a case of unjust enrichment? all advice appreciated jezzy

[keithandjen1]

just noticed this thread. i have a pre-lim hearing against scabbey abbey on the 24th august in romford. Mine is a business claim for a sole trader account; is it likely to be stayed?
also, i was told i don't need any paperwork, but surely some is advisable, isn't it?
the claim is for about £1000, like many people, i turned down 65%, probably that was a bit rash in the light of events, eh.

[Celicaman]

Who told you you dont need any paperwork, ring the court & ask them to confirm.
I would take basic stuff anyway in case, IE copies of summary charges sheet, etc.
Make sure Judge knows it is for a business claim if they try to stay claim.
Business Claims are not same as personal claims as we dont rely on the UTCCR so claims will not be effected by OFT claim as that is what they are using to fight the charges.
If not already allocated to small claims, ask judge to allocate to small claims
Celicaman

[TUTTSI]

Hi
Business claims should not be affected by the OFT Test Case as you are not reying on the UTCCR's. But knowing the courts and the banks they will try it on and put it in the same caticgory. You can always make a request to set aside the stay for a cost of £35, but hopefully in your case it should not be necessary.
DS

[keithandjen1]

thanks ever so much guys......it was the court employee i spoke to on the phone who said i didn't need any paperwork as it was just a pre-lim hearing. to be honest i was going to take some( schedules etc.)anyway, but i was kinda hoping that they would settle before; i can't see it now, but you never know......

[Muffintop]

Hya Im waiting to file my claim via n1 at cc, all ready to rock but cant seem to get a definite answer re a poc for a trading as buss account, same as a sole trader. heard photoman was putting something new together expecially for a lloyds bus account. can anyone help me as dont want to leave it too long but also dont want to jump in. cheers skeggsy (ps my signature thing seems to have disappeared and its there but not coming out, any idears? SKEGGSY

[photoman]

I have PM'd you skeggsy, but for the benefit of all who are viewing this thread and may be confused, or think there is a new POC in the pipeline, or should hold fire on their claims, I am posting a response to your post here.

I am personally not working on a new POC for Business claims specifically in response to the OFT case, as IMHO I don't think any modification is really necessary.

Others may be working on new POC's, but these are predominantly orientated towards consumer claims, so care should be taken if using them in whole or as part of a business claim POC.

I think the current POC's in use by Business claimants are sufficient.

My own view (shared by many other business claimants) is that as the basis in law for the OFT case is consumer specific, it should in theory not have a bearing upon Business claims.

As such, we do not need to amend our POC's, and should instead be discussing and preparing our responses to any applications for stays by the defence that cite the OFT case.

When responding to the defence we need to be able to put forward our reasonings against a stay being granted.
eg;
Our claim is not based upon consumer laws such as the UTCCR etc, whereas instead the OFT case actually is.
Thus, as the outcome of such a case should have no bearing, influence or relevance upon the matters at hand, our own case should be allowed to proceed.

So, everyone, use the time between submitting your POC and receipt of defence to look into and compose such arguments.

PM

[monkey_man]

I have realised that I haven't claimed for overdraft fees which I am bound to have been charged when cheques have been honoured etc as I read somewhere to limit my claim to under £5000 as it would be easier on MCOL. After being advised the N1 route can I now add these fees to my claim before filing and would I need to inform A&L when I reject their offer which all claims recieved after the test case was announced? Thanks again for the help and sorry but i'm not the best in taking in new knowledge!

[GuidoT]

I have responded on your thread. Please only ask your question once and stick to your thread:
Business account with Alliance & Leicester/Girobank

[Muffintop]

Originally Posted by skeggs885

Hya Im waiting to file my claim via n1 at cc, all ready to rock but cant seem to get a definite answer re a poc for a trading as buss account, same as a sole trader. heard photoman was putting something new together expecially for a lloyds bus account. can anyone help me as dont want to leave it too long but also dont want to jump in. cheers skeggsy (ps my signature thing seems to have disappeared and its there but not coming out, any idears? SKEGGSY

thanks guys, will you check my thread skeggs n nailard v lloys bus acc
have posted a poc on there waiting to post it off, think it came from french connection who got it from gary mod, it seems a bit short but guess that may be ok. its a trading as acc. cheers skeggsy

[Celicaman]

Skeggsy,
Sigs only appear when your post is over a certain size, IE when more text is in it, so like this post now my sig does not appear, You gotta learn to waffle more like me LOL

CM

[groovycaz]

Hi all
Today I recieved the Cooperative Business Banks Defence, they neither admitting or denying my claim until they recieve copies of my statements, which crossed in the post with their defence, they claiming that my entire claim is statute barred and are asking for a preliminary hearing of the limitation issue so that the matter can be dealt with in the most fair and cost effective way, better PM a mod with my claim details..Gc

[PeterAnderson]

Did they refer to WHICH (or should that read WHAT - oh grammar) statute they say bars it ??

[groovycaz]

Yes, because the entirety of the claim arose more than 6 years prior to the issue of proceedings and the claimant seeks to rely on s32(1)(b) of the limitation act..Gc

[TUTTSI]

Originally Posted by groovycaz

Yes, because the entirety of the claim arose more than 6 years prior to the issue of proceedings and the claimant seeks to rely on s32(1)(b) of the limitation act..Gc

Grovycat, what interest are you relying on 8% or contractual/compounded!
DS

[groovycaz]

I used some of the POCs that peteranderson posted on photomans thread and submitted 3 spreadsheets included CCI at the unauthorised rate of 34.49% which was the rate I was charged as I never had an overdraft also as an alternative, their authorised rate and 8%..Gc

[TUTTSI]

Originally Posted by groovycaz

I used some of the POCs that peteranderson posted on photomans thread and submitted 3 spreadsheets included CCI at the unauthorised rate of 34.49% which was the rate I was charged as I never had an overdraft also as an alternative, their authorised rate and 8%..Gc

and how back are you claiming!