Claiming on a Business account? Lets join forces?

[TheyrCriminals]

Can I request some input on this issue from a Moderator please?

[zootscoot]

The penalty argument was not in the OFT's particulars of claim because they were part of the banks counterclaim to which the OFT responded. So the penalty issue was covered in the test case. Although in relation to business T & Cs they tend to be more explicit in relation to breach of contract than the personal T &Cs.

[TheyrCriminals]

Hi Zoot,

Therefore should complainants be pursuing the legal avenue in relation to reclaiming penalty charges on business bank accounts at this time, which is what this thread has been claiming we should be doing?

TheyrCriminals

[JOSH_IOU]

No .........complaints should be pursued via the civil court.
This is a civil business proceeding and the FSA waiver dose not cover this.

[TheyrCriminals]

Hi Josh,

What do you mean? The claim IS being pursued through a civil court!

TheyrCriminals

[TheyrCriminals]

Hello Again Zootscoot,

In addition to my question to you, did you mean to say counterclaim? Are the banks counterclaiming? Or did you mean defence?

TheyrCriminals

[JOSH_IOU]

The small claims track is part of the civil court.

The civil court can only hear civil matters.
and the criminal courts can only here criminal matters.

Unless you have a big combined court and they would be called the criminal or civil section (s).

[JOSH_IOU]

Please do not be put off reclaiming your charges.
These charges are unlawful.
They must be able to prove there costs are lawful.

And without a full break down this is not possible.

[JOSH_IOU]

As a business owner you should no this.

[freakyleaky]

Should "no" what?

[freakyleaky]

Originally Posted by JOSH_IOU

The small claims track is part of the civil court.

The civil court can only hear civil matters.
and the criminal courts can only here criminal matters.

Unless you have a big combined court and they would be called the criminal or civil section (s).

Sorry but you have completely lost me James. Who mentioned Criminal courts?

[JOSH_IOU]

ummmeeerrrr they should know that to prove a charge is not a penalty toc's are not enough.

They have to provide a Full break down of charges to prove a charge is lawful.

[freakyleaky]

So why should a business owner know this? Unless the business is a Bank of course!

[JOSH_IOU]

Claiming on a Business account? Lets join forces?

[JOSH_IOU]

They should no this because the terms of contract are supposed to be lawful. A good business person will keep accurate records.

If a consumer asks for a full break down of charges then the company should be able to provide them.

If they are not able to provide them how can the business man prove the charges are lawful?

[TheyrCriminals]

Originally Posted by JOSH_IOU

No .........complaints should be pursued via the civil court.
This is a civil business proceeding and the FSA waiver dose not cover this.

Josh,

I haven't understood what you have been talking about from the word go! Of course I have been pursuing my claim in the civil courts, namely the County Court! I haven't commenced action in the Magistrates court and asked for a commital to the Crown Court in the hope of a successful prosecution and get Mr. Lloyds TSB Bank plc CEO into jail (although the thought is probably quite justified)! But Josh your advice has been totally confusing and I really don't know what you are talking about.

Zootscoot are you there?

TheyrCriminals