Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Business account claims should have omitted from the POC any reference to consumer law.
A suggested temp is this;
The claimant has held a current account with the defendant, conducted on their
Standard terms and conditions since (DATE) , The defendant from
(DATE) to present day has applied charges to the claimant account,
totaling £XXXXX. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.
The claimant claims £XXXXX, being the sum unlawfully debited
The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the
rate of 8% per annum, being the sum of £XXXX
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just posted my court claim against the Bank of Scotland using guides and letter templates from the library, carefull about calling myself a consumer as its a business account (soletrader) Amount of claim £1,470 plus interest as spreadsheet of £400. BOS resorting to dirty tricks reducing my overdraft without any warning and telling fibbs when I called them, told them that I was winding down the account because of their antics since I requested they refund my charges. they claim I am making a personal claim on a business account which are not included in the recent changes in consumer law.they have refused point blank to repay me my charges and even insulted me by claiming that they reduced my overdraft because "the bank was concerned because i had an overdraft of £2,000" wrote to them stating I was most insulted by their comments as I have an impeccable credit history and the implication from them was that I was running off with their 2 grand. (cheeky sods) anyway paid off my overdraft so owe them nothing, will keep posting the details of the claim
Hi there. Just wondered if you had any luck with your business account? and how it was going. i'm in the same boat having a sloetrader account. I have just received acknwledgement from the court and the bank have 28 days from 14th June. I would love to hear how you are getting on as having read some of this site, it is a bit baffling about what do do for a business. Also if you can offer any advise it would be very appreciated. Hope to hear from you soon.
Hi I am at the MCOL stage with RBoS. For about a month I have been through 1st letter, lba etc. RBS haven't done much at all, just a couple of very lame letters (eg 7 or 8 weeks it will take them to reply). The secret seems to be..... work out your spreadsheet carefully, only claim fees and interest on fees to start with. But just follow your own timetable. I have done this 4 times now (not with business) and when you get to the court stage, they wake up and make offers or just pay up.... the exception are citibank who just ignore the courts. With RBS, Midland and Lloyds (all business) I am going for contractual compounded interest.
KBO
If you can't fight, wear a big hat.
Halifax... 2 successful claims....£518
CitiCards..... judgement and cheque (26/7/07) .... won £900
RBS business..... .....stay lifted reissued N1..... won £2105
Midland1 business.1996/1997.. first letter (27/6/07)....£1470
First Direct...... first letter (30/6/07).... £839.... stayed
plus another 13 banks/business/cc's to come for £10,000 plus.
I have reclaimed about £2500 from Lloyds, who paid up once court action was started (although i'm not sure they one dept new what the other was doing). I have followed my own timetable with RBS which is why I have now issued throug money claim. It appears that the "wording" in the POC are different. My interest was worked out on the money saving web site and although detailed seperatlely in the lba. What is confusing my is that my claim figure is total (inc interst worked out on money saving) + court costs. The interst has not been detaile seperatley. Confused?!?
I have always used Vampiress Excel advanced and Mindzai spreadsheets, where each element is calculated and shown separately. For RBS......"The claimant claims £xxx plus £xxxx interest, being the sum unlawfully debited ".... the first figure is the charges plus the actual real interest charged by RBS as per the spreadsheet.........the second figure is all the contractual interest compounded up to the present date. I will not be claiming the statutory court 8%.
KBO
If you can't fight, wear a big hat.
Halifax... 2 successful claims....£518
CitiCards..... judgement and cheque (26/7/07) .... won £900
RBS business..... .....stay lifted reissued N1..... won £2105
Midland1 business.1996/1997.. first letter (27/6/07)....£1470
First Direct...... first letter (30/6/07).... £839.... stayed
plus another 13 banks/business/cc's to come for £10,000 plus.
Barney B I have had no threat yet from RBS threatening to close account. They have just "authorised " my £8,000 overdraft for a year and charged me £110. Kind of them wasn't it. My logic is......
1) they probably won't close me down because they make £800/900 interest per year from me on overdraft plus other stuff of about £400
2) a threat to close wouldn't put me off.... Alliance and Leicester commercial bank is absolutely superb and FREE... I already have a business account with them in another name ... you can open an account in about 3 weeks
3) I think you can complain/banking Ombudsman which will deter them
Let know how your MCOL proceeds... and likewise. Have you started an RBS business thread of you own..... I just put the word "business" in the title.
KBO
If you can't fight, wear a big hat.
Halifax... 2 successful claims....£518
CitiCards..... judgement and cheque (26/7/07) .... won £900
RBS business..... .....stay lifted reissued N1..... won £2105
Midland1 business.1996/1997.. first letter (27/6/07)....£1470
First Direct...... first letter (30/6/07).... £839.... stayed
plus another 13 banks/business/cc's to come for £10,000 plus.
Partics of claim;'Business accounts
any reference to consumer law.
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