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    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Royal BOS Business account


vix2000
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Can charges be recovered from a business account or only a personal account please?

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Where can I get info on case law please? Has anyone got any experience of claiming charges from a business account before?

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Is this a timescale rule or due to statement availability? What if you have more than 6 years statements to hand? Thanks.

  • Confused 1

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The limitaton Act which is now linked in the Library provides that action in contract are barred after 6 years

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Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

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Just wondered if anyone had registered recently who has any experience of reclaiming charges from a business account who could give some advice?

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I can't imagine that it is any different from claiming any other charges - except that you have to rely o Common law and UCTA 1977 - and not the 199 regs.

See the business version of the letter in the library

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I can't imagine that it is any different from claiming any other charges - except that you have to rely o Common law and UCTA 1977 - and not the 199 regs.

See the business version of the letter in the library

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thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

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First Direct 1 - settled

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GE Capital - counter claim 6/5/6

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thanks a lot for the template. How do you know the interest charged on the overdraft on the account, please?

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First Direct 1 - settled

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Halifax - settled 31/5/6

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Does anyone have the address of RBS Head Office in Manchester, Please?

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Does anyone have the address of RBS Head Office in Manchester, Please?

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First Direct 1 - settled

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Halifax - settled 31/5/6

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  • 2 months later...

Hi. Hope you don't mind me asking but is it normal for a RBS manager to keep emailing you throughout the claim process, please?

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There are numerous names/addresses on the sticky so I wondered where I should send my court papers to?

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Hi Vix,

 

I was advised in the 'Scotland' forum to serve court papers on my branch manager - I didn't use their name, just put 'Branch Manager, My Branch Name RBS etc' and that was accepted no problem.

 

I have had no communication from my branch whatsoever, my communication has either been from HQ at Edinburgh's Gyle or team (I think set up to deal with this stuff) in London, but was still advised to put branch name at top. If you are in Scotland, I think you have to put a Scottish address anyway (not the London one).

 

Good luck - keep us posted!

 

meagainstrbs

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i actually named my manager at the local branch....i was recommended to do this by the clerk at the sherriff court

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Halifax - Total £2116 - Plus approx £300 in interest plus fees for 3 small claims...settled all within 3 weeks of claim.....Now for the mortgage.....

Clydesdale Bank - Credit Card - Sent Data Protection Act - Awaiting statements

Clydesdale Bank - Current Account - Awaiting statements

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thanks for the advice. will send to my branch. good luck to you both.

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First Direct 1 - settled

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Deadline today for RBS.

 

As its a business account I know the laws are different. I wondered if anyone could give me advice on what to put on the moneyclaim form, please?

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Anyone........... please?

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Vix, you aren't being ignored. It's very busy around here. I personally haven't had much experience with the Moneyclaim, but will find out what I can.

 

I've put your threads together so they show your whole RBS story, and I'll have a good read through. Please keep to one thread for your claim.

 

Others may answer you sooner.

Back soon... :)

[

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have spent hours searching but no relevant posts found.

 

What needs to be put different on the moneyclaim form for a business account as opposed to a personal account. In FAQ it says that different laws need to be cited, but I can't find which are the relevant ones.

 

Can anyone help, please?

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Have drafted this for the form. Can anyone tell me if its correct? Thanks.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment. I have asked the bank to justify their charges but they have declined to do so

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If you are claiming in respect of a business account then you will not be able to cite The Unfair Terms in Consumer Contracts Regulations as these apply only to consumer contracts.

 

However there is nothing to stop you referring to the OFT finding which was that bank charges are unfair in that they clearly exceed the administrative costs of the bank. The OFT report does very clearly refer to the common law relating to penalty clauses and this is what you are mainly relying on in your claim

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Thanks Bankfodder

 

Have been searching OFT website for ages for the report but can't find any reference. Is it a report just concerning bank charges, and 2006 or 2005?

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First Direct 1 - settled

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Ok have found the report. It does make many references to 'common law' but then back to consumers. This being the case, should I refer to the report in general, rather than specific sections?

 

i.e.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges.

 

The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977.

 

In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

 

Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law.

 

Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment plus all costs incurred.

 

I have asked the bank to justify their charges but they have declined to do so

 

Your opinion would be valued.

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First Direct 1 - settled

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RBS 2 - claim made 8/5/6

GE Capital - counter claim 6/5/6

Halifax - settled 31/5/6

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