I used this POC from the claiming as a business step by step, this ok???? thanks PARTICULARS OF CLAIM 1. The Claimant [has] [had] an account1("the Account") with the Defendant which was opened on or around 2[and closed on or around 2 ] 2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges applied is attached to these particulars of claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the common law. The precedent for the law relating to contractual penalties was set in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd (1915) AC 79. Additionally, in the case of Murray v Leisureplay (2005) EWCA Civ 963 it was held that a contractual party may only recover damages in respect of its actual loss or liquidated losses. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 3and any interest charged thereon; b) Court costs; c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982). I believe that the contents of these particulars of claim are true Signed:DON'T FORGET TO SIGN IT

I have received a similar removal of stay from cobbetts, im claiming on my sons behalf the letter reads: "it has come to our attention that this claim relates to charges accrued on a business account held by the claimant. as a result, the issues to be determined within the recent oft test case are not relevant in this claim. we have contacted the claimant and have asked their agreement to the stay being lifted in order that the claim may proceed. we have invited the claimant to confirm their agreement to the court in writing. accordingly, we respectfully request that the file is placed before a district judge for further consideration so that the stay may be lifted. we await hearing from the court" has anyone had a similar letter? makes me a little dubious mind! Davyboy any suggestions/help? ta Davyboy

received this morning a letter from natpest bank solicitors stating: "it has come to our attention that this claim relates to charges accrued on a business account held by the claimant. as a result, the issues to be determined within the recent oft test case are not relevant in this claim. we have contacted the claimant and have asked their agreement to the stay being lifted in order that the claim may proceed. we have invited the claimant to confirm their agreement to the court in writing. accordingly, we respectfully request that the file is placed before a district judge for further consideration so that the stay may be lifted. we await hearing from the court" has anyone had a similar letter? makes me a little dubious mind! Davyboy

Hi all my son is claiming £2500 from natwest, the case was stayed 4 weeks ago, we received a letter from the banks solicitors yesterday requesting the stay be lifted as it is a business and not a personal account, im a little wary, what do we do next help please Davyboy

I am claiming against natwest for my sons business account, the case was stayed 3 weeks ago, however today we have received a letter from the banks solicitors asking the stay be lifted as it is a business account and not a personal one!!! what do i do next? im a little dubious any help appreciated davyboy

Quick question, hope im on the right thread? my sons case v NatWest has been stayed, they (cleveland combined court) have since sent an allocation questionnaire, do i still complete and send it to the courts within 14 days of issue? should i also include the basic court bundle at this stage? thanks davyboy please help!!!!!!!

Quick question, hope im on the right thread? my sons case v natwest has been stayed, they (cleveland combined court) have since sent an allocation questionnaire, do i still complete and send it to the courts within 14 days of issue? should i also include the basic court bundle at this stage? thanks davyboy

Sorry I dont understand your question? do you mean is it a claim against a business account? I have drafted the court bundle but excluded the comsumer regulations section. is this correct? thank you Davyboy

Thanks for that!!!!!! Davyboy

Hi all im just about to hand in my sons business claim N1 form, could i include his basic court bundle including his supporting docs to "speed up" the process? thanks Davyboy

Hi all, just about to hand in my sons business claim N1 form to the local court (won my personal case last week against Lloyds tsb £1662) could I speed up the process and hand in his basic court bundle including supporting documents at the same time? thanks Davyboy

Davyboy Vs Lloydstsb £1662 paid into my account the day before the court case!!!! I was claiming £2245, but had tallied up my o/draft interest wrongly, the settlement was the above amount still had to see judge as we dont use the lloyds ac anymore, i thought they were pulling a fast one, the judge ordered an adjournment for 28days in order for us to draw the money out of the unused ac. we went straight to our local bank and drew the lot out!!! wow it was sweet 10 mins after being in court we had the cash in our hands!!!!!!!!!!! doing my sons claim now for over £2500.00 with natwest

I havent used this site much as ive had a lot of help from my sister, however im at the court stage. (in 3 weeks) ive had NO correspondence from lloyds since my prelim letter, theyve obviously filed their defence AQ etc. court bundle has been sent, Im getting pretty worried now, i do understand they will stretch it out as long as poss. Should i phone lloyds legal dept to discuss a settlement? or should i leave it to run the course? please help! I also cant find how to send my court details to a site admin person? sorry can anyone help on that one too? total amount claiming £2246.56 court date 19th July (3 weeks) teesside courts

just joining this thread, am reading up on claiming my sons business charges, i now understand they are different from personal ac's but will carry on reading this thread thanks Davyboy

Thanks for that! Peace Davyboy

Hi there all, i am just about to claim back my charges on 2 accounts through the court, (had no reply back from my LBA to lloyds/tsb) can i claim both accounts on the one claim form? or will i have to issue them both seperately? one is for £1900 the other for app £200. and should i do this through my local courts or moneyclaim online? thanks in anticipation for your help, PS just received settlement from Natwest from my preliminary approach for repayment! was only a small amount but it all adds up dunnit! Peace n that Davyboy

Received only 1 set of statements from Lloyds i requested 3 different accounts, they sent me my credit card statements and not my 2 bank statements what should i do???

Thanks for that Barty!!!!!!! I gather you got all your info ok? Peace n that Dave

Hi SKB, is that the right address to send for my statements? I sent mine to london! Thanks Dave

Yep that was the address I used!!!!! keep me posted and likewise Good Luck Dave

I'll be interested to see the answer to this one as i have sent 2 data requests only by signed for postal, 1 to natwest, for which i have received all my statements and 1 to lloyds which hasnt even been signed for as i have tracked it on royal mail, my god they'll try anything to stall!!!!! Davy boy

Hi all, Ive sent 2 letters requesting my data "stuff" 1 to natwest from whom i have received my statements and 1 to Lloyds from whom i have received nowt!!!! I sent the letters signed for, i tracked the natwest one on the web and was signed for, however i have had NO REPLY from LLoyds, when i checked the web yesterday there is no tracking of my letter reaching lloyds? which is the correct address to send for data info? or are Lloyds playing silly buggers as i envisaged? can anyone help me as im a newbie to this? thanks in anticipation Davy

hi guys this is my first post and am looking forward with anticipation!!!! Peace n that Dave