Barclays:Business/Personal Bank Charges (POCs)

[slick132]

Hi Hattie and welcome to the Barclays Forum.

 

In many cases that were started using MCOL, the judge reviews the case and finds the POC to be inadequate and orders that a new POC or further info is to be furnished. This would be an ideal opportunity to use the new POC which you'll find in the Stickies at the start of the Barclays Forum.

 

The matter of your saying CURRENT a/c and not BUSINESS should not jeopardise the claim.

 

Wait for banks defence to be Filed in court and, when the judge reviews the case, you should be told what happens next.

 

One thing I WOULD advise, however, is that you write to the Court NOW and point out that yours is a BUSINESS a/c claim. Ask that this be made clear on your file and respectfully suggest that the case should NOT be Stayed as the OFT Test Case does NOT apply to business claims.

 

Slick

[slick132]

Hattie,

 

Also have a read here to see how a business a/c claim differs slightly to one for a personal a/c - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

 

Also read here - http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/31460-example-step-step-instructions.html

 

Reading around the threads here will also give you invaluable info on what you may expect with your claim.

 

Post back here on your thread if you need help anytime.

[slick132]

Hi Hattie,

 

Yes, it is polite and proper to copy all correspondence sent to court to the bank. This will NOT be reciprocated by the bank, though.

 

Any IMPORTANT letters to barclays must be sent by Rec'd Del'y so you have proof of receipt - you'll soon learn how many doc'ts they lose !

 

Copy letters to bank which are NOT so important can go by ordinary post.

[slick132]

Hattie,

 

Can you hold off from writing to court just now.

 

I'll come back, with some ammunition if I can find some, to send to the court.

[slick132]

The Court Manager

xxxxx County Court

Address Date

 

Dear Sir or Madam,

BUSINESS CHARGES CLAIM

HATTIE -V- BARCLAYS BANK PLC

Claim No: 1AB12345

I spoke on Date to your County Court and was informed me that my case has been Stayed.

This has been done IN ERROR because my claim against the bank concerns my business bank account and does not, therefore, depend on the outcome of the OFT Commercial case being heard in January.

The central focus and grounds for the OFT’s case is to determine whether or not the charges are subject to the test of reasonableness, as required under the Unfair Terms in Consumer Contracts Regulations (UTCCR 99), which are of no consequence to the basis of my claim in this case.

 

As a Business account claimant, my claim does not include any reference to nor make any reliance upon the UTCCR. As such, it would serve no purpose to delay proceedings in order to await the outcome of a case that would have no bearing or relevance upon my case.

I believe my case should not have been sent to your court and that it should not be Stayed as with cases regarding Personal bank account claims.

I would respectfully ask that this letter be put before the Judge so my case may proceed without further delay.

Yours faithfully,

Hattie

[slick132]

Hattie,

 

Was this their reply to the draft I posted at #12 above. If so, I think they have sent you a template response.

 

I'd write back to them with a copy of the first letter saying:-

 

"I do not think my last letter was properly considered and would respectfully suggest this matter be answered by a senior member of the Court's Staff or, indeed, by a Judge. I would appreciate a full response to my letter and NOT a template response.

 

If you still believe, on reflection, that you are right to Stay my business claim as if it were a personal bank charges claim, please confirm precisely by what authority you are doing this. I have information from the OFT which confirms that the General Stays are NOT applicable to business bank charges claims.

 

I look forward to hearing from you shortly."

 

See what they come back with.

[slick132]

Hi Hattie,

 

Will seek advice and come back.

[slick132]

Hattie,

 

Having sought and received clarification, the site's opinion is that this decision is wrong and should be challenged.

 

This link shows the FSA Press Release dated 21st November 2007 - FSA publishes review of 'waiver' on the handling of complaints in relation to unauthorised overdraft charges

 

Third para from the end states:-

 

The review has also clarified the status of small business accounts, which are not covered by the waiver. The FSA has agreed with the firms arrangements to ensure small business customers are not disadvantaged.

Letter to Court :-

 

Thank you for your letter of Date.

 

May I respectfully draw to the attention of Judge name, the Press Release made by the Financial Services Authority on 21st Novenber 2007 which states,

 

" The review has also clarified the status of small business accounts, which are not covered by the waiver. The FSA has agreed with the firms arrangements to ensure small business customers are not disadvantaged. "

 

I enclose a copy of the Press Release for the Court's information. (Print off and enclose copy of press release from link above)

 

In light of this information, I would be grateful if the Court would give this matter further consideration and remove the Stay applied to my claim.

 

Yours etc.

[slick132]

Hi Hatie,

 

This is excellent news (I think) .

 

The only thing it DOESN'T say, however, is that the Stay is Lifted.

 

So before you approach Barclays, I suggest you wait until it reaches your local court and the Judge reviews AND continues your case.

 

Have the AQ and Draft Directions ready for when needed - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/11644-allocation-questionnaires-guide-completion.html

 

You also need to be ready to put your court Bundle together. Use the zip file link in here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/33060-basic-court-bundle.html

 

You need to get well acquainted with the court Bundle so, if you have to put it together for a hearing, you're not in a last minute panic. There's a lot to print out, put together in order, paginate, etc and it is many hours work.

 

Because yours is a business claim, you don't need to include the UTCCR section in your Bundle.

 

You have to prepare 3 copies of the Bundle if ordered to do so by the Court's Directions. Make sure you have spare ink cartridges and a spare pack of printer paper.

 

As long as your local court agrees to continue the case, you should be moving on well now.

[slick132]

Further to my last post, I've sought other opinions.

 

MCOL's Judge has agreed to take your letter as Application for Stay removal but it is then up to your local Judge to consider and rule.

 

If you get notice of a hearing for this (you may or may not be informed), you could attend and take copies of the doc'ts I've mentioned.

 

So great news that MCOL have released your case but further to go yet, I'm afraid.

[slick132]

Hattie,

 

Very wise. Even if it's not needed now, it may be needed soon, so your time will not be wasted.

 

Use the links I've posted above and come back with any Q's.

[slick132]

Hi Hattie,

 

How come your name's changed ?

 

I suggest you write to your local court now, reiterating the points set out in post #18 of the last page of your thread, and see if you can persuade your local judge that your business claim should NOT be Stayed.

 

Good luck - Happy and Prosperous New Year to you.

[slick132]

Hi Hattie,

 

Saw this post and wondered how you're doing with getting your case moving - http://www.consumeractiongroup.co.uk/forum/general/130570-fos-resumes-business-claims.html#post1372643

 

Give us an update.

[slick132]

Thanks Hattie,

 

I'm waiting to hear how Pov got on with her court (same situation), then we'll put our heads together and come up with a cunning plan !!

 

I'll be back !!

[slick132]

Thanks Hattie - I'm on the case.

[slick132]

Hi Hattie,

 

Change of tactics, as the courts don't seem to have the guts to play fair.

 

Send this to Barclays by Rec'd Del'y and see what happens.

 

Barclays Legal and Compliance

Litigation and Disputes

Level 29

One Churchill Place

London

E14 5HP Date

 

Dear Sir or Madam,

 

Claim No xxxxxxxx

Xxxxxx County Court

 

My claim against Barclays Bank PLC is for the repayment of unlawful penalty charges levied against my business account.

 

My case is currently Stayed by the Court and I am in the process of having the Stay lifted on the basis of the FSA Report (Two month review of unauthorised overdraft charges complaints handling waiver) published in November 2007.

 

I quote s.17 of the report :-

 

“17. The waiver does not include small business current accounts, because its scope is aligned with that of the OFT’s wider investigation which relates to personal current accounts. Firms have agreed to put arrangements in place to ensure that small business customers, including those who thought they were covered by the waiver, are not disadvantaged.“

 

It is clear from the FSA Report that my claim should not be affected by the blanket Stays applied by the Courts to personal current accounts.

 

The purpose of this letter is to request that you confirm to the Court your agreement to the lifting of the Stay so this case may proceed without further delay, in accordance with the undertaking given by Barclays Bank PLC to the FSA.

 

Please confirm within 14 days that you agree to my request. If your agreement is not forthcoming, representations will be made by me and other claimants to the FSA without further notice.

 

Yours faithfully,

 

…………………

Hattie

[slick132]

Hi Hattie,

 

I think you saw my above ltr later on in the morning I posted it.

 

If you've not already sent it to Barclays, please note I've removed the second sub-paragraph quoted from the OFT Review.

 

If it's gone already, no probs.

[slick132]

Hattie,

 

I amended the letter which I first posted at #34 above and REMOVED the sub-para. Please send the letter as currently set out in post #34.

 

Sorry if I've confused the issue.

[slick132]

Hi Hattie,

 

No word yet from Barclays ?

 

You need to read here - http://www.consumeractiongroup.co.uk/forum/barclays-bank/80397-martin3030-barclays-business-round.html#post1418471

 

Martin's d/w Barclays (business) too.

[slick132]

Hi Hattie,

 

I see you've not looked in since 21st Feb and hope you're OK.

 

Please give us an update

[slick132]

Hi Hattie and glad you're back.

 

Did you have a look at the link I gave in post #40.

 

Can you write to Barclays saying:-

 

" I have received no reply to my ltr of xxth Feb, a copy of which is enclosed.

 

Unless I hear from you within 14 days confirming that you will agree to the lifting of the Stay, Formal Complaints will be made to the FSA and the OFT without further notice.

 

Yours faithfully, Hattie "

 

Let us know in 2 weeks if they've had the courtesy to reply.

[slick132]

Hattie,

 

You need to read here - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

 

Sorry, but the ruling today appears to make business claims untenable.

 

Work will be done on this and we'll keep you posted.

[slick132]

Hi Hattie,

 

Thank you too for fighting all the way as you have done.

 

We'll keep you updated if anything changes.