HSBC still making offers on Business Claims

[HONESTKNOB]

I'm helping a friend with a business claim against HSBC. Total claim is nearly £5500. Sent the prelim off and got a reply a couple of days ago offering £1660. I thought this was quite interesting with the current test case starting soon. I've declined the offer but the Ombudsman have stated they won't proceed with the claim and it seems the courts are still staying business claims even though they shouldn't.

I've noticed that Lloyds have paid up on a business claim today even though it was stayed, any chance HSBC might do the same thing?

[Castlebest]

Business claims shouldnt be affected by the test case, I know some have been stayed and can only think these are either mistakes by the claimant (using a personal account POC instead of a business account POC) or mistakes by the court (not realising its a business claim).

 

I think if you use something along the lines of the following you should be ok and the bank will make a reasonable offer before you get to court like they always have done in the past.

 

"No part of the of the Commercial Court proceedings between the OFT and the Defendant (and seven others) comprised in Claim No. 2007 Folio 1186. has any baring on, or will interact with or affect the basis of this claim."

 

pete

[HONESTKNOB]

That's brilliant mate, thanks for the wording. I'll file the N1 next week and let you know how it goes

[Castlebest]

Good luck

 

pete

[The Lurker]

Oh dear - you might want to re-read the recent announcement that specifically addressed Business claimants before you take the advice.

[HONESTKNOB]

I'd love to. Where can I find that?

[freakyleaky]

Lurker, could you kindly let us know where to find the anouncement you are refering to?

 

 

.

[Bookworm]

Business claims shouldnt be affected by the test case, I know some have been stayed and can only think these are either mistakes by the claimant (using a personal account POC instead of a business account POC) or mistakes by the court (not realising its a business claim).

Ah, Pete, you are very trusting of the judicial system!

 

The harsh truth is that the courts have seen an escape route to reduce their dockets which had been getting overloaded for a while now and some of them will just stay regardless and won't budge. In my c/c claim, the judge opened with saying: "now, about staying this case", and if the barrister for B/card hadn't said "Er, no, actually, we're paying up", I would have been in trouble!

 

Southend (I think) put in a blanket stay and wouldn't budge, even if the claims were credit card or business. It's always worth trying to get it lifted, yes, but sadly, if the courts don't want to budge, however unfair we know this is on us, there'll be little one can do.

[HONESTKNOB]

I'm working through both mine and my girlfriends credit cards and find the Ombudsman is just the job for this. Takes some time but gets there in the end and it's free. They've already stated that they won't look at Business claims so I'll submit an N1 to Derby courts and see what happens. I know it's a bit pot luck at the moment but I guess the worst that can happen is that it gets stayed and then I lose my court fee in about 10 million years if the test case goes pear shaped.

[Bookworm]

That's the right attitude, I think, HK. ;-)

[HONESTKNOB]

Have we heard any mutterings about the test case with it getting so close? Any chance of it all falling through? I've just got a weird feeling that seeing how the banks like to drag all the claims out and settle just before court that they could do exactly the same before the big one.

[Bookworm]

All quiet on the Eastern front...

 

I can't see them doing that, tbh, this time, they can't wriggle out by settling at the last minute.

 

Might as well put the kettle on, I think we'll be here for a while on that one.

[freakyleaky]

Have you any idea of the announcement that Lurker was refering to Bookworm? Have the Banks or courts made some official comment on this?

[Bookworm]

I think I'd need to know who the announcement was by, might help narrow it down a bit!

 

Edit: Just had a quick look on OFT's website, and can't see anything new there, not surprisingly, as the test case hinges on the UTCCR, which don't apply to business accounts.

[Castlebest]

ooh I was lurked again

 

Well I have had no problems with credit card claims in Birmingham CC using the this is nawt to do with the test case paragraph so I guess its suck it and see.

 

http://www.consumeractiongroup.co.uk/forum/other-institutions/98706-castlebest-monument-rock-hard.html

 

thought I best leave some proof here for the lurker too

 

pete

[The Lurker]

Credit card = personal.

 

Business account, um give me a minute would that be Business or Business? Silly me - must be covered by personal legislation what was I thinking of.

[freakyleaky]

Please refrain from posting if you feel you can only post negative and sarcastic responses! It helps no one!

[Angi]

Hiya

 

Can I just jump in here, I was helping my friend with his Business account claim & from what I have just found out, He won, he did take an offer which was less than his was claiming for, I will find out the whole story & post it, I started his claim in October 2007, & he won in December, like I say I will find out more, as soon as I can, as I have a post going but have not kept it updated...sorry will do it, so others can see how he won...

[The Lurker]

Awwwww shucks.

 

Angi - how do you see it as a 'win' when, in your words, he settled for an amount less than the original claim?

[Angi]

Coz he DIDNT tell me, as I would have told him to WAIT lol

 

men just dont listen lol...he didnt know what he was doing to be honest, but he is happy, plus he did need the money, so I dont blame him, & anyone who needs money would have done the same thing..plus that account had been closed Feb 2007, so what does that tell you...Anyway I shouldnt be posting in here, so Im off before I get wrong....

[freakyleaky]

Angi, your posts are helpful and appropriate to this thread. Feel free to give us more details of your friends WIN!