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    • I am trying to follow your advice in post 21 which suggests the kennels T&Cs are over ruled by the CRA As I understood it , even if the kennel felt they good reason to refuse the dog boarding, which would be a difficult point to argue , as I am unable to get the vet to confirm they said the dog “should “ be ok ,the most the kennel  would be entitled to would be reasonable admin expenses due to refusing to accept the dog . Then I read in you last post , which  to me seems a contradiction . Paragraph 3 suggests a Judge would favour the kennel and its stance ,then paragraph 4 says to deny a refund in unenforceable . Surely if to deny me a refund is unenforceable at common law , then a Judge would have to rule in my favour . So if I continue I need to be sure I am citing the correct sections of the CRA
    • To clear this up !This new ccj claim from cabot/Mortimer is  for  a bank i have no account with.And is obviously trying to make out my older debt is not statute barred.They think i will respond and start the six years all over again for a totally diferent debt. I have no debt with the bank they are claiming against me with. Do people not understand this?
    • The site has a drop down for different postal services, implying the exclusions are based on the service you use, yet when you select different services the exclusions appear to remain the same, and certainly in the case of Parcelforce do not tally with the cover included by Parcelforce.   My P2G account still shows the declaration I made.
    • Finally go  a little time to myself, so knocked the defence from your given examples. How does it look?   1.The claim is for the sum of £882.53 due by the Defendant under the CCA 1974 for a Shop Direct account with the account ref of ********************    2.The Defendant failed to maintain contractual payments required by the agreement and a Default notice was served under s.87(1) of the CCA 1974 which has not been complied with.   3.The debt was legally assigned to the claimant on 08/01/18, notice of which has been given to the defendant.   4.The claim includes statutory interest under S.69 of the County Courts Act 1984 at a rate of 8% per annum from the date of assignment to the date of issue of these proceedings in the sum of £70.60 - The claimant claims the sum of £953.13   #####Defence######   The Defendant contends that the particulars of claim are vague and generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.   1. Paragraph 1 is denied. Whilst it is admitted I have held various catalogue agreements in the past, I have no recollection of ever entering into an agreement with Shop Direct and do not recognise the specific account number or recollect any outstanding debt and have therefore requested clarification by way of a CPR 31.14 and section 78 request pursuant to The Consumer Credit Act 1974.   2. Paragraph 2 is denied I have not been served with a Default Notice pursuant to sec87(1) the Consumer Credit Act 1974. They have sent an alleged copy dated 28th Jan 2018 from my cpr31.14 request. this is the first time I have seen this letter.   3. Paragraph 3 is denied. I am unaware of a legal assignment or Notice of Assignment pursuant to the Law and Property Act 1925 Section 136(1)   4. On receipt of this claim form I, the Defendant, sent a request by way of a section 78 pursuant to the Consumer Credit Act 1974, for a copy of the agreement, the Claimant has yet to comply and remains in default of the said request.   5. A further request made via CPR 31.14 to the claimant’s solicitor, requesting disclosure of documents on which the Claimant is basing their claim. The claimant has not complied.   6. It is therefore not accepted with regards to the Defendant owing any monies to the Claimant and the Claimant is put to strict proof to:   a) show how the Defendant has entered into an agreement and; b) show how the Defendant has reached the amount claimed for and; c) show the nature of the breach and evidence by way of a Default Notice pursuant to sec 87(1) of the Consumer Credit Act 1974 d) show how the Claimant has the legal right, either under statute or equity to issue a claim   7. As per Civil Procedure 16.5 it is expected that the claimants prove the allegation that the money is owed   8. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.   If you think it's okay, I'll get it put in today.    Thank you for all your help on this. 
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Hello everyone,

I am going to claiming back charges from Barclays business account closed in 2005, please let me know if i can claim for any of them below thanks :confused:

 

Overdraft interest

Including Fee

Total Commission

Renewal Fee

Account fee

Unpaid cheq

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Hello everyone,

I am going to claiming back charges from Barclays business account closed in 2005, please let me know if i can claim for any of them below thanks :confused:

 

Overdraft interest

Including Fee

Total Commission

Renewal Fee

Account fee

Unpaid cheq

 

 

 

Until recently, our contention regards business account charges was as such:

 

Overdraft interest - Yes, but only that portion of interest incurred as a result of reclaimable charges. There are spreadsheets available to help calculate this.

Including fee - Possibly ? If the fee was charged due to extending or exceeding your limit due to some item then we argued a certain yes. Otherwise, if your talking about a fee to negotiate or increase an overdraft, the need for which had been brought about over time due to an accumulation of reclaimable charges, then possibly.*

Total Commission - What kind? If for currency conversions, then no. If commission for arranging a loan necessitated by past charges, then possibly*

Account Fee - If it relates to a charge for a returned item, or an overdraft excess charge (either due to an item taking it there, or some charge for returning an item), then yes.

The names and terms used may differ from bank to bank, account to account, and even time to time, but if the effect is the same ie: a charge for exceeding a limit or retuning an item, then this was argued as being an unlawful penalty.

Unpaid cheq - As account fee.

 

* Regards these items, then possibly... although this makes it a more difficult claim and relies upon claiming for consequential losses.

 

 

However.

The current OFT case against the major banks regards personal account charges has currently caused some confusion regards Business account charges claims.

This is because Business accounts do not come under the scope of the UTCCR99 regulations (which is the main battle point and cause for claim in the OFT case for personal current account charges), and so instead had to rely upon common law principles to fight their lawfulness. (ie: by comparing them to precedents set by past similar court cases, then such charges should also be considered as penalties).

However, with what has happened with the OFT case to date, the judge has very strangely so far decided that such charges do not constitute penalties under common law.

This currently leaves business claimants in limbo a bit.

It is not yet sure whether or not this point will be contested or expanded upon, so at present it leaves business claimants at the moment possibly without a cause of action.

Until this is cleared up, or other angles of approach or arguments are devised, then my current advice would be to wait before claiming or submitting anything, and keep an eye on the current case.

In the meantime, use your time to read up on the principles and law, total up your charges and be ready to pounce.


---------------------------

ARE YOU A BUSINESS CLAIMANT?

CAG NOW HAVE A BUSINESS CLAIMS FORUM !

GO HERE !

 

CAN'T FIND WHAT YOUR LOOKING FOR?

Look here.

Got your old T&C's ?

Visit this thread to help others.

 

-----------------------------

All opinions and advice I offer are purely my own, and are offered without any liability. If unsure seek the help of a licensed professional

...just because something's in print doesn't mean its true.... just look at you Banks T&C's for example !

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what if you have a business claim on hold but are going through extreme financial difficulty?? can anything be done?

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The Oft waiver agreed between the banks relates to current accounts.

However you may know that the banks have been quick to tell us that some of the decisions made in the test case affect business claims-in particular the common law element of historical charges.

If therefore they are citing this and the banks solicitors are defending stays on the provisio that the test case will hae effects on the outcome of claims including business-then its reasonable to assume that they should apply the same sympathetic approach to all hardship claims.


Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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