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    • The thing is, the administration has said there will be no payment coming.   "Unfortunately, whilst we have added your unsecured claim to the list of creditors within the Administration, regrettably due to the lack of funds in the Administration, there is no prospect of a dividend being paid to unsecured creditors. This means that notwithstanding your entitlement to Redress no payment towards your unsecured claim will be made. More detailed information on the reasons for this can be found in the Customer Redress Scheme and FAQs, which can be found by clicking on the link in paragraph 2 above."   So, I will obviously continiously beeing chased by UB or the debt collectors.   It was Unclebuck who emailed today saying the transferred the agreement to them
    • I'm sorry, but I don't really understand what you are referring to. Maybe you'd like to post up your particulars of claim again
    • They talk sence. So await the money. An administrator is placed in a difficult position upon how they can distribute funds they administer   so ignoring the powerless dca's , who currently owns the 2019 outstanding one? Who are 'they' ....
    • Hello Since December, about 20 of my packages have not arrived to France. I had to refund all customers because they waited more than a month for the packages. Some of them came, others did not. When I asked about refund on parcel2go, I was told that I will not get the money, because I did not buy the option "next day delivery", but the packages were going to France, so it would not make sense anyway. What can I do? Some of the packages arrived after 1.5 months, so they said I was not entitled to a refund, beaceuse finally they did arrive.   Is this really legal? What about lost packages? They said I can only get £25 for packages that were insured and the rest money is lost. Is there any point in reporting this to small claims?   Thank you for answer
    • Great news!👍👍👍 My case with them is due to next month. It'd be helpful if you could share your court experience and your case no.   Thanks!
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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
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    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 33 replies

Particulars of claim Business accounts


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The claimant has held a current account with the defendant, conducted on their

Standard terms and conditions since (DATE) , The defendant from

(DATE) to present day has applied charges to the claimant account,

totaling £XXXXX. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.

 

The claimant claims £XXXXX, being the sum unlawfully debited

 

The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the

rate of 8% per annum, being the sum of £XXXX

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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  • 2 months later...

Re: Barclays:confused:

 

I need your assistance please.

 

Barclays sent me letter dated 30 November an offer of £80 out of £580 as their gesture of goodwill but I am not accepting it. Am I correct to use the rejection of settlement offer letter?(Response to settlement offer letter). I have not sent barcalys the LBA as they responded to me on 30 Nov received on 2 December.

 

The Response to settlement offer letter, last para " My letter before action sent previously indicates that you have until xx/x/xx... ( do I have to put a date here knowing for well that I did not send them the Sticky 3 the Letter Before Action (LBA) please help:confused:

 

Thank you and kind regards

 

davaom2

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  • 3 months later...

Hi

 

I need some guidence here;

 

Had a company which closed last year, had a business account with Barclays, charges est. £16k, I had to pay all the bank charges and payments as the personal guarantor (Sole Director) The question is, If I paid all the charges and costs, even though the company was limited, and is now closed and so is the bank account, can i pursue the reclaim of charges on behalf of the company from the last 6 years?

 

sg51bmw

:idea:

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hi

 

i am going to court on the 13 th april as Barclays will not release my notifiaction of charges for more that 3 years, as you were in business you will no what these statements are , both our names are on the account but i am pursuing the claim mysel as a partner, so i don,t see the problem with you pursuing your claim as the director of the company if you have your name on the account, however you will need you Notifaiction of charges to reclaim an accurate amouont, a guess- t- mate amount is very dubious in court as they[ bank] may defend an unaccurate claim.

 

HTH

 

Hels

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Hi hels

 

thanks for the reply, I have the notification of charges, however as a limited company I think anything claimed would go back to the creditors via the liquidator anyway - limited company , so slightly different rules to partnerships

 

I will look into it further - thx :)

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hi sg51bmw

 

even with a limited company the person or persons who are on the cheque book have a right of claim, if you have gone bankrupt then after three years the dept is clean anyway so yes your right in that it the time has not lasped the liquidators will come calling if you claim money back, perhaps you should wait, or at least makew sure you have all your data so you can claim at a later date, thie time is drawing near when someone will test going back more than 6 years and probably start a president for the rest of us to follow.

 

HTH

hels:)

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  • 5 weeks later...

I am about to post a claim against Barclays for a Business Account.

 

Have just received the data re charges from Barclays, within the DPA limits.

 

Can you confirm whether I use the same spreadsheets to calculate interest and charges, or are there different ones for Business accounts?

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Hi welshaman,

 

would you mind elaborating on what you have received from Barclays, do you mean monthly statements or Notification of Charges, or both, this is purely personal interest.

 

thanks

 

hels

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  • 2 weeks later...

Hello,

 

I also have a business account and have 2 seperate claims pending for siginificant amounts. My issue is that after the letters were sent to the business manager my business was placed in administration (not really connected to th claims).

 

I also believe that any claim contiuned will benefit the administrators of the company.

 

I also wish to find anyone who has claims against a factoring division of a bank with regards to charges etc.

 

Many thanks

 

Silversamosa.

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Hi

 

I wish I could assist you iin your Business Claim but I am only a current account holder. I am still waiting for refund from Barclays bank.

 

Good luck

 

davaom2

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