Partics of claim;Business accounts

[MARTIN3030]

Business account claims should omit any reference to consumer law.

here is an example of a POC for business accounts

 

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

[wrightstar]

Could I use this text when filling out my Particulars of claim section on money claim online?

I am taking NatWest to court as they have refused to refund the charges.

[beetlejuice]

Martin, is there a Business Prelim and LBA?

 

Beetlejuice (awaiting statements following SAR Febb 07)

[phatram]

Bump

[special k]

hi special k here. I started my claim on the business account back in feb. i have sent letters by reg,and recorded post all been delivered,sent faxes and to this day they have not responded to any of them, does anyone have any advice. I also started my private account claim at the same time and received an offer, not accepting now they are ignoring me awaiting any further advice but i think after advice earlier today that i must start mcol.

[beetlejuice]

K,

 

Natwest did exactly the same with me, I have three claims Bus, Joint and pers. They have offeerd me full refund on joint, not yet rec'd cheque though, any day I hope. on Pers they offered me 70% wrote back told them to think again. But on Buss not a sausage. MYCOL sometime this week, that will wake them up.

 

Good luck, I'll sub to your thread and follow your progress.

 

BJ

 

[nettie520-0]

hi special k here. I started my claim on the business account back in feb. i have sent letters by reg,and recorded post all been delivered,sent faxes and to this day they have not responded to any of them, does anyone have any advice. I also started my private account claim at the same time and received an offer, not accepting now they are ignoring me awaiting any further advice but i think after advice earlier today that i must start mcol.

 

Hi special k. Hope you can help. I think the more I read the more I seem to become confused. I have received my bank statements for business acount and have listed them all, but realise that this should be on a spreadsheet, so have downloaded I think 3 different ones, but am unsure how to fill in. I understand the beginning section date, unpaid DD charge etc. but when you tab over to the second half and it has interest etc. don't know about what sort of interest I should be applying. Also do you know if I can claim Revisal fee and OD arrangement fee. Any help would be very much appreciated. I think if I can't understand soon I will have to go to a rip of company to do it for me. Nettie

[coppercat]

I have claimed under consumer contract when I was actually a sole trader. Have had a CPR 18 request from Cobbetts asking which terms in the consumer contract I rely on. Have not had anything from the court. Should I amend my claim to the Unfair Contract Terms

Would appreciate some help

[nettie520-0]

Do I have to claim for interest when claiming on a business account, or can I just claim for the charges e.g. Cheque returns etc. Thanks. Nettie

[special k]

hi nettie Its my understanding that you cannot claim interest unless it goes to court. when i did my claims i used the calculator on MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more. which totals interest for you, so you have the amount of claim,then a total with interst,and the overall total.,natwest came back to me with an offer,which was the total before interest.my claim was £3500. they offered my £3200. havenet accepted yet still reading for further information. but our business account which was started back in feb. we havent had any response at all, so today i was going to start proceedings but i rang them, and they have put together an offer on business account but would not tell me how much,should receive by 15/5 so they say. we will see. getting all paperwork ready incase needed because they have said this to other people.

[nettie520-0]

hi nettie Its my understanding that you cannot claim interest unless it goes to court. when i did my claims i used the calculator on MoneySavingExpert: Consumer Revenge - Credit Cards, Shopping, Bank Charges, Cheap Flights and more. which totals interest for you, so you have the amount of claim,then a total with interst,and the overall total.,natwest came back to me with an offer,which was the total before interest.my claim was £3500. they offered my £3200. havenet accepted yet still reading for further information. but our business account which was started back in feb. we havent had any response at all, so today i was going to start proceedings but i rang them, and they have put together an offer on business account but would not tell me how much,should receive by 15/5 so they say. we will see. getting all paperwork ready incase needed because they have said this to other people.

Thanks for that special K. I have a joint advantage gold account which is ready to send off so I think I will do that without interest and then I can concentrate on the business account. What about revisal fee and OD arrangement fee on the business account, can I claim for these? Thanks a lot. Nettie

[special k]

i hope someone can help me. Iam having a bad day and cant find what I am looking for. I am Claiming from Nat West credit card the claim amount is £630+ without interest. they offered me £201.00 they say that is the difference between what they charged me and the £12.00 they charge.can they do this? and if not can you point me in the right direction.