Claiming on a Business account? Lets join forces?

[Janet-M]

Guido

Hi. Was the Bump just for your own convenience, or was there something you wanted people to notice and comment upon ?

 

Regards

PM

Guido was just testing the thread as we had been told when people post that the thread does not come to the top of the forum ,as it should.It does now do this the person who reported it must of been getting confused with the stickies .

[ermie]

Sorry Peter Anderson must have confused you, I have statments just T&C I don't have.

 

Ermie

[deekayenwhy]

Hi,

 

I am now in process of filing my N1 form against Lloyds TSB, Lloyds total amount came upto £9050, its going to cost me £250 to file the claim in court. Do i file it the same way as a normal bank? or are business banks different?

 

I really worried its alot of money, has anyone had any experience with Lloyds Bank in the past?

 

Please let me know, as i finally at the last stage just abit worried......

[PeterAnderson]

deekayenwhy - Hi,

 

Just process in the normal way - all that happens is that it will be dealt with in normal way but will be allocated a different 'track'

[PeterAnderson]

Janet-M & Ermie

 

Janet - Hi - It was me; I was not confused with the stickys; I replied to several new posts and saw them all come up to the top of the forum - but not this one.

I also noticed on Friday that there were loads of problems with CAG (maybe weather - but message said something like problem blah !! and the forum had been informed).

 

Ermie,

 

The T&C's can be found at my original post - if not PM me and I will get you what you need.

[Pen]

Hi everyone, just been reading through and would like to wish you all luck.

[davyboy]

Hi all, just about to hand in my sons business claim N1 form to the local court (won my personal case last week against Lloyds tsb £1662) could I speed up the process and hand in his basic court bundle including supporting documents at the same time?

thanks

Davyboy

[davyboy]

Hi all im just about to hand in my sons business claim N1 form, could i include his basic court bundle including his supporting docs to "speed up" the process?

thanks

Davyboy

[GuidoT]

I would not include the basic court bundle with your N1.

 

It will not speed things up as it is a Lloyds case, indeed it may slow things down, as it will give the impression that you do not know what you are doing.

[davyboy]

Thanks for that!!!!!!

Davyboy

[elsinore]

Might be disingenuous on my part, but I've just asked the OFT this question:

 

Can you please confirm that, as your case specifically refers to ‘the UK Consumer’, ‘personal current accounts’ and ‘UTCCRs’, the case will not extend to cover business accounts?

I will of course post their reponse (I'm not holding my breath!)

Els

[davyboy]

Sorry I dont understand your question?

do you mean is it a claim against a business account?

I have drafted the court bundle but excluded the comsumer regulations section. is this correct?

thank you

Davyboy

[elsinore]

davyboy, apologies if I confused you.

 

My post was a general one relating to the OFT's announcement of their action against the banks and did not relate to your claim. I should have been more explicit.

 

Els

[hijinkx]

I similarly asked the question of the OFT , FSA and Ombudsman about whether business accounts were included in the "Test Case and Waiver".This wasnt on their scripted answer sheet but in the end they seemed (!) to confirm that it covered all bank charges.So while the OFT has brought their action to protect consumers (with business accounts not covered by consumer law) we seemed to have been swallowed up in the general blanket catchall of this test case.

This may not be the definitive answer as there was no instant clarity from any of the three parties but it gave me further grounds for depression.

Hijinx

[Celicaman]

I am of the understanding that this OFT case should only be good for all claimants, as above should/would include business claims, however i did read in one thread that in the outcome of a win, part of the deal could be that claims may be time barred to 6 years with the limitations act. So with this in mind would it be wise to start any Business claims ( i have 2 )now going back over 6 years, even if they get stayed if filed at court, at least they would be in the system.

Still confused as to what to do now.Probably like everybody else LOL

 

CM

[passivenomore]

I am of the understanding that this OFT case should only be good for all claimants, as above should/would include business claims, however i did read in one thread that in the outcome of a win, part of the deal could be that claims may be time barred to 6 years with the limitations act. So with this in mind would it be wise to start any Business claims ( i have 2 )now going back over 6 years, even if they get stayed if filed at court, at least they would be in the system.

Still confused as to what to do now.Probably like everybody else LOL

 

CM

 

 

Hi CM...

 

As I understand, the OFT case will be centred around the UTCCR, which of course any business a/c claims can't rely on anyway. I'm certainly no expert and like many others, am (im)patiently waitning for things to become clearer. However, I'm hopeful that any stay granted in the courts may be open to challenge on this point.

 

Personally, I was waiting for my personal a/c with LTSB to be settled before forging ahead with my business a/c... it seems now, that a trip to the court with an N1 may well be in order (especially as I'm planning to claim beyond the 6 years!!!).

[broke dave]

Started my business claim just over a week ago. Rather depressed after Friday's announcement but just had this reply from GaryH:

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/105794-broke-dave-ltsb-business.html

 

post #12

 

Good luck everyone.

[broke dave]

Seems to be a problem again - just posted the above but the thread does not come up to the top. It is because I have entered this post through a link from another post????

[broke dave]

Its OK. Found the problem - was looking at the LTSB threads not the General threads.:o

[photoman]

Thanks Dave

 

I think Gary's views pretty much confirm what we had all figured, so nice to hear that were not just being unrealistically optimistic.

 

As Business claimants, we've never relied upon UTCCR anyhow, so the basis for our actions is different, and the "test case" should be no excuse for a call for a stay or waiver.

When stays or waivers are called for, you usually receive notification from the court that you may appeal against it.

 

I suggest we use this thread to develop a response in order to have stays lifted?

 

Any takers ?

 

PM

[elsinore]

Yup, count me in.

 

Els

[GuidoT]

Thanks Dave

 

I think Gary's views pretty much confirm what we had all figured, so nice to hear that were not just being unrealistically optimistic.

 

As Business claimants, we've never relied upon UTCCR anyhow, so the basis for our actions is different, and the "test case" should be no excuse for a call for a stay or waiver.

When stays or waivers are called for, you usually receive notification from the court that you may appeal against it.

 

I suggest we use this thread to develop a response in order to have stays lifted?

 

Any takers ?

 

PM

 

PM, one is being worked on now (not specifically for Business accounts though).

[photoman]

Obviously, we have to wait and see how any such stays if ordred are actually worded, but here is my first draft request for lifting a stay for Business claimants;

 

 

 

Dear Sir/Madam

 

You -v- XXXXX Bank Plc

Claim Number: *******

 

I write in relation to the matters as detailed above, and specifically the order of a stay in proceedings made by district judge XXXXX on **/**/**.

The basis upon which a stay has been granted is with regards to awaiting the outcome of the ongoing "test case" currently being taken by the OFT against several banks.

I respectfully request that this stay be lifted. This is upon the contention, that as 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), then it is not of any consequence to the basis of my claim in this case.

 

As a Business account claimant my claim did 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 this case.

 

As such I respectfully request that the current stay be lifted so that this case may proceed without further delay.

 

Yours faithfully

 

[TUTTSI]

From what I have read elsewhere the banks are requesting stays for all claims at court level from the Master of the Rolls, how true this I do not know, but in any event you are right Business claims are not subject to this Test Case and therefore should not be included in the stay process.

 

My hubby believes that until a decision arises from the Test Case and becomes law there is absolutley no reason why a case already at the courts should not be heard in court or settled before the the hearing date. He strongly believe that there must be some provisions in the CPR rules to apply to the court on this basis to object to a stay on this basis by the defendant's bank.

 

Maybe someone with more legal knowledge can enlighten us all on what we can and cannot do.

 

We have 3 cases at court 2 are personal account claims and the other is a Business account claim, on this one in particular, the defendants HSBC put in a standard defence as if it were a personal account, this has been pointed out to the Judge at AQ stage but so far no word yet as to what the courts will do about it.

 

DS

[Muffintop]

thanks for above photoman. Im continuing with my bus account claim and will be filing during the week via n1 but i need to know if there is a different extended poc for a bus account or can i just use the same one as the personal account? is there any thing i need to take out.skeggsy