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    • Participants can get £50 - but must permanently consent to the retailer using their personal data.View the full article
    • Documents arrived today dated 27th March.  This is a cc taken out a long time ago (2008) and they don't seem to have been able to provide a copy of a CCA agreement, just reams of print outs of lines of texts from old bank statements, default notices etc.   
    • Documents finally arrived today from PRA group.  New day have sent me lots of paperwork, copies of default letters and statements, print out of what looks like a CCA that would have been completed on online, IP address as signature.  This debt is not too old, so possible this is the true copy of agreement ?  Not sure what my defence would be beyond irresponsible lending. 
    • pers i wouldn't.. all you need to know is in the posts of that thread....that being section 127(3) of the CCA refers. if under a CCA return, the 'creditor' claims its a recon, it must not contain any details like a sig, tickbox, or typed name (whether you signed physically or by online tickbox) 1. those are not necessary in a recon, so why inc them? (faked??) 2, it cant thus be a recon!!, it must be a copy of the 'original' from the original creditor, not from a debt buyers filing cabinet. they shouldn't not be 'mixing' some original docs from the OC with crap from their filing cabinet, claiming its ALL a recon! because some of it is faked. just remember there are far more docs like NOA and a DN that are as equally important to a court claim of 'this debt is enforceable'. never rely solely upon the dodgy agreement argument.
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Claiming on a Business account? Lets join forces?


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Hi

 

I'm back after a little while away. In brief - won £10,500 from Bank of Scotland on a business account in April this year. That was great but now we've been told in no uncertain terms to leave the bank and repay all our borrowing, some of which is substantial so we'll have to come to an arrangement on this. Our relationship has ground to a halt (new assistant manager) and is ultimately going to put us out of business unless we move fast.

 

In the meantime, does anyone have any tips for getting a new business account? We are members of FSB and tried the Cooperative but I think they balked when they saw our reclaim details and my husband and I are directors and due to severe cashflow problems do not have good credit ratings...

 

We just need a friendly bank with no borrowing. Help!

 

Lou

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Lou I have been with every main UK business bank since 1985...... Natwest (three times), Lloyds, RBS, HSBC (twice).... with several businesses..... they are all the same.... once they have you hooked with loans, ods, credit cards etc they screw you.

At present I have no borrowings and am with Alliance and Leicester Commercial bank..... who are very good (no charges whatsoever/free banking). It runs on internet/hole in wall/ Post office and has everything that the main banks have except hassle

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Loulou

 

The rules may be different if you are a Limited company, but generally there is no actual legal requirement for a Business to operate using a Business bank account.

The banks just like to encourage Business' to use Business accounts as it makes them more money that way.

As long as you keep proper annual accounts, pay your taxes and everything is transparent and proper then you can use any type of Bank account.

 

Just do a web search for Basic bank accounts, make a choice and apply.

These accounts do not have any borrowing facility, but that is exactly what you want anyway.

Most of them provide all the SO and DD facilities, online banking and cash cards. You may have to wait a while get a debit card or chequebook, and this time varies depending upon the bank, so you may have to change the way you do business for a short while. But on the plus side many of these accounts even pay interest upon credit balances, which you rarely get with Business accounts.

Everyone is entitled by law to have a basic account, and I believe there are ways to get this enforced (again do a web search, or a search of this site for advice on how to go about this if having problems) whereas there are no similar requirements for a bank to provide a Business account.

 

Why put yourself to the extra cost and grief of using a Business account?

 

PM

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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The problem with using a personal account as a business account you would have to use your own name as your business name eg Mr John Smith not John Smith Ltd, John Smith Associates etc. You lose the protection of a separate legal entity as your vehicle.You would invoice in your own name and all your customers would have to give you cheques in your personal name. You would need a joint name account if there are 2 people/man and wife. A lot of tax and NI rules relating to married couple businesses require a dividend issuing instead of drawings. This avoids/minimises tax/NI liability.

A ltd company liability must go through a separate account.

KBO

If you can't fight, wear a big hat.

 

Halifax... 2 successful claims....£518

 

CitiCards..... judgement and cheque (26/7/07) .... won £900

 

RBS business..... .....stay lifted reissued N1..... won £2105

 

Midland1 business.1996/1997.. first letter (27/6/07)....£1470

 

First Direct...... first letter (30/6/07).... £839.... stayed

 

plus another 13 banks/business/cc's to come for £10,000 plus.

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Thank you for your replies. We have a limited company so we need to have the business account. Have been advised to try Abbey and so I've been in touch today. They don't want to see Business account statements which is fab, I just hope that our rubbish personal credit ratings won't put them off.

 

What on earth has happened to the old listening banks that welcomed new businesses with open arms? They're all too busy listening to the computers saying 'no'...

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Can anyone tell me which forms I would need to use to sue a person who was 'Trading as' ? I want to submit a claim to the court and the guy we are chasing for payment is a 'Joe Bloggs T/A xxxxxxxx' ; so he is using a company name but it's not a Limited company... giving us the run around... want to nail (CAG) him!

 

It's Stat demand time..

 

Thanks

 

Sarah

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You use the standard N1 claim form. You list the defendant as J Bloggs T/A A con-merchant for example

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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Thanks :D Actually, after looking over the net I came across the form 6.1 the Stat demand - what would that be for in relation to the N1 - don't want to waste court time when we can go straight in with a stat demand. It's a crystalised debt (no dispute - he just won't pay.)?

 

Also, it asks for a court, the guy lives in Luton, but the people who did the work are in Shrewsbury - which court do we present it to, Shrewsbury or Luton?

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If you are taking him to court, then you need to use an N1 (claim form). If the guy you are sueing lives in Luton then you can choose - Luton or your local court (if that is different). If you are suiung the guys that did the work, then the same applies - Shrewsbury or your local court.

 

Form 6.1 has to do with insolvency - I'm not sure who can issue one but I'm pretty sure you can't issue one for any old debt.

 

 

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I would caution against a stat demand. To issue it you have to be certain that he is trading insolvantly as it is one step off bankruptcy. If he isn't insolvant, it could end up costing you. I would stick to the court process.

Please Click The Scales if I have been of help to you.

 

 

Kensington Mortgages withdrawn. no costs

NatWest Settled in full

Abbey Court Settled in Full

Capital 1 settled in full

Halifax settled in full :D

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Well, the business he had the websites made for closed down a few weeks back and did not pay his accounts, as it was not a Limited company and he had a partner who I believe is filing for bankruptcy, or so I was told-difficult to know for sure, then it seems he is liable personally. The business has been closed anyway, but he is hiding behind a veil of 'stories' being told to anyone who asks. I'd say he's as near to insolvent from that particular business as he's likely to be.

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The person does not need to be insolvent for you to issue a SD. It costs nothing to issue one, however if he is close to BR then it probably won't help you get your money. By issuing a SD you are saying that if the person does not pay up you will petition for their bankruptcy. Which will cost you money and you may get nothing back.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 2 weeks later...

Nothing on Google either andrew1:confused:

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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Slightly off subject, but useful for those who might have had companies turn bad on you and not paying accounts: Lycos Search Results

 

This seems to be a case where the Director has been somewhat economical with the truth when signing for new purchases when knowing the company (Ltd) to be insolvent and likely to go into liquidation. Having had a company or two do that to me in the past it seems hiding behind Limited Liability is not what it used to be when the Directors know there is not a chance it will survive. There seem to be numerous articles about it in trade press like Credit Today and various other websites. Interesting and could be a useful for those companies that have fallen foul in the past. You'd just need to know / prove that the Director knew it was insolvent.

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Loulou

 

The rules may be different if you are a Limited company, but generally there is no actual legal requirement for a Business to operate using a Business bank account.

The banks just like to encourage Business' to use Business accounts as it makes them more money that way.

As long as you keep proper annual accounts, pay your taxes and everything is transparent and proper then you can use any type of Bank account.

 

Just do a web search for Basic bank accounts, make a choice and apply.

These accounts do not have any borrowing facility, but that is exactly what you want anyway.

Most of them provide all the SO and DD facilities, online banking and cash cards. You may have to wait a while get a debit card or chequebook, and this time varies depending upon the bank, so you may have to change the way you do business for a short while. But on the plus side many of these accounts even pay interest upon credit balances, which you rarely get with Business accounts.

Everyone is entitled by law to have a basic account, and I believe there are ways to get this enforced (again do a web search, or a search of this site for advice on how to go about this if having problems) whereas there are no similar requirements for a bank to provide a Business account.

 

Why put yourself to the extra cost and grief of using a Business account?

 

PM

This is good advice, I had a Lloyds business acount which I was paying through the roof for so I set up a personal acount with hsbc, no od just a switch card and cheque book. I do all my sales online so didnt miss not being able to pay to business name, then just keep good records of whats what. The charges are next to nothing, no fees for a very rare cheque I pay in and best of all if I draw from paypal it takes 3 days to clear and not 7 like it did on the business account.

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Just found this interesting article on a website.

 

Very interesting for anyone in pre-trial negotiations with their banks.

 

It gives an insight into some of the reasonings and methods used by banks solicitors when making offers, and also presents some useful advice for those receiving offers, as well as some useful tactics to use if your proposing offers of your own, or negotiating upon offers.

 

I think this could warrant a thread to discuss this. Maybe there is already one on site?

 

I'll have a look and post a link, otherwise I'll start one in the general forum and post a link to it here.

 

 

With credit acknowledged to Glovers Solicitors LLP, the original authors:

 

26 December 2007

Article by Catherine Connolley

 

 

Part 36 of the Civil Procedure Rules allows a party to litigation to make a settlement offer before trial on terms that if the offer is not accepted and the opposing party fails to beat the offer at trial the Court is likely to impose severe costs and/or interest penalties. The Part 36 offer procedure can, if used wisely, be a very powerful negotiating tool and it provides a great incentive to settle.

 

Part 36 offers can be made by both Claimants and Defendants so either party can put its opponent at risk of serious costs or interest penalties by refusing to accept a well-pitched offer.

There is no longer a requirement to support a Part 36 offer with a payment into court which means an increasing number of Defendants are using this procedure.

If an offer is made by a Defendant who is then unable to pay within 14 days of its acceptance, judgment will be entered against him without the need for a trial.

If the offer is not accepted and a trial takes place the offer remains "without prejudice as to costs" during the proceedings i.e. the court will not be aware of it until the outcome of the case has been decided and the issue of costs is being determined.

There are a number of different scenarios, which could occur where a Part 36 offer is made, the most common of which are described below:

 

The Defendant Makes A Part 36 Offer

 

 

The Claimant Accepts The Offer Within 21 Days

Outcome – The Defendant pays the offer figure and the Claimant’s standard costs up to the date on which the offer was accepted.

 

The Claimant does not accept the offer.

The Claimant wins at trial but is awarded less than the amount that the Defendant offered.

 

Outcome – Even though the Claimant has won the case it will recover standard costs only to the last date the Part 36 offer could have been accepted. The Claimant will normally be ordered to pay the Defendant’s standard costs from the last date on which the offer could have been accepted plus interest on those costs*. In this scenario, as trial costs are high, the Claimant could end up paying more of the costs of the action than the Defendant.

 

The Claimant does not accept the offer.

The Claimant wins at trial and is awarded more than the amount that the Defendant offered.

 

Outcome – the Defendant will be ordered to pay the Claimant’s standard costs in the usual way (i.e. as if no Part 36 offer had ever been made).

 

The Claimant makes a Part 36 offer

 

 

The Defendant Accepts The Offer Within 21 Days.

Outcome – the Defendant will be ordered to pay the Claimant’s standard costs up to the date on which the offer was accepted.

 

The Defendant does not accept the offer

The Claimant wins at trial but is awarded less than the amount that the Claimant offered to accept.

 

Outcome – the Defendant will be ordered to pay the Claimant’s standard costs in the usual way (i.e. as if no Part 36 offer had ever been made).

 

The Defendant does not accept the offer.

The Claimant wins at trial and is awarded more than the amount of the offer.

 

Outcome – The Claimant may be awarded interest of up to 10% above the base rate on any damages and costs on an indemnity basis and interest on costs from the last day after which the Defendant was expressed to be able to accept the offer*.

 

* If a party fails to beat a Part 36 offer, when considering the costs award to be made, the Court will take into account the stage in the proceedings when the offer was made; the information available to the parties at the time; and the conduct of the parties in giving or refusing to give information for the purpose of enabling the offer to be made or evaluated.

 

The offer will usually remain open for acceptance for a period of 21 days on terms that costs will be paid by the Defendant up to the date of acceptance within that period. An offer will remain in force beyond the 21-day limit unless the offering party has withdrawn it and therefore both parties should review an unaccepted offer as each stage of the litigation unfolds.

 

Tactics

 

A Defendant will aim to pitch his offer at a level that is just high enough for the Claimant to be worried about the risk of not accepting it.

 

A Claimant will try to pitch an offer low enough that the Defendant would be unwise to refuse but that is not significantly below what they could realistically expect to receive at trial.

 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

 

PM

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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Here Y'all go, I've started a thread for anyone wishing to discuss this:

 

http://www.consumeractiongroup.co.uk/forum/general/125636-36-offers-implications-tactics.html#post1312813

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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Hi can anyone help with advice???

I had a limited company account which is closed. I claimed interest on that account and RBS sent me a cheque for the full amount in the name of the company. I phoned to ask if they could redo the cheque in my own name as I issued the court proceedings for this account in my own name.

They said they would do this if I sent the cheque back which i did. They have since written to say they would not be sending any cheque as the account is now closed!!! So I had a cheque for the full amount in the company,s name and now I have nothing!!! What do I do ????

Please Help

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Hi

 

I have now a defence from Cobbetts on the basis that i have claimed personally on a business account and the account is closed as well as the business. However i closed the business without any debt july 07.

 

I was also the sole director and personally guaranteed the overdraft.

 

After the account was closed the final overdrawn position was £11k and had to reach a financial settlement personally to prevent legal recovery.

 

Therefore do i still have a valid claim or not ?

 

I am at the allocation questionaire stage

 

Many thanks

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