Claiming on a Business account? Lets join forces?

[dorisfluffy]

I've phoned the court and they said that is ok. BUT now I can't find my copy of the N244 although I do have my amended N1 along with the spreadsheet. Should I do another N244? I can't remember the exact wording I put on it so would this matter?

[Celicaman]

I Suggest that you ring the court and ask them about this. Ask whether it would be appropriate for you to send directly a copy of your claim with the amendments and schedule of charges to the Solicitors

I don't see why not ?

It is not priviliged in any way, and they would be getting it all fromthe court soon anyway.

 

Lets us know what happens.

 

Best regards

 

Photo, I thought that you had to serve amendment papers on DG yourself, and that the court send them all back to you, not sent direct from the court, or am i thinking something else.

 

Seems like DG bully tactics anyway, telling DF only 7 days to reply when its the court that are behind>

 

i think you are right, ring court and tell them exactly what DG have said, and how you are worried, they will advise im Sure

 

CM

[dorisfluffy]

I've phoned the court and they said that is ok. BUT now I can't find my copy of the N244 although I do have my amended N1 along with the spreadsheet. Should I do another N244? I can't remember the exact wording I put on it so would this matter?

 

Any ideas or have I messed up completely?

[scott150663]

doris

 

Any correspondence whether its solicitors or courts, u should & must keep copies as u may need them at a later stage with your claim........

 

If u havent got a copy & cant get one from the court DO NOT try & remember the wording and send to the solicitors , u will have to wait until the court forward it on........

 

I cant see any other way around this

 

PLEASE PLEASE keep copies

 

Scott

[dorisfluffy]

Thanks for the reply, I'll keep looking for the form, I've got claims and statements up to my eyeballs here so it must be amongst it all.

[photoman]

doris

 

Any correspondence whether its solicitors or courts, u should & must keep copies as u may need them at a later stage with your claim........

 

If u havent got a copy & cant get one from the court DO NOT try & remember the wording and send to the solicitors , u will have to wait until the court forward it on........

 

I cant see any other way around this

 

PLEASE PLEASE keep copies

 

Scott

 

Myself personally.......

 

I have;

 

A filing cabinet with 8 very large bulging files, all seperated into various stages, ref etc.

 

Over 120 mb of files on my desktop, again all sorted into files, by stage, by ref etc.

 

All the above files from my desktop also backed-up onto a seperate hard-drive in case my computer fails.

 

Everything I type into my computer's files to post I also printout and file.

 

Everything I post, I send recordedand track it.

 

Everything I recieve I date and file, I often copy them too.

 

I am subscribed to over 180 threads on this site, anything I think of use I make notes and use it there and then.

 

I must recieve about 50 emails about posts on this site every day.

 

All my PM's that I have recieved are regularly downloaded onto my computer desktop files as txt files and stored by date and reference.

 

.... and this week I've just turned Platinum !!!

 

 

Some call me Anal........ but they won't when they see my cheque !!!!

 

 

Not suggesting we all need to go this far, but it is important to be organised and keep EVERYTHING !!!!

 

Best regards

 

Photoman

[dorisfluffy]

If I don't find the N244 which I'm sure I will having the whole weekend to search and file everything properly, I will send a letter to Martineau Johnson informing them that I have sent an amendment to my N1 claim to the court and will forward it once it has been sealed by the court. I'll enclose a copy of the spreadsheet of charges and interest (8%) with my letter. In fact I may do this anyway.

Any thoughts?

[groovycaz]

Hi all ive been looking through old paperwok and found about 15 letters the uncooperative wrote to me informing me of insufficient funds and what they were charging, £15 for the letter and £30 for item unpaid, ive also noticed that the signature is printed in the same font with their job title underneath, prooves they are computer generated, does any one think they would be of any use to the mods? they are dated 24 Jan 1997 to 20 July 1998...GC

[photoman]

Hi all ive been looking through old paperwok and found about 15 letters the uncooperative wrote to me informing me of insufficient funds and what they were charging, £15 for the letter and £30 for item unpaid, ive also noticed that the signature is printed in the same font with their job title underneath, prooves they are computer generated, does any one think they would be of any use to the mods? they are dated 24 Jan 1997 to 20 July 1998...GC

 

 

YES !!

 

Wil definately be of use to someone.

 

I suggest you go onto the Co-operative forum's and post on someones thread that you have this stuff.

See who ges back to you.

 

Regards

 

PM

[photoman]

Okay,

I'm thinking that I may apply to revise my POC's.

This is in light of the fact that the Bank, despite several requests have still as yet failed to produce a copy of the original contract.

However, I do actually have several signed agreements that relate to various overdraft facilities agreed on several occasions throughout the period (and I do believe they fit all the criteria required to be considered as contracts, ie; an exchange of agreements in consideration for others by the other party, signed dated and exchanged).

I am thinking that I may ask that the court allows me to amend my POC's to incorporate an amendment to paragraph 2 (which related to my contract in just a singular sense) to also encompass and be widened to include these subsequent contracts.

These agreements do very explicitly state a set overdraft limit that MUST (their words) not be exceeded.

Thus by exceeding or attempting to exceed these limits set, I have clearly broken the terms of the contract.

They do go on to say that charges as published etc are applicable to the account, HOWEVER...

They also state that this limit is INCLUDING any charges, interests and costs.

 

Firstly, any views on this?

 

Secondly, how do I go about filing such an amendment?

 

Thirdly, any suggestions for the wording?

 

Regards

 

PM

[mcnab]

Hi, I'm new here, but I am asking the courts to instruct Abbey Business to refund 2700 pounds in bank charges.

 

I have been sent a "General Form of Judgement or order" by the District Judge at my local Court.

 

It States;

 

"IT IS ORDERED that;

 

1) The claimant by 4pm on 6 June 2007 file and serve on the Defendant full details of:

 

i) What charges were levied by the defendant

ii) When they were levied.

iii)How much they were.

1v) Why they were unfair or a penalty.

v) What a fair charge would have been."

 

Items i) - iii) will be covered by my spread sheet and copy statements.

 

Any suggestions for the best form of words for the items iv) and v)???

 

Thanks and I'll keep you posted if this is the thread for that!

[scott150663]

Hi Photoman

 

1....The wording is fine

 

2....You will need to file a new N244 u will need 3 copies for the court (all ammendments need to be in RED ink) this costs £35 which is not reclaimable.......

 

3...as regards the wording.......Just make it simple and to the point...as long as the judge understands that is all that matters.......

 

Scott

[dorisfluffy]

If I don't find the N244 which I'm sure I will having the whole weekend to search and file everything properly, I will send a letter to Martineau Johnson informing them that I have sent an amendment to my N1 claim to the court and will forward it once it has been sealed by the court. I'll enclose a copy of the spreadsheet of charges and interest (8%) with my letter. In fact I may do this anyway.

Any thoughts?

 

Further to my above post would someone kindly look over this letter I have drafted to martineau johnson. I have decieded not to send a copy of my amendment to them until i recieve a sealed copy back from the court incase there is something wrong with it! This is what i propose sending with my spreadsheet, I have used some of their words in my reply:

 

My address

 

 

Martineau Johnson

35 New Bridge Street

London

EC4V 6BW

 

 

29th May 2007

 

 

Dear Sir/Madam

 

 

My claim v Lloyds Tsb Bank plc

Claim number: ********

Your request for further information under Part 18 CPR

 

 

Further to your request:

 

 

Account number :******

Name: *********

Sort code: *******

Enclosed: Individual charges I am claiming showing each charge, what it relates to and the date levied and a proper calculation of the interest I am claiming.

 

 

I have entered a form N244 to Northampton County Court. At present I am unable to set out the full legal basis of the claim until I receive a sealed copy from the court which I will forward to yourselves immediately upon receipt. It is not my intention to delay the claim. It is dependant upon the court to provide me with the information you have requested and for me to then forward to yourselves. As such i feel it would be inappropriate for you to make an application for a stay of the claim at this point.

 

 

Yours faithfully

 

 

 

 

 

 

 

 

dorisfluffy*

 

Thanks for any help:)

[dorisfluffy]

Hello

Can anyone help on my above post please? I need to get the letter sent.

Thanks

[elsinore]

I think it's fine, DF.

Make sure that the letter to MJ indicates that you have sent a copy to the Court.

 

Els:)

[dorisfluffy]

Thanks very much, will do

[paulsuebank]

Monkey man

In short YES, the Business claim letters are different !

Mainly, you should be careful not to make refernce to any consumer law or cases. ie; you cannot refer to UTCCR 99 BUT you can refer to most else, ie; UCTA 77, SOGA 82 , Common law and most cases used in consumer actions also.

 

I'm interested that you seem more definate about the laws pertaining to business accounts, i recieved a defence from 'Foot & Mouth' which stated UTCA do not apply to business. see http://www.consumeractiongroup.co.uk/forum/lloyds-bank/87126-paulsuebank-lloyds-tsb.html and full defence from Foots'

 

It would be useful to 'nail' which terms of law are applicable to business claims - anyone?

[photoman]

I'm interested that you seem more definate about the laws pertaining to business accounts, i recieved a defence from 'Foot & Mouth' which stated UTCA do not apply to business. see http://www.consumeractiongroup.co.uk/forum/lloyds-bank/87126-paulsuebank-lloyds-tsb.html and full defence from Foots'

 

It would be useful to 'nail' which terms of law are applicable to business claims - anyone?

 

UCTA77 and SOGA82 DO apply to everyone, and do NOT exclude Business accounts.

Ask them to point out any parts of the acts that indicate otherwise ??

 

They will not be able to prove otherwise, as this is not the case

 

In fact......

.... you might even be able to use this as grounds to have the defence struck out, and make request for judgement in your favour ?

 

PM

[Mrsmancmonkey]

Hi

I am new to this forum and just needed some advice please.

 

I am currently helping my mum claim back her business bank charges and her banks solicitors requested that they would strike the claim out as she isnt the named account holder of the business account. Which she is as its her company. I originally spoke with the courts and was told that they were stalling and that she could claim in her name or the business name it didnt matter however they wrote back telling her that they had requested a strike. So to save hassle she changed the claim from her name to her 'name on behalf of the company name'. Now the amount she is claiming is quite a lot and she is concerned that she is going to loose the claim as the judge has ordered a hearing for this strike in August, even though she has now changed the name to what the solicitors wanted her to change it too.

 

Has anyone got any advice off what we need to do, should we get solicitors involved so I dont !!!! this up for her or are we ok with this hearing.

 

All advice much appreciated

[photoman]

just bumping the last post

[dorisfluffy]

Hello all,

I've recieved my defence from MJ on behalf of Lloyds today. Its a 12 point defence and point one asks for it to be struck out for failure to provide particulars pursuant to CPR 16.4. On my previous post I let you all know I'm sending them a letter as I had to file an N244 and I am awaiting the court to send the sealed copies back to me so I can forward one to them. Well they have that letter off me and so does the court. What do I need to do now? The rest of the defence looks like the normal defence's that I've read about.

[photoman]

Hello all,

I've recieved my defence from MJ on behalf of Lloyds today. Its a 12 point defence and point one asks for it to be struck out for failure to provide particulars pursuant to CPR 16.4. On my previous post I let you all know I'm sending them a letter as I had to file an N244 and I am awaiting the court to send the sealed copies back to me so I can forward one to them. Well they have that letter off me and so does the court. What do I need to do now? The rest of the defence looks like the normal defence's that I've read about.

Doris

I would;

 

1/ Ring the Solicitors and ask them if they have recieved the amendment?

If they have, then I presume they are still trying to claim it is incomplete.

If they haven't then remind them of the letter you sent, and that the amendment will be with them shortly.

2/ Then ring the court, and ask them if and when it will be served.

3/ Call the Solicitors back and let them know when they should expect it.

I guess (but not sure), that after reciept of the amendment they may wish to then amend their defence.

 

Perhaps PM a Mod for clarification on this procedure.

 

Photoman.

[paulsuebank]

UCTA77 and SOGA82 DO apply to everyone, and do NOT exclude Business accounts.

Ask them to point out any parts of the acts that indicate otherwise ??

 

They will not be able to prove otherwise, as this is not the case

 

In fact......

.... you might even be able to use this as grounds to have the defence struck out, and make request for judgement in your favour ?

 

PM

 

Thanks Photoman, I will investaigate this further and certainly use this against the banks if this is the case

 

Cheers

Paul

[hoditandodit]

Hi there brilliant thread. I'm new to the group but have circa £5-9K in charges over the last 5 years with my Bank of Scotland Business Account. I know that there is fundemantal differences in how you can claim on personal accounts in England & Scotland . Is this the same with Scottish Limited companies registered in Edinburgh? Can we only claim £750 a time or upto £1500 in other instances or can the limited company claim for the whole amount? If there is a difference has anyone started a thread for Scottish Limited companies?

Regards Gary

[photoman]

Hi there brilliant thread. I'm new to the group but have circa £5-9K in charges over the last 5 years with my Bank of Scotland Business Account. I know that there is fundemantal differences in how you can claim on personal accounts in England & Scotland . Is this the same with Scottish Limited companies registered in Edinburgh? Can we only claim £750 a time or upto £1500 in other instances or can the limited company claim for the whole amount? If there is a difference has anyone started a thread for Scottish Limited companies?

Regards

 

Hoditanddoit

 

Firstly, you should remove your name from your post in order so as to avoid any personally identifiable info being public.

Secondly, glad you find the thread useful.

 

I'm not too hot myself on either Limited company claims or Scottish jurisdiction and procedures. Some others on here might be, and might be able to help

 

and I believe there might be some threads dealing with these.

 

......... otherwise ...... why not start one yourself ?

 

Feel free to come back here and post a link to it for others to join in.

 

 

Regards

 

PM