Claiming on a Business account? Lets join forces?

[scott150663]

hi all

 

im Claiming £37000 from nat west (business account) so ill join this thread as well

 

can anyone tell me if it will make any difference as i have sent my MCOL with the template from a private account rather than a business account

 

i.e. consumer law has been mentioned

 

thanks for any advice u can give

 

regards scott

[scott150663]

37 Grand

 

and u are still in business

 

Good luck with the claim and keep me posted

 

 

lol yes and doing very well ( nat west are totaly crap at helping new business's . they are only interested in taking as much money as possible)

 

there reason not to lend me money was I GREW TO BIG TO QUICKLY!!!!!

 

unreal

[scott150663]

photoman

 

thanks for your reply i will speak to mcol on monday and will post ther advice in case it helps anyone else.

 

answers to your questions are as follows

 

1. Q...how did i arrive at that figure

A.... only claiming for cheques &ddi's

2. A... only legit charges yes no arrange ment fees etc

interest.... ( actual charges Are 26010 Interest 10280 +4000 mcol fee

i used a template on moneysavingtips to work out the interest to charge(all my charges are between Jan 01 &May 03 so alot of interest to be reclaimed)

 

thanks photoman for replying it a great help to be pointed in the right direction

 

thanks again

Scott

[scott150663]

im ready to send this into court on monday, i would appreciate any comments as i m paying £35.00 to ammend my original POC form. Please note this is a BUSINESS ACCOUNT

 

Claim No xxxxxxx account No….xxxxxxx

PARTICULARS OF CLAIM

 

 

1. The Claimant had an account with the Defendant which between the dates of

01/12/2000 And 01/06/2004 the defendant applied numerous default charges.

 

2. During the period in which the Account had been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the common law. The precedent for the law relating to contractual penalties was set in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd (1915) AC 79. Additionally, in the case of Murray v Leisureplay (2005) EWCA Civ 963 it was held that a contractual party may only recover damages in respect of its actual loss or liquidated losses. They are also contrary to common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ xxxxand any interest charged thereon;

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

 

I believe that the contents of these particulars of claim are true

 

 

Signed: Date

THANKS FOR ANY REPLIES

SCOTT

JUST A NOTE AS IT MIGHT HELP SOMEONE IF YOU AMMEND YOUR POC IT HAS TO BE IN RED INK .......

[scott150663]

Hi everybody-am in process of claiming for both personal (£6758) and business (£11952) accounts with the Bank of Scotland.Heard nothing from Bank re business account despite having sent two letters. Phoned local court today and was told that I would have to consult a solicitor because of the amounts involved. Starting to crap it ! Will the fact that I don't have an overdraft or loan with my business account go against me ?

Any advice much appreciated x

largo

 

 

im claiming £37000 from a business account which is more or less the same process as claiming from a personal account. in my experience so far i would recommend doing it yourself just read lots of threads and make your own decision (the amount u r claiming makes no difference wether its £1000 or £ 40,000

 

regards scott

[scott150663]

Largo

 

yes try through the small claims the judge might move it to fast track but the process is the same,the outcome of which ever track u use will be the same which is you win so don't worry about it to much it Incidentlly when you fill in your poc for the business account don't make references to consumer law. hope this has been some help

regards

scott

[scott150663]

photoman

excellent reply ithought about about using a solicitor but decided against it after reading through various threads (hours of my time ,but time well spent as i have gained alot of knowledge which im sure will result in me winning my case.

[scott150663]

hi everyone

 

i got notification from the court that the judge has approved my ammended POC (COST £35) i had already sent cobbetts a copy so i faxed them a 2nd copy along with a copy of my charges (again).corbetts said thet hadnt recieved the other copies (normal stalling tactics i believe).i followed up the fax with atelephone call to confirm they had recieved all the pages and would they require any other info faxed to them.They replied that they had all the info that they require so i asked them whether i could also claim the £100 for the AQ the reply was YES they will pay u that as well,ithen asked at what stage they are at with there defence and i was told that it will now be up to the nat west to decide on what course of action to take.i'm assuming im close to being paid out am i correct? or have i got more suprises coming my way.....

 

any comments would be appreciated

regards scott

[scott150663]

hi everyone

i ve reiceved corbetts AQ today can someone confirm what the following means and do i need to reply to corbetts?????

 

 

case management directions cannot be proposed until the claimant serves a reply to the request for further infomation which was due on 19th March 2007. In light of this, the defendant may amend its defence or apply to strike out.

im assuming they are refering to cpr request which i refused to answer and sent them a letter from the template section explaining my reasons..

 

Just for anyone who is claiming more than £5000 My claim is for £37000 and corbetts are requesting fast track and are asking the court to allow 3 hours for the case to be heard....

 

is this common what will happen next

 

thanks for any replies

 

scott

[scott150663]

hi breezy girl

 

welcome first of all

 

the one thing you need to know is YES YES YES you can claim all charges for returned cheques returned DDI's etc you will get all your money back ...But you need to read lots of info on this site if you cant work out what to do post on here and someone will ALWAYS helpyou.

dont be scared we were all like you when we first came to this site. there are loads of great people on this site that will help you all the way...

 

so be strong

 

go get your money back girl

 

best of luck

 

scott

[scott150663]

who's going to tell the official reciever that you have reclaimed bank charges ??

 

The bank?

cobbetts ( how would they know?? )

 

or inform the OR yourself..!!!!!!

 

any comments

[scott150663]

There's a lot to be said for the unsaid :D

 

 

lol......lol...........

 

 

on a need to know bases i would assume

 

 

lol

scott

[scott150663]

congrats massey

 

 

i also won today

 

 

£35,987.94

 

 

scott

[scott150663]

1 final question

 

the cheque is made payable to my co.name i asked for any cheque to be made payable to my name should i send it back(im not worried how long it takes to get a replacement chq)

 

any help welcome

 

scott

[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

[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

[scott150663]

Hi can anyone help. Is there a maximum amount you claim for throught a business account in one go. I am trying to claim for a total of £8,000 which includes interest. Or shall I split it into two claims. Although I have all the data, I have not made claim yet. Coz I was thinking about the final outcome at the court.

So to summarise.

1. IS there a maximum amount you can take throught the small claims for a business account. Is it the same as a personal account i.e. £5,000.

2. The claim is with HSBC and I have not included any overdraft arrangment fees,overdraft interest, or stopped cheque charges.and I know that I wont be including the 8% interest charges at this stage, as I believe this comes within the court claim amount - like the costs & interest must be a maximum of £5,000 with a personal account. Please can someone help am I right here please? I'll donate to site when it comes throught. Thanks

 

 

Hi i reclaimed £36,000 successfully from nat west this year..........so if anything u will probably be put on the fast track court system which is a benefit 2 u...........

 

My claim was 1 claim and not split in any way........the downside is if you loose the case you are liable to the defendants costs very unlikely u will lose...........if you follow the cag way

 

Scott