Claiming on a Business account? Lets join forces?

[Celicaman]

I have spent all weekend reading this site and having completed prelim and lba stage I then went onto POC and filled out N1. Was going to issue at court this week but having read all these posts I have a couple of questions. I hadn't realized you could include contractual interest, we don't actually have an OD facility but could we still claim this and if so would I need to start process again?

 

Ermie

 

Hi & welcome to CAG

Firstly you can claim unlawful charges back. ( not including true services & charges for cheques, DD, SO & Credits)

2. You can try to claim the interest back that was charged on the charges.( only applies if you were always in OD, as if you were not, then they were not charging you interest on the charges, so how can you claim it back.

 

3. You can try to claim CI on the actual charges. (If you won in court you may/may not get this, but would be awarded Statute 8% interest by the court). It is worth reading up on as recent event (in the last week) on CI claim has put a hold on this cause of action being pursued. Advise read up on it before deciding.

 

4. You can try to claim CI on the overdraft interest charges. Again this does not apply if you were not OD all the time.

 

Hope that helps, i want to go CI as well but await further advice on CAG as to claiming it due to a recent case.

 

Celicaman

[Mucho]

Hi,

I posted this question elsewhere and was advised to post here.

I had an unauthorised overdraft of around £1500 plus a business loan of £10,000 with barclays, i couldnt afford to pay them back so barclays closed my account. I later settled this debt with a debt collection agency (around 75% of the original total). Part of this unauthorised overdraft were several charges i.e returned direct debits etc. I want to know if i can claim back these charges despite the fact that they are part of a larger debt that i did not fully repay????

 

I also received a letter from barclays saying that the debt had been settled (or something to that effect).

 

Can anyone help?

 

Thanks

[passivenomore]

Hi all...

 

I've just sent my original T&Cs for my business bank account with Abbey to the CAG evidence e-mail address. The account was opened in June 2002. If anyone needs these urgently, pm me your e-mail address and i'll forward them.

 

Good luck!!!

[ermie]

Having done the prelim and LBA stage I have done my POC and N1 forms but have to say I am loosig my nerve. can not afford court costs as I am now on maternity leave and will shortly have no income except my husbands and although if I felt we would win I'd find the money some how. Just read Gillin thread who has just lost, how common are these cases? and what costs are incurred if you loose.

 

Ermie :o

[photoman]

Having done the prelim and LBA stage I have done my POC and N1 forms but have to say I am loosig my nerve. can not afford court costs as I am now on maternity leave and will shortly have no income except my husbands and although if I felt we would win I'd find the money some how. Just read Gillin thread who has just lost, how common are these cases? and what costs are incurred if you loose.

 

Ermie :o

 

Ermie,

 

Firstly you may be exempt from paying the court fees in the first place, or at least only expected to pay a reduced rate.

See here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160a_0406.pdf

 

Also, regards your concerns about being liable for costs should you lose, then the whole overriding principle of Small claims, is that you are NOT liable for any costs should you lose.

How much is you claim total? If it is below £5k, it will almost certainly go into SCT with a no costs ruling. Even if slightly above, or a simple matter then the courts generally apply this anyway.

Regards losing, I have not read Gillins thread, but it is very unlikely that you would lose if you follow the route and advice on this site.

 

PM

[ermie]

Thanks for advice will read link I'm claiming on behalf of my husband and is under 5K but although at court stage i feel I am nowhere near ready for this. I do not feel confident enough to stand up in court and fight my corner, obviously alot more to learn. Perhaps jumped in before doing enough research should have paid more heed to PM coments. Is the book a good buy for this final hurdle.(Small claims procedure a pratical guide) Also I nee T&C for 2000. Will try link as no joy at home although a complete hoarder.

Can I go to court on behalf of my husband - signatory on his account and sign his N1 forms?

 

Ermie

[ermie]

Remember reading a posting on contractual interest where someone had placed a link to a spreadsheet, now can not find it, can anyone help?

 

Ermie

[tina9776]

Could someone please help with a bit of advise. I am about to file a claim for my husband's business at MCOL but as he is self employed do I fill in the bit for him as an individual or organisation. His business account is separate from his personal one and is not a Limited company. Would be very grateful for any advice.

[photoman]

Remember reading a posting on contractual interest where someone had placed a link to a spreadsheet, now can not find it, can anyone help?

 

Ermie

 

Ermie

If you are worried and concerned about doing the basic claim with stat 8%, then I would strongly advise that you do not even consider a claim for contractual interest.

Such a claim is a LOT more difficult, and risky in that it is still a very untested ground and principle.

I believe that the majority of Mods on CAG now consider that claims for Contractual interest have very little or no grounds for success, and carry a much higher risk of failing or being thrown out.

As such they are not encouraging people to go for such, and will not be able to give you much support or encouragement.

[ermie]

Thanks PM wanted to make sure I wasn't doing myself out of too much extra money.

 

Ermie :o

[kevvy1]

i already have copies of the guarentees with the court papers. The 8k is for charges alone interest to be added

[tina9776]

Bump, bump, it's time for me to file on MCOL for my husband's business but I do not know whether I put him down as an individual or an organisation. It's a Partnership - just him and me - so do I put this down as an organisation. It's not a limited company. Please could someone advise.

Thanks.

[monkey_man]

can somebody confirm please what i need to send next as I had an offer from prelim do I send a rejection letter or do I go on with my LBA please help!

[Celicaman]

Bump, bump, it's time for me to file on MCOL for my husband's business but I do not know whether I put him down as an individual or an organisation. It's a Partnership - just him and me - so do I put this down as an organisation. It's not a limited company. Please could someone advise.

Thanks.

 

You put it down as an individual, The bank is an organisation.

Either put your name or his down, its no difference, you are partners

 

Celicaman

[businessaccountrefund]

Hi, completely new to this forum. We are a limited company trying to claim back our charges. Does anyone know where i can get a step by step guide on how to claim back charges? These guides are everywhere for personal accounts and are so simple. Really appreciate any help or advice.

[Celicaman]

Hi, completely new to this forum. We are a limited company trying to claim back our charges. Does anyone know where i can get a step by step guide on how to claim back charges? These guides are everywhere for personal accounts and are so simple. Really appreciate any help or advice.

 

Hi and wewlcome to cag, all you need to know is available on here somewhere.

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/64975-business-claims-basic-guide.html

 

Also click on the thread at the bottom of here, it takes you to the templates Library where you will find basic template letters for all you need

 

Celicaman

[Celicaman]

Ah slight mistake, it only comes up if post is a long worded post, try this

http://www.consumeractiongroup.co.uk/forum/site-questions-suggestions/53182-cant-find-what-youre.html

 

Dont for get to bookmark pages so you can find them again

 

CM

[Celicaman]

Notice as well you have not started a thread of your own.

Heres the starter place where you can find the forums relating to your bank. When you find the correct forum for you, click on the start thread button and start your own thread. That way people in the same position as you and from the same bank can keep an eye on what you are doing and offer advice where needed, or asked for.

There are also thread started by others that may relate to parts of claiming that you can post questions on, but try to keep your progress of claim on your own thread so peeps can see what you have done so far and advise correctly

 

http://www.consumeractiongroup.co.uk/forum/

 

Best advice is to read as much as you can before you start, dont be afraid to ask questions, we were all beginners, not that long ago

Good luck

 

Celicaman

[businessaccountrefund]

thx celicaman,

 

i have had a look through the pages that you recomended. the one thing i havent got is the statements for the account. i did try sending them the letter template for the personal account. they declined the info. is there a request for information form somewheere for limited companies. thanks for your help.

[Celicaman]

thx celicaman,

 

i have had a look through the pages that you recomended. the one thing i havent got is the statements for the account. i did try sending them the letter template for the personal account. they declined the info. is there a request for information form somewheere for limited companies. thanks for your help.

 

 

Ok

Q1. You are a business and you dont have the bank statements, can i ask how, as this is a legal requirement for tax purposes and have to keep all books for at least 6 years, so you should have them ?

 

Q2. Are you claiming back past 6 years?

 

Try this for asking for the charges summary/statements. THis is a subject access request, which they MUST comply with within 40 Days !

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/516-1-data-protection-act.html

 

Use that template.You will need to send that with a cheque for £10 as per data request ( you may get cheque back, not all cash it ).

 

Q3.Which bank are you claiming from. ?

 

Only drawback with statements is:

 

HSBC statements only show charges as a whole on the statement and can include lawfull charges as well as unlawfull ones. So with them you need the summary of charges sheet which gives a breakdown of the actual charges from which you pick the ones you can claim back.

 

Some statements show the charges for OD fee & charges as item, and to claim correctly you need to be able to claim back the right things, However i know of one claimant who has just had offer today for business claim that he had put claim in for all the charges on statement as the bank did not supply the breakdown. ( He only just got the breakdowns after much badgering) and before he could even amend his claim, they have offered him pretty much what the ammended amount would have been but not the original amount of claim (which was double), so it seems they picked out the charges he could claim & offered them back, with interest as it was at court stage. Good luck or good managenent, who knows ?

 

All banks are different, so best to do it correctly as other banks could have got same claim to court and asked for claim to be thrown out as it was incorrect.

 

Keep reading & Learning.

 

Not being funny above but to advise correctly, peeps need all the info.

Again thats why your own thread is required, put in all your info of how and what (without personal details ) its your story of your claim, and all in one place is easy to follow:

Also others who are new can also follow it and learn what happens.

 

CM

[whirlyturtle]

Hi photo man - Can u help please. I have aksed for monies to be returned to me from Nat west. I am a small sole trader and had a Nat west business account and I am claiming bank charges of nearly £1,000.It's been done using all the templates from this site. They've send me a letter saying it will be 6 to 8 weeks before they can deal with my request for the money. Is this still viable or are they putting me off an I can I now take it further onto the next stage.Thnaks any help appreciated

[Celicaman]

Hi photo man - Can u help please. I have aksed for monies to be returned to me from Nat west. I am a small sole trader and had a Nat west business account and I am claiming bank charges of nearly £1,000.It's been done using all the templates from this site. They've send me a letter saying it will be 6 to 8 weeks before they can deal with my request for the money. Is this still viable or are they putting me off an I can I now take it further onto the next stage.Thnaks any help appreciated

 

Hi whirlyturtle,

If you have used the sites business prelim and LBA letters for your claim, you have now given them 28 days in total.

The letter is a standard Fob off letter. Its your claim and you control the timelines.

The next letter you get will probably be offer of part payment of your claim, with the usual your not entitled to this but as a gesture of good will we will give you so much.

File your claim, you gave them long enough, and they only say no anyway so why wait. ( this way as well you get to include the stat interest as part of your settlement figure )

keep reading up and good luck

 

Dont forget to update your own thread as to what you have sent and received, that way your progress is all in one thread. Its easy reading then for peeps to read and advise.

 

Celicaman

[andrew1]

Hi guys and gals, I wonder if any of you know or could tell me if the CCA relates to this scenario? :

 

Sole trader, with a 'Trading As' business name. Ordered building goods from suppliers and ran up a bill in excess of £20k.

 

Had difficulty with the contractor he worked on and used the goods on and was not paid by the contractor and has no likely-hood of ever getting paid.

 

The supplier of the goods let him run up the credit account over a number of months and has now sued him for the money, which is fair enough. BUT.. my question is: as there was never any credit agreement or formal application for an account can the company sue him personally without a credit agreement as say a bank or Credit card company has? This company are now chasing his assets (home) but I just want to check out the requirements. They have already got a Judgment, but he never went to court to defend so it was granted by default. I want to see if I can overturn this. Any thoughts? Cheers

[ataction]

Well not really relevant to this site, however he his liable for the debt, he should have gone to court at least he could have made an offer to repay the debt over a set period. He may still be able to negotiate some kind of stage payment, however he cannot get out of the debt, unless he is insolvent. This is contract law, and he has broken his side of the contract and does not have a leg to stand on.

[Goldlady]

I believe best course of action is to apply to the court to pay in installments Andrew. The form I think he needs is this one http://www.hmcourts-service.gov.uk/courtfinder/forms/n245_0204.pdf - but if he goes to the court they should be able to help. We tried this with CCJ for limited company and it was rejected by judge as not personal debt - think it cost us £65 to put the application in.