business claim 1992 and onwards

[Parkvale]

Arrangement fees are their fees for arranging your overdraft renewal. Very frustrating and expensive, but unfortunately not claimable.

[sharpgun]

one last question have found some more statements dating back to 89 can i add them to my claim as i am not at court stage yet

[caro]

Yes add them on. I'm rather curious about the arrangement fees. For £5,000 they must have done an awful lot of arranging. Could you post a bit more detail about them please.

[Parkvale]

The arrangement fees or renewal fees are clearly stated on your borrowing terms letter. This fee is payable everytime they renew your business overdraft. In my case sometimes that could have been 3 or 4 times a year. At £220 a time it soon mounts up. So over a few years. £5,000 isn't such an unachievable figure. I am almost certain this is not a penalty charge.

[sharpgun]

yes it was whenever he renewwd my overdraft which at that time 1988/89 was 450k limit

[caro]

It would seem a genuine service charge then, but by the same token a nice little earner for the bank.

[Parkvale]

Sorry about being the bearer of bad news on this one. Yes Caro indeed a nice little earner.

[sharpgun]

ok next week can take nat west to court,got n1 forms, first question, brief details of claim?illegal charges and interest.

2nd question the values... with interest or with out?

3rd question if i want to claim expenses do i add these now?and finally p.o.c. do i need specifically for bussiness and pre six years?

any help appreciated some of tes questions i think i know but i just want to be right

[sharpgun]

hello anybody there

[hedgey06]

ok next week can take nat west to court,got n1 forms, first question, brief details of claim?illegal charges and interest.

2nd question the values... with interest or with out?

3rd question if i want to claim expenses do i add these now?and finally p.o.c. do i need specifically for bussiness and pre six years?

any help appreciated some of tes questions i think i know but i just want to be right

 

These should help N1 Claims form in .PDF format with form filling and 4. Particulars of claim - N1 - hard copy version you to complete the N1 form. However, I'm not sure if you need something more specific for a business claim - I'll check this out (along with the pre-6 years which I think are fine, I have some on my own POC).

 

You also include the 8% interest at this stage also.

 

I'm not sure about the 'expenses'. Are you talking about things such as the SAR fee, recorded delivery payments, etc?

[photoman]

ok next week can take nat west to court,got n1 forms, first question, brief details of claim?illegal charges and interest.

2nd question the values... with interest or with out?

3rd question if i want to claim expenses do i add these now?and finally p.o.c. do i need specifically for bussiness and pre six years?

any help appreciated some of tes questions i think i know but i just want to be right

 

1/ Brief outline of claim = "Return of penalty charges and interest thereon with regards bank account xxxxx sort code xx-xx-xx as held by the claimant with the Defendants company"

 

2/ Amount claimed/ Total amount = The full amount of the claim including any interest you are charging them.

 

3/ No, you don't add expenses on at this stage, the court fees will either be added onto any out of court negotiations with solicitors, or will be added on by the court at the time of judgement. Any other expenses (printing, travel costs, claim for time etc), you will need to claim after settlement/judgement as a wated costs order.

 

Remember to be careful about what you do and don't include in your particulars of claim, in light of fact that this is a business claim (eg, don't include references to UTCCR 99 or any other consumer only statutes, decided cases, laws or regulations etc).

 

Remember that if you are trying to claim Contractual interest, it is now pretty much decided that you cannot try to do so by pleading Mutuality and Reciprocity, or implied terms into contracts. Such an approach is now pretty much decided (see Halliday v HBOS) as being inapplicable, and will very likely not be regarded or allowed by a court.

[hedgey06]

Additional guidance for business claims (POC) can be found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

[sharpgun]

yes but theres no referance to pre six years

help needed, i want to start striaght away

[GaryH]

Add this section in.

 

5. a). In so far as any charges relating to the period before xx/xx/xxxx, the Claimant wishes to invoke s.32 (1) (b) of the Limitation Act 1980 in that the Defendant deliberately concealed the true cost of administering the contractual breaches committed by the Claimant and thus essential facts relevant to the Claimant's right of action have been concealed and continue to be concealed by the Defendant.

 

b). Alternatively, the Claimant seeks to rely upon s.32(1)© of the Limitation Act. The Claimant paid the charges in the belief that they reflected the true cost of administering the contractual breaches. The Claimant has now discovered, following revelations relating to a similar organisation, that the true costs are much lower and that the belief held by Claimant was in fact mistaken.

 

It is thus submitted that in accordance with s.32(1)(b), s32(1)© and s.32(2) that the time period for the purposes of the Limitation Act does not begin to run until the Claimant’s reasonable discovery. This was the 21st March 2007 when the revelations were made public.

 

[sharpgun]

thanks gaz

[sharpgun]

). In so far as any charges relating to the period before xx/xx/xxxx,does this mean prior to six years from now? and put the six years ago date in?

[GaryH]

The date you enter should be 6 years ago from the date you file the claim. I.e if you file tomorrow it would be 27 July 2001.

[sharpgun]

ok

just got poc done, filled out cheq, and OFT jump in. But is it true it doesnt effect bussiness cliams?

[GaryH]

No, carry on as normal. Business claims are not effected as far as I'm aware. I will double check though, but for now carry on exactly as normal...

[sharpgun]

does this ruling weaken or strenghen my position in any way?

[GaryH]

There hasn't been a ruling, all thats happened so far is that a test case has been commenced. No, it won't effect your claim either way.

[sharpgun]

hi all,

just come back from kores working. had some post fro m cobbetts and the court to acknowledge they have received all the paperwork regarding my claim. I think i will get a letter in the next few days saying they are asking the court to stay proceeding pending the high court hearing.

any ideas anyone so i am prepared

[hedgey06]

Download the template ready to oppose their application - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/17065-application-removal-stay-updated.html#post1046820. Make it quite clear that this is a business claim, and - as such - is not concerned with the UTCCR. Could well be worth ringing the court and having a conversation about this also. Best of luck

[sharpgun]

thanks hedgy but maybe im mis reading the application but surely i want to oppose an application not remove one, as i say maybe im mis reading it

[hedgey06]

The link above is to oppose their application - but it can also be re-worded to have a stay lifted as well.