How do I correct a wrong type of claim or proceedure?

[Diego]

Hi to you all, this is my first (nervous!) post with CAG. I really look forward to making a positive contribution in this forum as well as gaining help in making a successful claim. I have had an acceptable settlement offer from one bank so far, a private account. My quest here is in connection with a Lloyds TSB business account and and a claim approaching £2500 inc interest. I have taken all appropriate steps and have already proceeded with action in the HMCS Money Claim on line. I have been notified that the bank has until May 22 to respond. However, this being a business account I believe that I have dropped a clanger() because the proceedure I followed was for private accounts. So..... Should I cancel this action and proceed according to what I am learning here? I am pretty certain on research that the banks defence will be that Unfair Contracts Terms Act 1977 and Unfair terms in consumer Contracts Regulations do not apply to business accounts. Or at least that my proceedure is incorrect. I would appreciate your comments please.

[Bookworm]

You are right, the UTCCR don't apply to business accounts.

 

Have a read at this:

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

 

and this:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/486-sample-letter-your-bank.html

 

Hopefully, it will help you work out what you need to do, and how to proceed.

[Diego]

Many thanks Bookworm.

Relative to my present action utilising the UTCCR, it would seem to be a judicious move to cancel this action and start again with CAG guidance for business accounts.

[Bookworm]

It depends really on how much of a mistake you've made, and how much you have paid up in court fees. It might be cheaper and simpler to pay £35 to amend your POC, using this:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

Have a good read through, and decide afterwards how you want to proceed.

[herbs]

Hi i have a similar problem but i havnt yet filed an action with the hmcs i am waitiing for barclays to make a decision should i cancel it now as i have included interest and used a template for a private account or wait for the banks response.

Martin

[Diego]

Hi Herbs, See how they reply. They'll probably say that the UTCCR doesn't apply to your claim, in which case, IMHO accept their comment and research the CAG info and forums as Bookworm suggests. (See previous posts, this thread.) Loads of help for business claims here in the URLs he gave.

 

All the best.

[GaryH]

and forums as Bookworm suggests. (See previous posts, this thread.) Loads of help for business claims here in the URLs he gave.

Oh dear - your in trouble now! Big trouble!!

 

There is a guide to amending a claim here -

 

http://www.consumeractiongroup.co.uk/forum/lloyds-bank/47344-claim-too-vague-defence.html

[Diego]

Oh my goodness! My sincere apologies to Bookworm. Lesson here - check profile before using gender related terms . Thanks GaryH - (just a minute while I check:) !) for your comments and help.

All the practical assistance offered is much appreciated.