DOS v Barclays - Business Account

[Destinyofsouls]

I have claimed against barclays for my Ltd company, and have used the consumer POC. ( I think)Directions hearing is on 16.8.07. I have just rung the Lit team and waiting for Tom hickey to call back. Lady I spoke to said " you do know it's not a consumer case don't you?"

 

 

This is the POC I used. HELP!!!

 

Destiny & Sons Ltd - CLAIMANT

 

And

 

Barclays Bank PLc - DEFENDANT

 

PARTICULARS OF CLAIM

 

1. The claimant has a current account with the defendant, conducted on their Standard terms and conditions.

2. The defendant has applied charges to the claimant account from February 2001 to present day totalling £2140.00.

3. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.

4. The claimant claims £4,647.50, being the sum unlawfully debited

5. The claimant claims interest pursuant to S69 of the County Courts Act 1984, being the sum of £ 279.14

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

Full name: ___________________________________________

 

 

 

SIGNED______________________________________________

Position _____________________________________________

Date __________________

[dar£n]

>>

[Destinyofsouls]

so is this the wrong POc then?

[Destinyofsouls]

spoke to Tom Hickey and he says they are dealing with July cases and would not be able to look at this until the 1st week in Aug

[dar£n]

sorry thought your hearing was tomorrow, getting mixed with another claimant....

AGAIN, please keep to ONE THREAD, your claim needs to be able to be read from the start without having to look up each and every post you have dotted around the site.

[Destinyofsouls]

Just found this, and it's not too dissimilar is it?

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/105213-guide-business-claims.html

[Destinyofsouls]

sorry thought your hearing was tomorrow, getting mixed with another claimant....

AGAIN, please keep to ONE THREAD, your claim needs to be able to be read from the start without having to look up each and every post you have dotted around the site.

Dar£n,

This is only one thread, the only thread I have on this claim

[Destinyofsouls]

Could someone have a look at this POC for me, it's for a Ltd Co claim

 

Thanks

[Destinyofsouls]

bumpity bump