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bolli

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  1. Sorry did not think limited company claim was still active. I will stick to this one. As i mentioned before the bank,s solicitors are now defending the claim on the basis that i made the claim in my name (not the company) and therefore such a cliam is invalid. Do I have a case to pursue in my name as currently being claimed ?
  2. sorry was not sure if Limited Company claims thread was still active.
  3. Hi I have now a defence from Cobbetts on the basis that i have claimed personally on a business account and the account is closed as well as the business. However i closed the business without any debt july 07. I was also the sole director and personally guaranteed the overdraft. After the account was closed the final overdrawn position was £11k and had to reach a financial settlement personally to prevent legal recovery. Therefore do i still have a valid claim or not ? I am at the allocation questionaire stage Many thanks
  4. Hi Andrew I was the sole director and i closed the company without debt i also personally guaranteed the account. When the account was finally paid off (as it was in overdraft to the tune of sum £11k) it was me who personally had to reach a financial settlement to prevent any legal action by the bank against me. The bank's solicitors are now defending the claim on the basis that i have made the claim in my name (not the company) and therefore such a claim is invalid. Do i have any case to pursue in my name as currently being claimed ? I am now at the allocation questionaire stage
  5. Hi can anyone help with advice??? I had a limited company account which is closed. I claimed interest on that account and RBS sent me a cheque for the full amount in the name of the company. I phoned to ask if they could redo the cheque in my own name as I issued the court proceedings for this account in my own name. They said they would do this if I sent the cheque back which i did. They have since written to say they would not be sending any cheque as the account is now closed!!! So I had a cheque for the full amount in the company,s name and now I have nothing!!! What do I do ???? Please Help
  6. Hi can any one help with some advice I had a limited company which has since closed. I claimed back the interest on this account and the RBS sent me a cheque for the full amount in the company name. I phoned them and told them i wanted the the cheque made out in my name as the court case was issued in my own name. They said they would do that if I sent the cheque back.This I did and since then they are refusing to issue the cheque in my name as they have found out the account has been closed. I now have no cheque what can I do???? Help!!!!!!!!!!!
  7. Hi I have three Ltd business accounts at court stage with the RBS. The same day I filed in the small claims I received a letter from RBS offering me full refund for two of the accounts (no interest or court fees). However the cqs are in company name which has since closed. I am still trying to get the cqs re issued as I have made the claims in my name until this happens I will see them in court. I received a letter from Cobbetts to lift the Stays on business accounts!! So far yesterday judgment was entered against one claim as there was no defence so this should now get interesting!! Another claim is due to be heared on 19th Nov I have my court bundle ready and this is one of the accounts they have already offered me a refund!! so will now go for full costs. The third still waiting for court day.
  8. Help we have a court date on 19th Nov and need RBS T & C for business account. Ta anyone
  9. My GENERAL FORM OF JUDGEMENT OR ORDER WARRINGTON COUNTY COURT Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order , you must make an application to have it set aside, varied or stayed within 7 days of receiving it. IT IS ORDERED THAT Upon proceedings having been started in the Commercial Court, London, on 27th July 2007 reference number 2007 folio 1186 pursuant to agreements made several of the major banks and the Office of Fair Trading ("The Proceedings") And Upon reading the papers in the present action And Upon it appearing that the issues raised in the present action are the same and similar to some or all of those raised in the Proceedings. And Upon it appearing to the Court to be just to stay the present action until the outcome of the Proceedings is known. IT IS ORDERED THAT:- 1) The claim be stayed forthwith pending the ultimate determination of the Proceedings. 2) Permission to either party to apply on notice to lift the stay in accordance with CPR 1998 Part 23. 3) The stay be without prejudice to any negotiation between the parties to settle the action. 4) Unless the Court has been given directions in the meantime, the defendant shall within 28 days of the final determination of the proceedings apply on notice for directions. We will send in the paper work to lift the stay.
  10. My case against Barclays has been stayed at Warrington CC letter received 29th Aug.
  11. Following the judges ruling in Luton County Court (DailyMail 25/08/07) that Barclays Bank should not impose further penalties on the Claimant until after the OFT ruling next year then surely this should be extended to all bank customers in the UK. The Banks are being successful in staying all claims then in fairness they should not be applying charges until the outcome of the OFT case. The OFT case is about justfying the fairness of bank charges - then surely they should not be able to levy any such charges until the outcome is known as obviously there is some doubt as to how fair they are. If we could succeed in blocking the ability of Bank's to make charges then this would hit them hard! Any ideas as to how to gain momentum with this one?
  12. It merely provides the detailed breakdown of the charges by date/type and provides history of correspondence etc (Particulars of Claim) - used the web site layout for this.
  13. Barclays Defence. dated 07-08-07 1st 3 defence statements. 1. The Particulars of claim do not provide details or particulars of the account in question and / or the precise chargesalleged to have been unlawful, or the date thereof. To the extent it is alleged that the Claimant incurred bank charges on the Claimant,s account for unauthorised borrowins (whether unpaid fees for returned cheques, "Paid Referral fees" or any other such fees). the Defendant puts the claimant to strict sproof of each charge and the date thereof. 2. The Particulars of tClaim are summary in nature. Accordingly, this defence is summary in nature and the Defendant reserves the right to amend this statement of Case in due course. 3. The Defendant is entitled to chage the Calimant for unauthorised borrowings by reason of its standard terms and conditions. The Claimant accepted the same when the account was opened, including ( in particular but without limitation) the following terms and conditions (which are summarised): We have filled in and sent Barclays POC doc to Warrington. Do we need to do anything else? Thanks for your help.
  14. We have had to request the defence papers and they look complicated!!! We still have no date but the claim has been changed to where we live at Warrington C C what do we do next???
  15. Your Forum is fab i have three accounts at court stage and do not have a date or information what is happening next!!
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