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HRB

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  1. Scott, Thanks for this confirmation re the 1977 Act. HRB
  2. Does the Unfair Contract terms Act 1977 apply to reclaiming charges applied to a business bank account in Scotland ? If not which is the correct legislation to go for the penalty charges. The business account in question is for a "trading as" business and not a Ltd Co.
  3. Which is the legislation applying to claiming back bank penalty charges applied to business accounts in Scotland .. does the Unfair Contract Terms Act 1977 apply . The business account in question is for a "trading as " business (and is therefore very personal) and not a Ltd Co. I have been totally successful in claiming back charges applied to a personal account but need to know the correct format to use in courtfor the business account. Anybody out there with this info ??
  4. Does anyone know re the legislation which applies in Scotland for claiming charges on business accounts as opposed to personal accounts. Partnerships - not Ltd liability companies. Does the Unfair Contract Terms Act 1977 apply or is it something else ??
  5. Can anyone assist with the legislation which applies for a business account claim in Scotland ? Does the Unfair Contract Terms Act 1977 apply as it would do to a personal account claim. The account is a "Trading As " account and is not a Ltd company account ??
  6. Clydesdale have settled in full re my first claim of over £5000 and I am back in court v. Clydesdale this week with a final claim for £3000 for another account. Would be interested to know how ou get on today - 18th Dec ?
  7. Very interesting day in Court today. I am concerned about discussing, over this very public forum, the results of todays court hearing and my tactics for the next round. Presumably our opponents have a good look around this site to see what is happening from our side. Let it be said that I was pleased with todays outcome and would be happy to discuss details by direct e-mail etc. Once the outcome is known, I would be more than happy to have the story told over the site to assist others in their quest for satisfaction. Do you want to have a quick private update ? I am not sure we can do this within this site?? HRB
  8. Clydesdale Bank. I hit them with 7 small claims (on my personal account) covering different periods and they have intimated that they will defend the actions but they have asked the court to "conjoin" the actions and have further asked that the "conjoined actions" be remitted to the Ordinary Roll under rul 15(1) of the Small Claims Rules 2002. My interpretation of this is that they want to have the hearing for the total amount covered by the small claims actions but I am unsure what they mean by asking for the action to be be transferred to the Ordinary Roll. Rule 15(1) of the Small Claims Rules refers specifically to the transfer of a claim to another court?? Anybody any thoughts or experience of this type of defence? HRB
  9. Piggy Bank. I have hit the Clydesdale with 7 small claims, all covering different periods and they have intimated that will defend them " craves the court to conjoin the actions and remit the conjoined action to the Ordinary Roll under Rule 15(1) of the Small Claims Rules 2002" What does the "Ordinary Roll " mean and has anybody had experience of the request to transfer to another court ? I have brought the claims to court in the town in which I reside and in which the bank branch in question is located. and I assume thet this is the correct location, in fact this was confirmed by the court officer who accepted the claims paperwork originally. I presume from this that they want to lump the claims together but Rule 15(1) specifically talks about "Transfer to another Court" Does anyone have experience of this reaction to claims? HRB
  10. Gav, I believe that they would need to be chased for the full amount you are claiming and a series of claims totalling up to the full amount - split by date order of the charges applied to the account - will be needed. HRB
  11. Thank you, must have missed this when I looked through the UK threads. HRB
  12. Here is the problem... I am going after 2 of the "proper" clearing banks for return of charges. I state the obvious that the reason the charges have been high on the accounts is that there have been a "few" bounced cheques and Direct Debits over the last couple of years. There is also the matter of a CCJ which was satisfied but is on my record. My financial problems causing all this adverse record have been resolved recently but it still leaves me with a potential problem in opening a "safety" bank account assuming my existing bank could close the existing accounts when my claim for refund of charges goes all the way. How does one open a new account with a new bank when you have an adverse credit record.. I know there are basic bank accounts but how do you find out about them? I do not want to make a few applications, get knocked back and them find the applications show up on credit searches and the spiral gets worse? Help !!
  13. Gav, You have to split the total claim into date order and make up a series of Small Debt Claims, up to a total of £750 max per claim, for the total amount. It costs £39 per claim but you will be claiming for court expenses anyway so it is worth the extra trouble. HRB
  14. George, Was your claim over £750 and if so did you do multiple Small Claims actions ? HRB
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