Abbey Business Account Question

[carlyt123]

Hi,

I have sent my first letter today and emailed it also. I was just wondering, I know you can claim for closed accounts, but if I go to court with my business account I have to file the claim in the business name, but then will the cheque be issued in the business name too, as I don't have the business account anymore?

Thanks a alot

Carly

[alanfromderby]

I assume that this was an unlimited entity, therefore you should be able to take action in your name, followed by "trading as" xxxxxxxx.

[carlyt123]

No,

I do have t/as ones, but this particular account in question was Ltd.

[alanfromderby]

I assume that the company is still active - obviously if it is not then I cannot see how a claim could be made, since it would be for the company to pursue.

 

If it is still active the best thing would be to open a building society account in the name of the company (you would have to show the incorporation docs). You can then pay any cheque into that, and then the money can be paid out to whoever is legally entitled to receive it.

[Seminole]

Just to be clear what is the status of the company at the moment. If it is no longer on the register, how was it removed?

[carlyt123]

Thanks so much for your replies on this.

Basically the Ltd company is still trading at the moment, due to cease trading end of April time, may be able to drag it out until mid May. I have already sent my letters off hoping I will get a response before the business closes, but obviously I doubt this will happen.

I am unsure if I will be able to keep my account open or not once companies house has taken the business off the register or how long that would take, so I may be ok for time, but I'm just not sure. From what I have read on this site the process can take several months, so I don't know.

To be on the safe side I was thinkning of going to another bank and opening another business account in the same name that no-one knows about and then when the business closes keep that one to pay into.

What do you think?

[Seminole]

Just to be clear that ceasing to trade and being struck off the register are not the same thing. The company can stop trading but continue to exist. In these circumstances I would open a new company account and keep the company going at least until the claim can be dealt with. Then, if nothing else, the proceeds of the claim could be distributed to the shareholders or offset against the liabilities of the company on dissolution.

[dcefx]

If the company is wound down properly then it's assets and rights can be assigned to a third party (typically shareholders). If you've done the wind-down properly and you have the necessary authority then you can persue the claim because you own those rights.

 

The issue of deviding up any settlement you receive will depend on your unique circumstances and the liabilities at the time of wind-down.

[carlyt123]

Basically my accountant has advised me to close it down and write to my creditors to inform them and see if any of them take it further and wind it down, so I am unsure at this stage what will happen and how long it will. thank you for all your advice, i think I will keep my fingers crossed and hope it happens in time and keep my account open as long as possible.

Interestingly, I have just been opening all my business mail and I have received a letter saying the following changes to their terms and conditions are being enforced starting 20th May 2006:

 

New Clause 2.6.8

"We will charge your account with our cost of enforcing our rights under these Conditions, including tracing costs, collection agency costs and legal costs incurred. Any such costs charged by us will become due and payable immediately."

Revised clause 2.11.1

"If you wish to query any item on your Account please contact us immediately."

Revised clause 6.5.1

"These conditions shall be governed by and construed in accordance with English Law and shall be subject to the exclusive jurisdiction of the courts of England."

 

Do you think this could be of a result of all the claims? If so is it just a scare tactic or does it make a difference? I don't think it changes anything but just wondered wheher people should get their claims in before 20th May?

[Seminole]

It's likely to take quite a few months to wind up the company so you should have time.

 

The changes in terms are typically one-sided but not anything that should cause you problems in this context.

[carlyt123]

LBA letter and email sent 21/04/06

[ANNALH]

Does anyone know how you file a claim against Abbey Business?

 

I am at the point of filing a claim but cannot use Moneyclaim online as the Defendant has to be in England or Wales, but Abbey is in Scotland??

 

Thanks

[carlyt123]

Hi,

No as I haven't got that far yet I didn't realsie that was going to be a problem. can you not just claim against their London address or does it have to be their registered address?

[ANNALH]

I can't find another address for the business banking. What do you think?

[Seminole]

Serve it on Abbey plc at their registered office in Triton Square.

[carlyt123]

Mmmm, this one looks complicated. I have just looked into a bit and you are absolutely right, you can only use moneyclaim online for England and Wales.

I found this site about Scottish claims and you can only claim £750 in their small claims system, whiuch is much less than I want to claim.

http://www.adviceguide.org.uk/n6m/scotland/your_rights/legal_system_scotland/small_claims_in_the_sheriff_court_scotland.htm#Thesmallclaimsprocedure

I have got a feeling that if you want to take action against someone you have to do it to their registered address, this is what I have found for Abbey business, so i thik use this:

 

Abbey National plc is registered in England, registered number 2294747. Registered Office: Abbey National House, 2 Triton Square, Regent's Place, London, NW1 3AN.

[wyeclimb]

Hello, I have this just gone through my company Abbey Business account statements this morning and find that charges (at their penal rates) totalled £2,400 over the last 3 years. What I want to do is get a letter in the post to Abbey on Monday asking for a refund. Has anyone got a letter template that has worked? I plan to threaten Moneyclaim CCJ but assume they will prefer to settle. Background: The bank account is still open, and company is still alive. Also, what %age refund is likely? 25% or 50%? Any advice welcomed.

[Seminole]

Please could you start another thread for discussion of your claim. It will get confusing if we mix up two completely different claims in this thread.

[carlyt123]

Hi,

Everything you need is in this site. take a minute to read through all the information put on it from the great guys at the bank action group and everything you need to know is there. Templates for all the letters are in the bank action group template section. Then start a new thread with your progress, good luck!

[carlyt123]

Moneyclaim on line filed 5/5/06

[carlyt123]

No not nosey at all, it's goo to chat with other people about it and see how things are going.

basically I have 8 claims in all together all on the same day. So far I have only heard from Natwest and HSBC, who have both said they fully intend to defend and as they have filled in the admissions form, they have now got 28 days to reply-annoying!

Abbey though, I haven't heard anything. I am really hoping that some of them won't reply at all and I will win by defgault, am more worried about those who will defend. Will let you know if I hear anything and please do let me know if you hear anything, fingers crossed.

[carlyt123]

Hi

Abbey had filed acknowledgement of service and had until 10th June to enter their defence. They say that there is a questionnaire issued by the court next and to save time and expense filling it out they will give me half the money plus court fees.

Obviously I don't want to accept this, but really was hoping someone could tell me what to expect next and how to respond to this letter?

What is this questionnaire and how should I respond.

in their defence they say that as I am claiming all the charges back it does at least cost them something which I suppose is fair.

Please help me I am really unsure of what will happen next and how I should be responding

Thanks so much

carly

[whizzkid001]

Hi Carly,

 

Don't panic & hold your nerve at this point - you are in the same position as many others before you (& will be after!). They are referring to the Allocation Questionaire which is the next step in the court process.

 

Don't feel 'sorry' for them - they have unlawfully taken YOUR money and you are entitled to it back. Write back & tell them you refuse their offer, & will be continuing your court action unless the full amount is repaid.

 

The Allocation Questionaire is quite normal & not difficult to fill in, I or anyone else can help when it comes.

[Jane Austen]

This sounds like their standard practice at the moment. The questionnaire will be the allocation questionnaire which you may have to pay a fee for if they don't come up with a better offer and you want to take it further.

 

Check other threads at a similar point in negotiation. Many have been offered 50%. Most have refused and then been offered 100%.

 

There's at least one that refused 50% but said they would accept 75% plus costs. They got this.

 

Don't give in to their - we have to charge you something - tactics. The point is they have taken amounts of your cash, way over what it costs them, repeatedly, and in some cases on this site, they have caused hardship and a great amount of worry and stress.

 

They have never shown sympathy to their customers.

[carlyt123]

ok thank you both very much, you have made me feel strong again.

I will write my rejection letter straight away then.

Do I take it that all the cases I have will go on to this questionnaire then?

Right off to write my letter, thanks again

Carly:)