Particulars of claim Business accounts

[MARTIN3030]

The claimant has held a current account with the defendant, conducted on their

Standard terms and conditions since (DATE) , The defendant from

(DATE) to present day has applied charges to the claimant account,

totaling £XXXXX. 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.

 

The claimant claims £XXXXX, being the sum unlawfully debited

 

The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the

rate of 8% per annum, being the sum of £XXXX

[davaom2]

Re: Barclays:confused:

 

I need your assistance please.

 

Barclays sent me letter dated 30 November an offer of £80 out of £580 as their gesture of goodwill but I am not accepting it. Am I correct to use the rejection of settlement offer letter?(Response to settlement offer letter). I have not sent barcalys the LBA as they responded to me on 30 Nov received on 2 December.

 

The Response to settlement offer letter, last para " My letter before action sent previously indicates that you have until xx/x/xx... ( do I have to put a date here knowing for well that I did not send them the Sticky 3 the Letter Before Action (LBA) please help:confused:

 

Thank you and kind regards

 

davaom2

[sg51bmw]

Hi

 

I need some guidence here;

 

Had a company which closed last year, had a business account with Barclays, charges est. £16k, I had to pay all the bank charges and payments as the personal guarantor (Sole Director) The question is, If I paid all the charges and costs, even though the company was limited, and is now closed and so is the bank account, can i pursue the reclaim of charges on behalf of the company from the last 6 years?

 

sg51bmw

:idea:

[hels bells]

hi

 

i am going to court on the 13 th april as Barclays will not release my notifiaction of charges for more that 3 years, as you were in business you will no what these statements are , both our names are on the account but i am pursuing the claim mysel as a partner, so i don,t see the problem with you pursuing your claim as the director of the company if you have your name on the account, however you will need you Notifaiction of charges to reclaim an accurate amouont, a guess- t- mate amount is very dubious in court as they[ bank] may defend an unaccurate claim.

 

HTH

 

Hels

[hels bells]

ps have u got all your notification of charges for an accurate claim?

 

hels

[sg51bmw]

Hi hels

 

thanks for the reply, I have the notification of charges, however as a limited company I think anything claimed would go back to the creditors via the liquidator anyway - limited company , so slightly different rules to partnerships

 

I will look into it further - thx

[hels bells]

hi sg51bmw

 

even with a limited company the person or persons who are on the cheque book have a right of claim, if you have gone bankrupt then after three years the dept is clean anyway so yes your right in that it the time has not lasped the liquidators will come calling if you claim money back, perhaps you should wait, or at least makew sure you have all your data so you can claim at a later date, thie time is drawing near when someone will test going back more than 6 years and probably start a president for the rest of us to follow.

 

HTH

hels:)

[davaom2]

Hello guys

 

sorry - but i seemed to get lost. Please do not reply on 'Particulars of claim Business accounts.' I am only a current account holder. typo error.

 

wish you all a good evening!

 

davaom2

[Welsh Claimant]

I am about to post a claim against Barclays for a Business Account.

 

Have just received the data re charges from Barclays, within the DPA limits.

 

Can you confirm whether I use the same spreadsheets to calculate interest and charges, or are there different ones for Business accounts?

[hels bells]

Hi welshaman,

 

would you mind elaborating on what you have received from Barclays, do you mean monthly statements or Notification of Charges, or both, this is purely personal interest.

 

thanks

 

hels

[silversamosa]

Hello,

 

I also have a business account and have 2 seperate claims pending for siginificant amounts. My issue is that after the letters were sent to the business manager my business was placed in administration (not really connected to th claims).

 

I also believe that any claim contiuned will benefit the administrators of the company.

 

I also wish to find anyone who has claims against a factoring division of a bank with regards to charges etc.

 

Many thanks

 

Silversamosa.

[davaom2]

Hi

 

I wish I could assist you iin your Business Claim but I am only a current account holder. I am still waiting for refund from Barclays bank.

 

Good luck

 

davaom2