Limited Company Claims

[photoman]

Lellypea

Have you read Sparkies post about the problems he his having with credit file companies, and unlawful access by the Banks ?

 

http://www.consumeractiongroup.co.uk/forum/royal-bank-scotland/56333-big-claim-aginst-rbos.html

 

Don't know wether anyway applies to you, but might be worth looking into?

 

Photoman

[lellypea]

Haven't taken that bit of the Sparkie saga in PM - thanks I'll take a look.

 

(....I'd promised myself I'd stop 'lurking' and get my threads started today....but CAG hooks you in and time just goes out'v the window (..just like those penalty charges!!!).........so here I am leaping from post to post

again!! lol......it's all heady stuff.... off I go to see Sparkie......)

 

Lel

[higggy]

Hello Photoman,I have followed your messages for some time and was hoping you could advise on a couple of things I am unsure about with our Limited companies claim against Yorkshire Bank.

 

We have taken YB to court claiming almost 11K incliuding interest but being the thick person that I am I quoted the "Unfair Terms in Consumer Contracts Regulations 1999", which I have since been told do not apply to business claim.

 

YB Have sent me a copy of their Defence but up to this date I havent had anything from the Court. I have been advised to send an N244 to amend the Particulars of Claim. My questions are:

 

Could you advise where to find a template POC for a Limited Company and

 

Where and when should I send the N244

 

I have a thread in the YB section (Higggy V Yorkshire Bank) which has been running for a while but I wanted to post this in the Limited Company section also.

 

Many Thanks and keep up the good work.

[photoman]

Higggy

Yes you cant use UTCCR99, if you want amend your claim, then contact the court, and they will tell you how, and provide the forms.

Regards Limited companies, I am no expert, but I think Andrew1 knows a bit more.

Best of luck

[judi3]

omg !!

:D

Letter today from hsbc to advise that as of the date of this letter you are no longer bound by the guarentee for the ltd company .

 

looks like they dont have the agreement

 

 

i cant chase the charges applied but hell this is so much better than agreeing to a 17% intrest repayment plan that they tried to get me to sign .

[higggy]

Thanks Photoman

 

pardon my ignorance but what is UTCCR99 and were can I find the template for POC for Limited Compamy claims. Is UTCCR99 included in a template somewhere?

 

Maybe Andrew1 could help please when back on line

[higggy]

Please ignore my last msg, told you I was thick. I now reaslise what UCCTR99 is, sorry Photoman I didnt read your msg properly.

 

I really need someone to help me with the template for the POC for a Limited company that I can enter on my N244

 

Many thanks

[Colin H]

i got a reply to one of my claims (ltd business acct) asking for more time to review the matter,and,due to a heavy work load i havent yet sent an N1 form,

 

To my surprise i have received an offer of £6400, whereas my claim was for £7400 plus interest (interest not included at this stage). totalling over £9500

 

 

Any advice?

 

Still nothing on my personal account,gonna send an N1 form off soon

[higggy]

i got a reply to one of my claims (ltd business acct) asking for more time to review the matter,and,due to a heavy work load i havent yet sent an N1 form,

 

To my surprise i have received an offer of £6400, whereas my claim was for £7400 plus interest (interest not included at this stage). totalling over £9500

 

 

Any advice?

 

Still nothing on my personal account,gonna send an N1 form off soon

 

Hello Colin

 

my claim is for almost £11,000 including interest, and if I received an offer so close to my claim I have to admit that I would be tempted. Although I am sure there are many good people here that would tell you to say thanks but no thanks and hold out for the full amount.

 

Which bank are you with, if you dont mind me asking?

[Colin H]

Hello Colin

 

my claim is for almost £11,000 including interest, and if I received an offer so close to my claim I have to admit that I would be tempted. Although I am sure there are many good people here that would tell you to say thanks but no thanks and hold out for the full amount.

 

Which bank are you with, if you dont mind me asking?

 

 

Hi mate,I am with the RBoS. Im stumped lol.Not expecting this at all

[higggy]

Hi mate,I am with the RBoS. Im stumped lol.Not expecting this at all

 

Just ask the opinions of the excellent Moderators and other members on CAG, I'm sure they will point you to the correct decision.

 

I am stuck with an AQ problem at the moment.

I've completed everything on the AQ except the Draft Directions and need to find a template to help me as I have to submit it by June 7th.

 

Good Luck Colin

[kingdom]

What happened to the thread Limited Company Claims is it no-longer running

[andrew1]

It seems Photoman has attracted a considerable amount of the people to his business thread which was primarily for un Limited Companies - he's far too good that's the trouble !

 

My time has been focussed upon Debt Collection Agencies Cabot in particular, and their legal offshoots of solicitors who are actually worse than the banks for breaking laws.

 

Anyway, this latest issue with the OFT does not affect Limited Companies as it relates to Unfair Terms in Consumer Contracts Act. Ltd Co's not being 'consumers' means they are unlikely to be affected although no doubt the banks will try it on as an excuse.

 

Keep the posts coming though if you can..

[PeterAnderson]

Great thread peeps I am on the other one.

There is precious little here in the way of a good POC for businesses so

I am working on a revised POC for business claims and have getting help from photoman - the DRAFT should be done by today/tomorrow.

 

I am no legal bod and all I have done is trawl everywhere and cut-pasted what IMHO was the best bits and cobble them into a new POC.

 

Most POC's here have relied heavily on the UTCCR's and have then said some like - "common law" - some have mentioned the 3 stated cases on penalties. I have found an additional stated case and added it.

 

What I plan to do is this

1. If there is anyone here who has legal knowledge and would like to get involved in this draft please PM me

2. When we are happy with the draft I have a friend who teaches commercial law & marks the final exam papers of those coming out of Uni - so I guess she knows her stuff. It is obvious that the private claims will all likely to gets stays then the banks legal bods will look for any cracks in our claim. So I am going to ask her to pretend to be the banks solicitor and ask her to see if she can find then fix any crack in our POC & Witness Statement (obvious we cannot re-draft the witness statement until the POC is up to speed.

3. When this is done invoke the mod's and BF to make sure the draft becomes the Template for businesses.

 

PS My version (well it's not actually mine - I just cut&paste) also uses the Limitations Acts for pre-6yrs

 

Anyone up for this ???

[tiaposy]

Hi

I have a major problem now. we have an overdraft and the charges they have added total the same amount as the o/d.

I am in the middle of getting another business account - should know on Wednesday. I was going to leave the account in debit (to the tune of the charges/o/d) start to claim the charges and put the account in dispute. Today however, had a lovely letter from our 20yr old bank manager stating our overdraft runs out on 19/8/07 and we need to pay back the overdraft! As if I have that sort of money just sitting there! So my question is, can I carry on as I was going to - i.e claiming the charges and putting the account in dispute.

Further to this, we are a ltd co., and we as directors are suppose to sign a form stating we will be responsible for the overdraft otherwise they can make us bankrupt. Now our original o/d was removed and the new one set up about 6 months ago and I know for a fact we didn't sign any forms for it.. although they kindly charged us £50.00 for setting it up!

Any advise much appreciated.. I know I need to get the money out of there quickly. I really hate Lloyds

Thanks

[tiaposy]

Hi

Can anyone help me re putting the a/c in dispute. I am really worried now - am seeing 2 banks re opening new business a/c, but as we are a LTD co. I am sure we need a business a/c

[TECHSPEC]

Just spoke to the FOS, and they said that all business accounts, including Limited Companies, were included in the Test Case.

[PeterAnderson]

techspec - Did you tell them that we are relying on Common Law and several stated cases on penalty charges and NOT the UTCCR's ??

[TECHSPEC]

I did state that we were relying on a different law, and not the utccr. But she said that made no difference to the FOS position that they would not entertain any claims at this time, business or personal.

 

I was enquiring for a friend, who did not want to take the court route.

 

The banks will probably try for a stay in court, and from what the FOS say, may be successful.

 

I will wait and see if we get any successes on here, before helping him proceed.

[andrew1]

I think the important thing here, until we get proper clarification is to set the ball rolling in making a claim against the bank anyway. That will automatically put the account into dispute. Remember, the justice system will continue and I have read many who have said on here that the judges are interpreting the Test case as just another test case, many of which are raised and fade away into insignificance ( not that I'd imagine that will happen to bank charges) but that's the way they are being seen. The fact you have commenced a claim will at least put the account into dispute and the advice throughout the forum is to Carry on regardless.

 

Take a look over this thread and the reasons the Judge did not allow the stay. Not a Limited Company but a reasonable argument.

 

http://www.consumeractiongroup.co.uk/forum/general/109416-barclays-refused-stay-we.html

[patrickq1]

their is a posibility you can re instate the company (only on the provisio their is no debts you wish to take resposibility for ..)but i am sure if you let the company disolve naturally by not running any accounts and informing the taxman it is now dissolved(which i think you have to do anyway)then you can re instate that co

[andrew1]

their is a posibility you can re instate the company (only on the provisio their is no debts you wish to take resposibility for ..)but i am sure if you let the company disolve naturally by not running any accounts and informing the taxman it is now dissolved(which i think you have to do anyway)then you can re instate that co

 

How?

[patrickq1]

tia i am sure if i was in your position it would make more sense to pay your overdraft of ,you can still dispute the debt after it would be more sensible if it was done this way also your creditbility in being a decent and honost person would show your bank you do abide by their rules but you also think truly their charges are unlawful and unfair,plus when you do go to fight these charges you are under no pressure to accept deals you can quite plainly state your case with regards to your integraty towards a judge,by settleing the od you also put more pressure on the bank to do the right thing ,,because beleve me you are just making it more difficult for yourself to leave this debt you say you can clear because un beknown to all of us your obstinance could go on some sort of internal bank file that none of us know about and in future years you may find it more dificult than you ever thought possible,so why make a big stick for your own back...you will get your charges back but do it the right way it is more profitable to be honest with yourself ,plus you have already seen on a lot of these threads you end up with a default and getting them of your record will be a case of you may be forced to close down a business you had wished to keep going for years to come its simpler to fight later and pay now if you can afford..

[patrickq1]

andrew

you can

by going through perhaps your accountant (but seek his/her advice first)or just informing companies house you wish to re instate your old company ,i have done it with one of mine but basiclyi only did it to import some goods from china then let it go back to sleep by not trading under that co name and again i informed the taxman that the company was dormant sent them my records of trading paid the duty and import taxes ..i did not have any problems

[tiaposy]

O.K. Huge problem as in Lloyds have withdrawn our overdraft facility. We DO NOT have £2.5k spare, and the charges are for £2.8k, so I have left the account minus £2.5k and put the account in dispute. We have another bank account. I am not sure this was the correct way, but we simply cannot afford to give the bank this money and then wait for possibly a year to get it back - it will cripple us. Worst case, If they really chase us for the money, whilst the claim is ongoing, I will try to pay a token payment a month.

Incidently, when we took this overdraft (they cancelled last one and charged us £100 to get new one for same amount!) we didn't sign an indemnity form (we being Directors of the Company). Not sure if this makes a difference?