Interesting claim for business account

[Kafka]

This post has just been sent to me, though for some days I have been unable to get onto the server OTR so cannot easily contact people there and only get email updates like this
.
This is interesting because it clearly illustrates the fact that the judges are badly informed and simply do not know what the test case actually covers. I don't know whether we can use this info in any way?

Also - the chap asks for help. Any ideas on this that we can provide him with?

Until I can get onto the server I can't contact him, but I'm not clear whether everyone else has this same problem. I have it from different PCs.

K.


****************

MartyR has just replied to a thread you have subscribed to entitled - The Stay -
Here is the application grounds for the removal of the stay - in the General
forum of The Consumer Forums.

This thread is located at:
http://www.consumeractiongroup.co.uk...-new-post.html

Here is the message that has just been posted:
***************
I went to court today to have my application to have my stay set-aside. The bank
sent a barrister. My application was copied from above, and I tried to argue a
few extra points.

The case was listed for only 5 minutes so the whole affair was rather rushed.
Thats and hourly rate of £2880 as my case has cost £240 in court fees so far!
The District District Judge quickly told me that all my points had been
considered and rejected in a case in the Mercantile Court Carlyle v Clydesdale
Bank or similar. I cannot find this case. Does anyone have a link to it please
so I can see if all my arguments were indeed rejected in that case? I wish I had
known about this case before it was thrown at me in court. No time to read it
obviously.

I argued that my account is de facto a business account and not covered by UCCTR
(the issue to be determined in the test case), although it is a normal account
which I pay business revenue into and out of. This is the only argument which
the DJ was interested in hearing further argument on, and the hearing to
set-aside the stay has been adjourned. But the bank's barrister tried to
convince the DJ that I was a vexatious litigant! and I have been put on notice
that I could be liable for all costs if I proceed and fail.

Any help much needed and appreciated.

[TUTTSI]

Re: Interesting claim for business account

My hubby in the last 2 weeks has been paid out on his business claim with HSBC. The court imposed a stay, but a few days latter completely out of the blue a letter from DG Solicitors acting for HSBC sent a full offer as they said that Business claims are not part of the test case. He has now been paid out and did not have to go to court.

So if HSBC have worked that one out then other banks should as well.

DS

[Amy]

Re: Interesting claim for business account

It's not the banks that need to work it out. They know this full well.

It's the courts that are making the mistakes and including business claims and credit card claims.

[Kafka]

Re: Interesting claim for business account

So if HSBC have worked that one out then other banks should as well.

DS

Cobbetts - acting for NatWest - have done this several times lately. This is the first time I've read of any other bank doing it. As i suggested when I posted about Cobbetts, this may be an attempt by some banks to give way on claims that shouldn't be stayed, as a way of looking like they're abiding by the waiver conditions.

BTW - did he get the full amount of fees?
Did he get the interest?
Was this for more than 6 years?