firthy v Barclays Business Account

[firthy72]

Re: firthy v Barclays Business Account

Can you post up your POC, then we can compare with the defence

Cheers, PKea

:blond: whats POC !!!

[Paule]

Re: firthy v Barclays Business Account

Sorry

Your Particulars Of Claim that you sent with your N1 or MCOL application to the court

PKea

[firthy72]

Re: firthy v Barclays Business Account

Sorry

Your Particulars Of Claim that you sent with your N1 or MCOL application to the court

PKea

:okay: 1st letter
28th November 06 - 1st letter Data Protection Act request letter
Feb 07 - received the statements
8th March 07 - received a offer of £680 guesture of goodwill
24th April 07 - sent Barclays a refusal letter (£630) 7 day to pay up £7643, or issuing CC of £ 9835 Costs. Letter before Action but forgot to send to the Schedule A doc.
10th may 07 - started proceedings Moneyclaim online
30th may 07 - service of claim filed
11th june 07 - defence claim filed.
21st june 07 - transfer of proceedings
6th July 07 - provisional court date given.
4th oct 07 - stay granted

I claimed the following charges
Account Fee
Account Control fee
Maintenance Fee
Late Fee Overdraft
Non auth debits
unpaid outs

For information only for anyone claiming against Barclays these are claimable charges

FROM DEC 2003 'THE ACCOUNT CONTROL FEE'
(charged on each occasion and account exceeds an agreed overdraft limit or goes overdrawn by more than £100 without agreement)
WILL BE RE-NAMED 'THE PAID REFERAL FEE.

Have I missed anything out ? msl: I think you have it all now msl:

[Amy]

Re: firthy v Barclays Business Account

Ok, so you filed using MCOL - but what did you actually put in your particulars part of your claim?

[firthy72]

Re: firthy v Barclays Business Account

Ok, so you filed using MCOL - but what did you actually put in your particulars part of your claim?

:okay:
Particular of claim

"The claimant has held a current account
with the defendant, conducted on their
Standard terms and conditions, The
defendant has applied charges to the
claimant's account, totaling £7643.35. 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 Defendants charges are also
contrary to the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e)) 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
£9861.75, 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

£2218.40. "

[Paule]

Re: firthy v Barclays Business Account

Have you, at any point, sent to court a Schedule detailing all the charges.?

ie a print of your spreadsheet with al your charges on

PKea

[Tools]

Re: firthy v Barclays Business Account

Hi firthy ,

I just need to point out something to you, you state in your POC

The claimant has held a current account
with the defendant

and

The Defendants charges are also
contrary to the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e))

Forgive me for pointing this out but isn`t this a business account ?

I am not that converse with business claims but surely the act you should be referring to in your POC should be The Unfair Contracts TermsAct 1977?

I will ask someone who knows business claims to comment on the thread for you

[firthy72]

Re: firthy v Barclays Business Account

[quote=Tools;40491]Hi firthy ,

I just need to point out something to you, you state in your POC


and


Forgive me for pointing this out but isn`t this a business account ?

I am not that converse with business claims but surely the act you should be referring to in your POC should be The Unfair Contracts TermsAct 1977?

I will ask someone who knows business claims to comment on the thread for you

[firthy72]

Re: firthy v Barclays Business Account

Yes it is a Business Current Account.
I sent the act CC advised, have you the 1977 act on the site for me to have a look at ?

[Tools]

Re: firthy v Barclays Business Account

Hi firthy

Use these links to have a good read

The UTCA 1977 :-http://www.netlawman.co.uk/acts/unfa...s-act-1977.php

Fact sheet from the DTI:-http://www.dti.gov.uk/ccp/topics1/fa...airact1977.htm

also have a read of this:- http://www.businesslink.gov.uk/bdotg...mId=1074405689

[thephoenix]

Re: firthy v Barclays Business Account

Yes it is a Business Current Account.
I sent the act CC advised, have you the 1977 act on the site for me to have a look at ?

Hi Firthy

I'm not attacking anyone or defending anyone but you mentioned the advice was from CC.
Who gave you that advice if you don't mind me asking????

CC had no contact from you from 27-04-07 until 22-06-07 with your Claim being issued on the 10th May 07.

Just wondering who advised you on this as Tools says business accounts come under the Unfair Contract Terms 1977.

[firthy72]

Re: firthy v Barclays Business Account

Have you, at any point, sent to court a Schedule detailing all the charges.?

ie a print of your spreadsheet with al your charges on

PKea

I'm sure i did to the court & barclays but i havent documented when i did send it.

[firthy72]

Re: firthy v Barclays Business Account

Hi Firthy

I'm not attacking anyone or defending anyone but you mentioned the advice was from CC.
Who gave you that advice if you don't mind me asking????

CC had no contact from you from 27-04-07 until 22-06-07 with your Claim being issued on the 10th May 07.

Just wondering who advised you on this as Tools says business accounts come under the Unfair Contract Terms 1977.

Hugh Apologises to CC on my part.
I just used the same letter they said to send on the other 2 accounts not the business account my bag :isorry:
Shaun didnt start to help until i asked about the 7 or 14 day refusal letter as i hadnt send the schedule A doc ???????????

[firthy72]

Re: firthy v Barclays Business Account

:shovel: :shovel:
Have i messed up my clam by sending the wrong letter ???
I have drafted up a nice and polite letter to the :judge:asking to remove the stay as being a business current account, should i include the 1977 act ???

[Kafka]

Re: firthy v Barclays Business Account

I believe that all business current accounts fall outside the UTCCR, relying instead on Common Law. Quite apart from anything else, business accounts charge routine fees for paying items etc, and have never been subject to the 'free banking' that consumers apparently enjoy (according to the banks).

Banks have always regarded business accounts as quite separate until now, when they want to lump them with personal accounts to avoid paying out claims.

When submitting POC for business accounts you should omit the reference to UTCCR.

This thread is in the Barclays Forum when it might be better to put it with the other business claims in the Business Forum. This is not a section that has had a lot of traffic, and we need someone to build this up TBH, so we can advise on this type of claim with more authority.

Any offers?