firthy v Barclays Business Account

[firthy72]

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

:okay:I've had a quick look and I'm even more confused As the business account is for a sole-trader business and not for a LTD company. The contact ie Terms & condition apply only to a individual but if there is credit of £25K (which there is - the overdraft) should i of used the consumer credit act 1974

Is the penalty charge classed as a purchase then

"Unfair Contract Terms Act"

The Unfair Contract Terms Act 1977 limits the use of exclusion clauses in contracts.

Generally only a court can decide whether an exclusion clause is reasonable, However, any exclusion of liability whether in a contract term or in a notice is always void if used for the purpose of evading liability for death or personal injury caused by negligence. Also, a trader selling goods cannot exclude liability for a breach of a consumer’s rights under the Sale of Goods Act.
Contractual exclusion clauses in relation to services are not illegal but they are not enforceable if they are unreasonable.

Sole traders count as businesses rather than consumers for any purchases they make in connection with their business activities. However, if the trader offers you credit terms up to £25,000 you receive the same protection as individuals under the Consumer Credit Act 1974 for this element of the contract.

Sorry for being a bit thick but I'm really struggling with this I think my cold is clouding my brain :loopy:

[firthy72]

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 Barclay's 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 TB, so we can advise on this type of claim with more authority.

Any offers?

I agree any offers of info would be of great benefit :okay:

As you say they have standard charges that are applied to the account on a monthly or quarterly basis i have found that even Barclay's don't know what charges refer to what codes, that was one of the reason i decided to claim for most of them ;
Account Fee
Account Control fee
Maintenance Fee
Late Fee Overdraft
Non auth debits
unpaid outs

[Tools]

Re: firthy v Barclays Business Account

Hi Again Firthy

As I said before , I`m afraid I`m not converse with business claims and feel unsure about any advice I may give you. It was just the fact that you had used the UTCCR that jumped off the page at me , I have put a request in to the Team here for someone to take a look at this for you.

My own opinion(what little help it is) is that the fees you are claiming fall into two separate categories

Fees I would have said that were claimable would be
Late Fee Overdraft
Non auth debits
unpaid outs

Pre-arranged fees that are part of a business account and therefore not penalties would be
Account Fee
Account Control fee
Maintenance Fee

Again , I may be way off the mark here but am just including my thoughts for someone to confirm/correct at the same time as bumping this thread.

[Kafka]

Re: firthy v Barclays Business Account

This analysis of claimable items looks good to me, though each bank uses terms in their own way and they're not always the same use in different banks.

Mine is with NatWest so I can't help directly with this. Certainly, regular account payments - that are used in business accounts - are not reclaimable, as they are genuine fees for service and not penalties for breaches.

[Paule]

Re: firthy v Barclays Business Account

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

The first point in the banks defence is refering to the fact that they havent got your schedule of charges.
This is a common occurrance when people file their claim by MCOL
I think you will need to send it in again just to be sure, once all the other items have been sorted, then you can do just the 1 amendment.

PKea

[firthy72]

Re: firthy v Barclays Business Account

This analysis of claimable items looks good to me, though each bank uses terms in their own way and they're not always the same use in different banks.

Mine is with NatWest so I can't help directly with this. Certainly, regular account payments - that are used in business accounts - are not reclaimable, as they are genuine fees for service and not penalties for breaches.

:okay:
I have banked with Natwest for there FB banking for 12 mths and now I'm with HSBC for 18 mths FB. Both are completely differant than Barclays.
Come on someone give us a hand on this one:argh: before i go mad :crazy:

[firthy72]

Re: firthy v Barclays Business Account

The first point in the banks Defence is referring to the fact that they haven't got your schedule of charges.
This is a common occurrence when people file their claim by MCOL
I think you will need to send it in again just to be sure, once all the other items have been sorted, then you can do just the 1 amendment.

PKea

:okay: So you think I should send them a copy of the breakdown on charges including the interest ? - I used the interest calculator from the CC site last time will that be OK and attach that to the nice & polite letter to the :judge:asking them to remove the stay ???

[Paule]

Re: firthy v Barclays Business Account

:okay: So you think I should send them a copy of the breakdown on charges including the interest ? - I used the interest calculator from the CC site last time will that be OK and attach that to the nice & polite letter to the :judge:asking them to remove the stay ???

You need to sort all the other issues out first, this info wont get the stay removed.

There are also concerns over your Particulars of Claim, and these are the things we are looking into helping you to amend.
You NEED to get this right or your claim could be thrown out, and we DONT want that to happen.

TBH I think it is good that your case has been stayed as it allows us the opportunity to amend it for you.

Lets get everyting sorted in one go, and get it right.

PKea

[firthy72]

Re: firthy v Barclays Business Account

You need to sort all the other issues out first, this info wont get the stay removed.

There are also concerns over your Particulars of Claim, and these are the things we are looking into helping you to amend.
You NEED to get this right or your claim could be thrown out, and we DONT want that to happen.

TBH I think it is good that your case has been stayed as it allows us the opportunity to amend it for you.

Lets get everyting sorted in one go, and get it right.

PKea

:okay: Thank you
:thankyou::group::legalbeagles:

[Paule]

Re: firthy v Barclays Business Account

:okay: Thank you

No Probs mate, Thats what we are ALL here for.