Barclays Reclaim (OFT v Abbey National ?)

esmerellda

right am understanding more now these threads have been merged lol.

was a bit confuddled for a second tho.

We don't have details for the Salford case as yet.

As a sole trader you should be okay under UTCCR but I couldnt recommend anything other than withdrawing as things stand currently.

You COULD go through the T&Cs and try and disprove Smiths judgment of the readover of the penalty judgment to business accounts, and you could also try and prove the UTCCR regs apply to sole trader accounts, but there will be the risk of costs and in the present climate I wouldnt recommend anyone takes any business claim into court.

The sole trader aspect is complicated - you'd have to prove the charges were due to personal thus consumer expenditure rather than business expenditure.

Sorry. Just my opinion though.

grouse46

Thanks for your advise.I think it best to withdraw and await the outcome of the case although I am sure that as a sole trader I am right
Regards

esmerellda

http://www.consumeractiongroup.co.uk/forum/business-claims-bank-charges/

Some reading for you before you chuck the towel in, just make sure you understand the risks completely.

you could also withdraw the court claim and go through the FOS.

grouse46

Sorry I am only just coming back to you on this one
I am not in this case looking to have the stay lifted as I think the Salford case was but wanted to get my claim in the system
Your help has been much appreciated and most certainly I will not be giving up
I do need to rephrase the wording as you say so will withdraw and go through the FOS .I am also relieved that as I always thought as a sole trader ie xxxxx t/a xxxxxxxxxxxxxx I come under consumer regulations
Do you know where I can get the ruling in the Salford case or is the basis of it what you have said in your reply
Regards

esmerellda

http://www.legalbeagles.info/forums/forumdisplay.php?f=98

all documents used in the salford case and threads of others in similar positions can be found there

esmerellda

what happened with this case ?