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Barclays Business Account claims - DON'T TAKE TO COURT
esmerellda
Posts: 2,237 Forumite
Please can I just advise everyone not to put a claim into court with Barclays for business account unauthorised overdraft charges, even as a sole trader, until the legal position is clarified.
It is fine to write to them and take your claim to the Financial Ombudsman Service (they can consider complaints brought by smaller businesses that have annual turnover of up to £1 million.). However at the moment please do not take your claim to court.
In March 2009 Barclays won case in Salford county court leaving the claimant out of pocket to the tune of £1000 in costs, with no refund and no return of his court fees. Since this they are writing to court claimants asking them to withdraw else they will request costs. We haven't taken this on the surface and have ALL the documents relating to the case. If we knew a way around it that wouldn't put claimants at risk we would tell you. Since this case I know of at least 2 claims that have gone ahead regardless and have also lost with costs awarded against them (£500 and £1000).
There is a further case due to be heard at the end of October where the claimant is happy to accept the risk of costs (Barclays applied for £10k costs originally) so if anything await the outcome of that before risking your own money.
If people would like to read details of the Salford case and judgment then let me know and I'll put the details on here once I have permission from admin.
Also I am more fussed about not putting any further people in a position where they may get costs than allowing Barclays a little bit of gloating space.
The UTCCR does not apply to businesses and the high court stated personal account terms were not capable of being penal - which as many business terms are materially the same - reads cross to business accounts - thus common law does not apply either. That is the reason Judges are finding against claimants.
It is fine to write to them and take your claim to the Financial Ombudsman Service (they can consider complaints brought by smaller businesses that have annual turnover of up to £1 million.). However at the moment please do not take your claim to court.
In March 2009 Barclays won case in Salford county court leaving the claimant out of pocket to the tune of £1000 in costs, with no refund and no return of his court fees. Since this they are writing to court claimants asking them to withdraw else they will request costs. We haven't taken this on the surface and have ALL the documents relating to the case. If we knew a way around it that wouldn't put claimants at risk we would tell you. Since this case I know of at least 2 claims that have gone ahead regardless and have also lost with costs awarded against them (£500 and £1000).
There is a further case due to be heard at the end of October where the claimant is happy to accept the risk of costs (Barclays applied for £10k costs originally) so if anything await the outcome of that before risking your own money.
If people would like to read details of the Salford case and judgment then let me know and I'll put the details on here once I have permission from admin.
Also I am more fussed about not putting any further people in a position where they may get costs than allowing Barclays a little bit of gloating space.
The UTCCR does not apply to businesses and the high court stated personal account terms were not capable of being penal - which as many business terms are materially the same - reads cross to business accounts - thus common law does not apply either. That is the reason Judges are finding against claimants.
LegalBeagles
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Comments
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am gonna slap you on that last paragraph
it's "Penalties" not penaltys(albeit it I guess it might be extra time)......
For others reading this, I know esmerellda very well so she will take this as was intended(otherwise I am a dead man
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changed it to penal
any way we can get some better warning than keep bumping this up?LegalBeagles0 -
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oh yes :doh: will doLegalBeagles0
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