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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 4th November 2007, 18:53   #1 (permalink)
orfoster
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Default Sueing someone - Particulars Of Claim

Hi all,

My girlfriend lent someone £167 for a deposit for a flat. The landlord, his wife, a friend and myself all witnessed the transaction. The problem I have now is that the person she lent the money to is no longer a friend and owes her £167, we have sent loads of letters to his address one was signed for by his girlfriend that we have proof of but the rest (4) were refused at the door as he knew that they were LBA's etc. Now the court stage;
I've got the claimants details, defendants details where we are pretty sure he is living now, (where he was before) Brief details of claim "persueing an amount lent for the deposit of a property where witnesses were present."

Next stage that I really don't know about, the Particulars of Claim. I will have a go and try my best but is there anything in particular I need to put in there?

Thanks
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Old 4th November 2007, 18:54   #2 (permalink)
orfoster
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Default Re: Sueing someone - Particulars Of Claim

Ok I've drawn up a draft of what I wanna send in as the Particulars of Claim, what do people think?

Quote:
1. "The Claimant" lent "The Defendant" the amount of £167 in cash to put down a deposit for a property. "The Defendant" indicated the amount that was lend on the 5th April 2007 would be repaid as soon as possible.
2. "The Defendant" left the rented property and claimed back the deposit in full from the landlord. "The Landlord" (**Landlords name and address**) witnessed "The Claimant" hand the money to "The Defendant".
3. The witnesses of the transaction were;
**list of names and addresses of four witnesses**

The above witnesses are willing to attend court and provide statements of the events.

4. "The Defendant" was present at the time of the transaction also. At no time did he indicate that the funds would not be repaid.
5. There have been four attempts to contact "The Defendant", the first attempt was sent Recorded Delivery and was signed for at the address by the defendants partner. All further attempts to contact "The Defendant" have been returned to sender marked as refused by Royal Mail.
6. The Claimant Claims;
(a)The amount of £167 be returned.
(b) Costs allowed by the court.
how does this look?
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Old 4th November 2007, 22:29   #3 (permalink)
noomill060
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Watch out, there are Claims Touts about!

Challenge your credit file?

Join Date: Sep 2006
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Default Re: Sueing someone - Particulars Of Claim

6. The Claimant Claims;
(a) The amount of £167
(b) Court fee
(c) Interest @ 8% pursuant to County Court Act 1984.
(d) Other costs as the Court deems just
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