Start of my claim

[Candice]

The 2-week deadline for RBS to respond to my request to repay the £2,011 owed to me has now expired. 2 weeks on, and 2 letters later, it seems as though they've totally ignored me. Naturally, tomorrow sees the start of my legal action against them when I begin my claim.

The good news, I suppose, is that I can now add the interest to my claim bringing it up to £2,630. Apart from the £50 I will reclaim in expenses, the cost of all this so far is 8 hours of my time and £3. Not bad really

I'll keep you all posted

[Bookworm]

Cool.

Don't forget to pm Bankfodder or Dave once you have your claim number!

[Candice]

Yes of course I won't forget. I used the standard PDF template from www.bankchargeshell.co.uk as the basis for my claim, but I had to reword is slightly because I am reclaiming charges on 3 accounts.

I would be interested in anybodies comments.

Cheers

--- 8< --- 8< ---

The claimant held 3 bank accounts with the defendant which were open within the time period of 8th March 2000 to 8th March 2006. Account xxxxxxxx (now closed), account xxxxxxxx (now closed) and account xxxxxxxx.

Between 8th March 2000 and 8th March 2006, the defendant made various deductions from the accounts in respect of: ‘referral charge’ (levied monthly when the account debit balance exceeded the specified overdraft limit); ‘unpaid item(s)’ (levied if a direct debit or standing order payment was returned unpaid because the specified overdraft limit had been exceeded); 'card misuse' (levied if a cheque payment was returned unpaid because the specified overdraft limit had been exceeded).

If the defendant is able to establish that the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend that they are unenforceable at common law, being penalty clauses rather than being liquidated damages clauses.

The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited to the claimant’s accounts during the above mentioned period, being £2,011.00.

The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of £618.76.

The claimant further claims the court fee of £[will find out when I submit my claim if this looks ok].

[Candice]

Scrap that, just seen how stupidly small the textarea is Do they expect that to be useful at all? I managed to condense it all down to this:

"The claimant held 3 bank accounts (xxxxxxxx, xxxxxxxx and xxxxxx) with the defendant, open between 8/3/2000 - 8/3/2006.

During this time the defendant made various deductions in respect of: 'referral charge', 'unpaid item' and 'card misuse' (levied if a direct debit, standing order or cheque was returned unpaid, or because the specified overdraft limit had been exceeded).

If the defendant establishes the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend they are unenforceable at common law, being penalty clauses rather than liquidated damages clauses.

The claimant claims the total amount unlawfully charged during this period, of £2011. The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% p/a, of £618.76."

The task of compressing it all without losing content was harder than I could possible describe lol. Damn moneyclaim

[Bookworm]

I did wonder wen I saw your 1st post

[Docubot]

I have had the same problem every time - you really have to knock back the punctuation and/or carriage returns.

It can be done though - as you have no doubt discovered.