CAP1 Summary Cause

wsm36 · 5th April 2007, 01:24

Hi guys, any experts out there like to check out my SC form against CAP1 and let me know anychanges that need to be made before I go to court tomorrow, thanks.

The Claimant, Mr. XXXX, holds a credit card account with the Defender since on or around February 2002 the account number being XXXXXX. The Defender deducted from the account various amounts of money in penalty charges during the period 15/07/2002 to 27/02/2007. These were in respect of Late Payment Fees and Overlimit Fees.The Claimant contends that these charges were legally unenforceable and the Claimant is demanding the repayment of this money without condition.The Defender has refused full payment of these monies due, copies of correspondence can be provided.
No admissions are made by the Claimant as to the incorporation of any term into the contract between the Claimant and the Defender purporting to entitle the Defender to levy these charges. If the Defender is able to
establish that the contract did contain such terms, the Claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the Claimant for a breach of contract and generate profit for the Defender rather than being liquidated damages designed to compensate the Defender for the actual loss occurring to the Defender as a result of the breach.
The Claimant claims from the Defender a sum equivalent to the amount unlawfully debited from the Claimants account from 15/07/2002 to 27/02/2007 (£994) along with 8% interest (£187.93) on that sum for being deprived of the use of these monies and also the costs of bringing this action(£39 court fees plus £15.97 Sheriff Officers fee). The sums are detailed in the attached schedule.

eileen58 · 5th April 2007, 22:38

Hi wsm36,
I also did 4 summary clauses and on the front of the form 1b section 4 I put:-
The pursuer claims from the defender the sum of xxxx with interest on that sum at the rate of xxx annually from the date of service for each charge.(together with the expenses of bringing the action) For my credit card I put down the contractual rate i.e. 22.53% and I won my case and I received the 22.53%. If you are taking the banks to court you can only charge the judical rate of 8%. I also got a great copy of what to put on my form from Govanlc.site. From reading your copy you seem to have found the same site. I certainly would not put on my form all my figures because you do not need to do so, because you have already put down your intentions on the front page.
Eileen

wsm36 · 8th April 2007, 11:35

Little advice please, Summary Cause form, do you fill out page 7, Furthcoming Actions Only or leave it blank?

maroondevo52 · 8th April 2007, 12:51

Hi,

Yes you need to fill out 7. Details of Claim(I think thats the one your talking about) Have a look in Scottish Procedure above your thread, scroll down and you will see 7. At the bottom put Sum Claimed including interest.Then add plus expenses of bringing the action.

Hope this helps.

Regards.

Scott.

wsm36 · 8th April 2007, 12:59

Quote:

Originally Posted by maroondevo52

Hi,

Yes you need to fill out 7. Details of Claim(I think thats the one your talking about) Have a look in Scottish Procedure above your thread, scroll down and you will see 7. At the bottom put Sum Claimed including interest.Then add plus expenses of bringing the action.

Hope this helps.

Regards.

Scott.

Thanks Scott, everything else is filled out but on the form 1b section 7 it says "Statement of Claim Particulars of Arrestment (furthcoming actions only) so got a little confused with that one.

maroondevo52 · 8th April 2007, 13:01

Hi, again.

In 7. Details of Claim. You put what you have shown in your first post.
After the line...The sums are detailed in the attached schedule. I put,
The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Regulations(1999), the Unfair Contract Term Act (1977) and the common law.

I also added Edinburgh Sheriff Court has jurisdiction as the monies are due to be paid to the persuer in Edinburgh.
Cap 1 paid me in full two weeks after they received the summons.

Regards.

Scott.

wsm36 · 8th April 2007, 13:05

Quote:

Originally Posted by maroondevo52

Hi, again.

In 7. Details of Claim. You put what you have shown in your first post.
After the line...The sums are detailed in the attached schedule. I put,
The contractual provision that permits the defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Regulations(1999), the Unfair Contract Term Act (1977) and the common law.

I also added Edinburgh Sheriff Court has jurisdiction as the monies are due to be paid to the persuer in Edinburgh.
Cap 1 paid me in full two weeks after they received the summons.

Regards.

Scott.

Thanks again Scott, with regards to "The contractual provision etc." that's already on the form I just hadn't put it in my post sorry. I will be doing this through Lanark Sheriff Court so they would have jurisdiction, right? as they dont actually have a "branch".

maroondevo52 · 8th April 2007, 13:07

Hope so, just put what I did and bob's your uncle !

Best wishes.

Scott.

wsm36 · 8th April 2007, 13:09

Quote:

Originally Posted by maroondevo52

Hope so, just put what I did and bob's your uncle !

Best wishes.

Scott.

Cheers mate.

wsm36 · 8th April 2007, 13:11

The amount isn't £994 it's up to £1018, two more charges have been applied to the account so I have to do the form over again now anyway.

eileen58 · 8th April 2007, 13:12

Hi wsm,

If you go to Govanlc site it tells you exactly what to put in box 7. I was totally flumoxed on what to put into that box as I am not very good with writing out these claims.
I printed off the copy on Govan's website and put in all my own details and I have done 4 S.C. with this and all of them got accepted at Glasgow Sheriff Court.
I hope this helps you.
Eileen.

wsm36 · 8th April 2007, 13:31

Thanks Eileen for the help and you too Scott you've been a big help.

William.

wsm36 · 8th April 2007, 13:45

Ok here is the amended form

The Claimant, Mr. xxx, holds a credit card account with the Defender since on or around February 2002 the account number being xxxxxxxx. The Defender deducted from the account various amounts of money in penalty charges during the period 15/07/2002 to 27/02/2007. These were in respect of Late Payment Fees and Overlimit Fees.
The Claimant contends that these charges were legally unenforceable and the Claimant is demanding the repayment of this money without condition.The Defender has refused full payment of these monies due, copies of correspondence can be provided.
No admissions are made by the Claimant as to the incorporation of any term into the contract between the Claimant and the Defender purporting to entitle the Defender to levy these charges. If the Defender is able to
establish that the contract did contain such terms, the Claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the Claimant for a breach of contract and generate profit for the Defender rather than being liquidated damages designed to compensate the Defender for the actual loss occurring to the Defender as a result of the breach.
The Claimant claims from the Defender a sum equivalent to the amount unlawfully debited from the Claimants account from 15/07/2002 to 27/02/2007 (along with 8% interest (£188.89) on that sum for being deprived of the use of these monies and also the costs of bringing this action. The sums are detailed in the attached schedule.
The contractual provision that permits the Defender to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1997 and the Common Law. Lanark Sheriff Court shall have jurisdiction as monies are due to be paid to the pursuer in Carluke.

What do you think?

eileen58 · 8th April 2007, 14:49

Hi wsm,

I have read through your amendment and I still can't understand why you are only going for the 8%. With my credit card I went for my contractual interest of 22.53% and I won. The banks and credit card companies will not go to court to contest your case and if they did you could argue that was the rate they charged you. If you can justify the rate i.e. not make one up I don't see the problem.
I still would not put the interest amount on the page as you have already said that you are claiming for your amount plus interest plus costs.
If you haven't already submitted your claim at court I would change section 4 and claim for your contractual rate of interest.
I just got the contractual interest rate on my statement.
Eileen

texel · 8th April 2007, 15:20

Hi you guys. Iguess you all like typing. I do not and try to keep things simple

When it comes to page 7 I put The pursuer ( At one court I was at the judge did not like the word claiment so I always use pursuer) has had a credit card ( or bank account) with whoever for a number of years. During this time there have been a number of high charges because of late payments and over limit etc. I have tried to have these charges refunded to no avail. Therefore this action is necessary. This is a consumer contract therefore ___sheriff court has jurisdiction.

See seperate sheet ( this is for my spreadsheet showing the charges etc.)

In my previous letter to the bank or credit card co I mention about the what the charges are etc etc I you weant a copy just let me know. The above has always done the necessary for me with not too much typing as I make too many mistakes typing

wsm36 · 8th April 2007, 23:06

Quote:

Originally Posted by eileen58

Hi wsm,

I have read through your amendment and I still can't understand why you are only going for the 8%. With my credit card I went for my contractual interest of 22.53% and I won. The banks and credit card companies will not go to court to contest your case and if they did you could argue that was the rate they charged you. If you can justify the rate i.e. not make one up I don't see the problem.
I still would not put the interest amount on the page as you have already said that you are claiming for your amount plus interest plus costs.
If you haven't already submitted your claim at court I would change section 4 and claim for your contractual rate of interest.
I just got the contractual interest rate on my statement.
Eileen

Thanks Eileen, I thought you claimed the contractual int. right from the start, and anyway I'm a bit dumb that way.

William

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