Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

reg. office:
923 Finchley Road
London
NW11 7PE



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  1. #1
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    Default Claim amendment as per article

    Hi There,

    I currently have a claim in against Barclaysicon which was stayed (stay was granted a day or so before).

    I just read this:

    http://www.consumeractiongroup.co.uk...lties-to-utccr

    I am a bit confused at whether I need to amend mine and which document I base the decision on?!

    Is it the 'Particulars of Claim' from the MCOL form? If so, mine reads thusly:

    The Claimant has an account xxxxxxxx with the
    Defendant. Since xx/xx/xxxx the Defendant
    debited charges and interesticon in respect of
    purported breaches of contract.Defendant is
    aware of all details as a list of charges has
    already been supplied. Claimant contends: The
    charges exceed the Defendant's losses caused
    by the breaches; The Term permitting the
    Defendant to levyicon such charges is
    unenforceable under the Unfair Terms in
    Consumer Contracts Regulations 1999, Unfair
    Contract Terms Act 1977 and at Common Law.
    Claimant claims: return of the amounts
    debited of £xxx; Interest per S.69 County
    Courts Act 1984 of 8% - £xx.xx continuing at
    8% until judgment or settlement at a daily
    rate of £0.xx; Alternatively, if the charges
    are a fee for a service, then they must be
    reasonable under S.15 of the Supply of Goods
    and Services Act 1982. Costs allowed by the
    Court.



  2. #2
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    Default Re: Claim amendment as per article

    That's fine. As long as your POCicon refers to enforceability of charges under the UTCCR.
    Now you need to go back and check that you have reclaimed all of the interesticon which you have paid on your charges as well.

    Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential.
    Please include a link to the post you want me to look at. If you have received a defence, contact me.
    Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

  3. #3
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    Default Re: Claim amendment as per article

    There is more interesticon I should be claiming?



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Reclaim the Right Ltd. - reg.05783665 in the UK reg. office:- 923 Finchley Road London NW11 7PE