Thread: 4 Accounts, should I split the claim ? or make 1 claim ?

Hi,

Sorry for the new thread but I have asked it in my original thread and searched other threads and looked at the FAQ, but I can't find the answer.

I have 4 accounts with Natwest, 1 business, 1 personal and 2 joint accounts.

Should I make 4 claims or 1 ??

The total claim is just over £4200.00

Thanks
James

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Hi,

Thanks for the advice, I'll have a think tonight as I want to get the ball rolling Monday am.

James

fizzystutter - Keep business and personal accounts separate.

gws7033 - Please start a new thread for your claim instead of posting the same question in several different threads.

If someone has a claim against a bank arising from, in this case, unlawful levy of penalty charges that have occurred in the course of business, they all have to claimed at once, as they arise from the same facts. The facts being that they were levied for breach of contract. The reason for the breach e.g. returned DD, bounced Cheque is not the matter at law; the matter at law is breach of contract and flowing from that are the charges a genuine pre-estimate or a penalty.

However, there is a way they could be broken up. If a series of charges arose, and those became the subject of a dispute and while that was ongoing or afterwards another set of charges occurred that arose from the same set of circumstances than a second action could be brought.

However, nothing actually 'wrong' with trying, but it could cause problems later.

People should not be scared of the fast track - its the normal/standard procedure for cases going through the system. There is no reason why a lay-person could not do a case themselves like on the small claim track. But a word of warning - costs are recoverable in a fast track, but limit is only up to £750 so it isn't the end of the world.

Fast track has its advantages - mainly that the judge will order standard disclosure - and the banks definitely don't want this as "Stephen" discovered with the Abbey."

If you are going to attempt a sever, your best bet would be to choose the time frame that would allow your first claim total to be just short of £5000 rather than, say, just splitting it in half. If, for any reason, you are later unable to claim for the 2nd part, you will have recovered the largest part possible in stage 1.

Firstly from the point above... interest (if it is at 8%) and court costs do not determine the track of the case, but interest could determine the cost of starting the claim.

If claiming contractual interest, then it must be added as part of the claim value and would determine the track.

However, this is not a totally fixed rule. Several Judges have recently pushed small value claims into the Fast-track and Multi-track. Likewise, claims above £5000 have been assigned to small claims track - the issue is not simply about values.

From above by gws - Standard Disclosure will force the bank to reveal specific details about it costing and methods for determining pricing for these charges.... the bank's, understandably, are rather averse to submitting this sort of thing!

As for a Statutory Demand, I think someone has been on the funny smokes. These are used to chase actual debts. You (and we all agree...) are chasing the bank for a refund of charges. Is this a proven debt? No.

Stick to the plan of action outlined on this site and you'll see a refund.

Hi,

I've finally come back to the forum after a number of months.

I'm picking up at the Money Claim online stage. I've just completed my Particulars of Claim, but I just want to make sure that I have everything correct:

1. The Claimant has 4 accounts xxxx,
xxxx, xxxx, xxxx with the
Defendant, opened from 10/08/1999. 2. Since
17/12/2001 the Defendant debited charges
and interest in respect of purported
breaches of contract. 3. Defendant is aware
of all details as a list of charges has
already been supplied. Another copy is
attached. 4. Claimant contends: (a) The
charges exceed the Defendants losses caused
by the breaches; (b) The Term permitting
the Defendant to levy such charges is
unenforceable under the Unfair Terms in
Consumer Contracts Regulations 1999, Unfair
Contract Terms Act 1977 and at Common Law.
5. Claimant claims: (a) return of the
amounts debited of £4,288.89; (b) Interest
per S.69 County Courts Act 1984 of 8% -
£699.69 continuing at 8% until judgment or
settlement at a daily rate of £0.94; 6.
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. 7. Costs allowed by the
Court.



The total amount before interest is 4288.89.
With interest the claim is £4988.58.

Every time I click on the Submit button the moneyclaim website (after I have inserted the POC) the page says:

WARNING: Claim Particulars: This information is required and must be no more than 24 lines or 1080 characters. The following characters cannot be used < > & "

I've checked my text but nothing appears to stand out and I still can't submit the claim, has anyone got any pointers ?

Thanks
James

Originally Posted by fizzystutter

Hi,

I've finally come back to the forum after a number of months.

I'm picking up at the Money Claim online stage. I've just completed my Particulars of Claim, but I just want to make sure that I have everything correct:

1. The Claimant has 4 accounts xxxx,
xxxx, xxxx, xxxx with the
Defendant, opened from 10/08/1999. 2. Since
17/12/2001 the Defendant debited charges
and interest in respect of purported
breaches of contract. 3. Defendant is aware
of all details as a list of charges has
already been supplied. Another copy is
attached. 4. Claimant contends: (a) The
charges exceed the Defendants losses caused
by the breaches; (b) The Term permitting
the Defendant to levy such charges is
unenforceable under the Unfair Terms in
Consumer Contracts Regulations 1999, Unfair
Contract Terms Act 1977 and at Common Law.
5. Claimant claims: (a) return of the
amounts debited of £4,288.89; (b) Interest
per S.69 County Courts Act 1984 of 8% -
£699.69 continuing at 8% until judgment or
settlement at a daily rate of £0.94; 6.
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. 7. Costs allowed by the
Court.



The total amount before interest is 4288.89.
With interest the claim is £4988.58.

Every time I click on the Submit button the moneyclaim website (after I have inserted the POC) the page says:

WARNING: Claim Particulars: This information is required and must be no more than 24 lines or 1080 characters. The following characters cannot be used < > & "

I've checked my text but nothing appears to stand out and I still can't submit the claim, has anyone got any pointers ?

Thanks
James

Hi, James

even the POCs you've put in, fuller than normal as they are, aren't going to stop Cobbetts from saying you haven;t properly particularised your claim - and having a point, to be fair.

I'd suggest you submit your claim on N1 form to your local court, with fullest POCs. You can find them in the templates library or on about page 5 of my thread.

W

Hi Westy,

Thanks for the tip

James