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.

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  1. #1
    Basic Account Holder Maxie Novitiate Maxie Novitiate



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    Default Particulars of claim template

    I know I'm new, but thought I'd stick my head above the parapit again! I'm glad to read the particulars of claim you have on site mentions the UTCC, I usually refer to them as unfair terms as defined in section 5, schedule 2(e) UTCC regulation 1999 - winds them up more when YOU get technical

    I wonder if you might consider add an 'unjust enrichmenticon' claim to the particulars as well? As the banks owed a duty of care to the consumer in the form of a fiduciary duty not to gain extra profit by way of 'fiduciary improprietry'. Now, if the court holds that the charges are unlawful, anythign that flows from such charges are fruits of the same poisenous tree. So, you go overdrawn £100, the banks slap on a £30 charge, they charge debit interest on the whole amount, there by a profit by wrong doing or 'unjust enrichment'. Therefore a claimant can claim restitutionary damages - it is hard to work it out exactly, but I usually add on£10 per hundred. If they want to argue the toss its going to cost them alot more than £10 per hundred to get a forensic accountant to calculate how much the made from unjust enrichment!

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  2. #2
    Gold Account Holder Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar



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    Definitely a seed of an idea there - but the consensus is that the standard templateicon works so far (with personal circumstances amended)

    However, if you try your gambit, and it gets results, then everyone would love to hear about it.

    Good luck.

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  3. #3
    Gold Account Holder Seminole Highly informative Seminole Highly informative Seminole Highly informative Seminole Highly informative Seminole Highly informative Seminole Highly informative Seminole's Avatar



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    This is one of the issues that has been causing some problems.

    Essentially what you are saying is that the bank should not enrich itself by its own unlawful act ie it shouldn't for example be able to charge interest on unlawful charges. There has been a lot of debate about how to calculate these interest charges in order to reclaim them. I think you are right in that it would take the skills of a forensic accountant to do so in a complicated case.

    The alternative you suggest is sa very interesting idea.


  4. #4
    Basic Account Holder Maxie Novitiate Maxie Novitiate



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    Thanks for your replies. In the particulars of claim I use, I always include a for claim unjust enrichmenticon without any real challenge. Seminole you are exactly right. the exact terms I use are as follows:

    The Claimant further claims that the Defendant owed him a duty of care in the form of a fiduciary duty not to gain extra profit and by way of ‘fiduciary impropriety’ and that by adding interest to the unlawfully levied charges, the Defendant breached that duty of care and made ‘profit by wrongdoing’ from that breach at the Claimant’s expense forming an ‘unjust enrichment’. The Claimant therefore claims restitutionary damages, in the nominal sum of £100.00, for that ‘unjust enrichment’.


  5. #5
    Mal Mal is offline
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    Or we could add on the bottom of our letters...

    As a goodwill gestureicon I will not be claiming for 'unjust enrichmenticon' etc

    we know how much they like goodwill gestures

    Mal


  6. #6
    Gold Account Holder Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull Authoritative Spiceskull's Avatar



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    I have thought about throwing 'goodwill gestureicon' back at the bank - but I am pressed to think what I can offer as my token...any suggestions?

    Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

    All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.
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  7. #7
    Basic Account Holder Maxie Novitiate Maxie Novitiate



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    I don't think its the sort of think one should add to a pre litigation or other 'letter before actionicon'. It really is something that is best reserved for pleadings to force a settlement.


  8. #8
    Basic Account Holder tara brewster Novitiate



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    Default Re: Particulars of claim template

    Im having trouble finding the right templateicon letters to send to my bank. I have received a lettericon from them offering a part refund but I wish to claim the full amount. Please can anyone help me get to the right documents to use.



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