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Sorry if this exact question has been asked before. I know contractual interest and particulars of claim have been discussed but I couldn't find exactly what I am looking for.
I am ready to submit my claim on MCOL but think I have made a mistake in the particulars of claim. So I haven't actually submitted it yet, but would like to later today.
I am claiming contractual interest at the unauthorised borrowing rate. How do I amend the particulars to reflect this? Do I delete all reference to S69 and 8% interest etc. Do I work out a different daily rate?
The template I am using is below, but it clearly needs amending in my case:
1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 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 will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx[enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.
Can someone please advise on the exact wording I should consider using.
cheesy, don't know if you've submitted it yet but I think you'll have a job fitting it in on MCOL and may need to do it on an N1 form. If you want to see my own wording of my POC it's here
The claimant claims compound interest on the amounts claimed - using the rate and method specified in the said contract, and applied by the defendant to monies it is owed. A schedule of the interest calculated is annexed to the Particulars of Claim at pages x & x.
The claimant’s ground for seeking restitution of the compounded contractual rate of interest is that the defendant would be unjustly enriched if the claimant's entitlement was limited to the statutory rate of interest in that the defendant has had use of the sums and would have used these sums to re-lend at commercial compounded rates.
Alternatively, if the court decides that the claimant is not entitled to the contractual rate of interest, then the claimant claims interest under s.69 County Courts Act 1984. A schedule of the interest calculated is annexed to the Particulars of Claim at pages x & x.
Accordingly, the claimant claims:
a. The return of £x taken by the defendant in charges and interest applied on the charges between xx/x/xxxx and xx/xx/xxxx.
b. Court fees
c. Compound interest at the contractual rate of x% EAR from xx/x/xxxx to xx/xx/xxxx of £x, and also interest compounded at the same percentage rate up to the date of judgement or earlier payment.
d. In the alternative to c., interest under s.69 County Courts Act 1984 at the rate of 8% a year, from xx/x/xxxx to xx/xx/xxxx of £x and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of xp.
contractual interest - particulars of claim
and particulars of claim have been discussed but I couldn't find exactly what I am looking for.
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