Help anyone.


I have got to the stage where my Aq has been filed and i have been waiting for a court date for about 2 months and today i have received a letter telling me unless i do the 2 things stated on the letter my claim will be struck off, and the points confuse me a bit.

a) how the claim has been quantified, setting out particulars of each charge he claims has been wrongly made and the periods of which he claims interest.

b) the grounds on which he claims the defendant is liable to him and why he alleges thatthe bank charges are unlawful.


As you can understand i do not want to mess this bit up so need advice
for point a) i am assuming they want to know the date of each charge and what it was for eg: over overdrafticon and the amount of interest. but i sent a Breakdownicon of the charges to them and the interest and date of charge, so i am not sure what they want from me .


And for point b) i have found a good template i think for this one

IN THE ANYWHERE county courticon

BETWEEN

JOE BLOGGS CLAIMANT

And

GRABBBIT BANK LTD DEFENDANT


PARTICULARS OF CLAIM


1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levyicon such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;


b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

I believe that the contents of these particulars of claim are true


Signed:


Date:


any help would be appreciated as i am worrying about what to put

cheers

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