CLAIM NO: xxxxxxxx
In the [insert court name] county court
_________________________ _________________________ ___
1. I am the Claimant in this case.
2. On 23 March 2006 I wrote to the Defendant requesting a refund of charges.
3. On 08 April 2006 I wrote again to the Defendant requesting a refund of charges and advising I would file a claim should I not receive a satisfactory response.
4. On 27 April 2006 I wrote again to the Defendant advising I would be filing a claim should I not receive a satisfactory response.
5. On 08 May 2006 I filed with Northampton County Court a claim against the Defendant for the return of excessive penalty charges as outlined in my Particulars of Claim.
6. On 26 July 2006 I submitted amended claim to Northampton County Court as requested in General Form of Judgement or Order dated 18 July 2006.
7: Amended claim sealed by Court and returned to myself and served on the Defendant on 04 August 2006.
8. During the period in which the Account has been 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.
9. A list of charges applied is attached to this Case Summary.
10. 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 levy
such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law.
11. Accordingly the Claimant claims:
i. The return of the amounts debited in respect of charges in the sum of £xxxxxxxxx which includes overdraft interest charged;
ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).
iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.
12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.
a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.
b. I understand that it is in the Courts discretion to do so.
Statement of Truth
I believe the facts stated within this Case Summary to be true
comprising of xx pages.
Dated this day of 2006