Regarding the N244:
1. Tick (c) (without a hearing)
Part A
intend to apply for an order that:
amends my particulars of claim
because:
my particulars of claim did not state the statutory provisions on which my claim relies
Part B
Tick evidence in part c
Part C
Please find attached to this application my proposed new particulars of claim, amended to include the statutory provisions on which my claim relies , as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"
Fill in From N1 and include the particulars of claim below
N1 Claims form in .PDF format with form filling
PARTICULARS OF CLAIM
1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]
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 levy 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. 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.
6. Accordingly the Claimant claims:
a) The return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;
b) Court costs;
c) Interest pursuant to S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.
Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.