Claim Form

[Katlu]

Tomorrow I start my court claim. I am about to complete form and insert the following details. Please can someone tell me if they are correct as I don't want it to be thrown out for being incorrect. I will insert addresses costs etc once I get the ok.

 

Claimant

 

(My full name + address)

Defendant

 

Name of bank

Brief details of claim

 

Claim for repayment of monies wrongly deducted from claimants account by way of penalty charges and interest contrary to the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law. Also removal of any adverse entry on the claimants credit file.

Value

 

Bank charges - £XXXX

Interest - £XXX

Court costs - £XXX

Total of - £XXXX

Plus daily interest of £0.xx which are total charges x 0.00022

 

Defendants Name and Address

Enter name of bank and registered office

Particulars of Claim

 

1. The Claimant [my name] has an account ("account number") with the Defendant which was opened on or around [date]

 

2. 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.

 

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. 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 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:

I will attach spreadsheet with breakdown of charges plus interest

[Deller]

Yes great stuff!

[mollington]

Im sure its fine as it is. but all you really need to put in brief details of claim is

 

"Money claim as outlined in the particulars of claim"

[Katlu]

Dear all

 

Never had time to get claim for to court. Happy that it has been checked and is OK. Thank you Deller 1 and Holly99. At least it won't get thrown out of court. I was hoping I'd hear from Barclays again, offering to pay full amount. They sent me a second letter offering only £250 instead of £635 taken. So, I have no choice but to go to court. I will take 3 completed forms + charges + £80 fee to court on Monday. I was afraid but the threads I have read have given me the strength to see it through. What have I to lose, if I never heard about this on GMTV I would never have known.

Just one thing, if it does go to court, which it probably will as I believe banks are fighting back harder. How do I download the court bundle documents. It's a zip file, I have tried to download. It gives me a list of packages to open in, but none seem to work. Has anyone else had this problem and overcome it. If so, help me please.

 

Thank you.

[Katlu]

Took claim form to court yesterday. If I have to defend myself in court is there someone out there that will help me. I do not know all the legal wordings that I need to use in court and feel panicked. I definitely am going to go all the way but I worry that when I need you, no-one will respond. Like my above thread. I asked how I open the court bundle as I do not have a zip programme but still haven't had a response.

Also, last week I applied for a credit card, so that I could transfer my balance. Today I received a letter basically stating I had a bad credit scoring and unfortunately, they could not offer me any credit. I have ALWAYS been able to get INSTANT CREDIT. Now that I have started a fight against Barclays I can no longer get credit. Although in my letter before action I stated I wanted any default on my credit file removed, I did not state this on my court claim. What do I do now. I originally put this request on my claim form in brief summary but was told by a member to reduce the summary to "money claim as outlined in particulars of claim". Please advise

[cheddar]

Katlu, glad to see your getting your claim sorted however you are still posting in the newbie welcome forum, please start a thread in your banks forum to help others and make it easier for us to help you.

 

Thanks.

[Katlu]

Cheddar, I did try to do that, but wasn't sure how to get into the Barclays Bank forum and post. Sorry to sound so thick, can you explain how I do this.

[cheddar]

No worries click on this link here: http://www.consumeractiongroup.co.uk/forum/barclays-bank/ and above the box entitled 'threads in forum' is a button called 'start thread' click on this and lkeep us informed. Everytime you want to update us click on your thread and click 'post reply' and start typing.

 

If you ever get stuck click on the large CAG logo at the top right habd side of any screen and scroll down to see all the forums on the site including all the banks.

 

[Katlu]

Thanks Cheddar..........just read your success story. You were brave to go all the way.......Well done!!!!

 

Now I sit and wait. Still worried about my credit record.

 

Can anyone help me open the court bundle zip file. I have a feeling I may need it soon.

[Katlu]

just realised I forgot to send my LBA and have made a court claim. I did send preliminary letter and got a reply telling me that I will hear from them by a certain date, which took it way over 14 days, a month at least. It was this that confused me because they then got back with an offer. I then sent rejection letter which made me forget about the LBA. I rejected as advised in threads read. In rejection letter I did state that I would make a court claim without further notice and gave date they had until to pay up which was another 14 days. They then wrote back again stating they could not offer money as part payment and also mentioned the fact that I would be claiming the remainder in a small claims court, but if I still wanted their offer as full and final settlement then I should sign attached form and return it. I gave them another 5 days past deadline date. I am worried because I did not send LBA letter and wondered if it would affect my claim. I have given them a total of 36 days in which to refund money. Have I messed up???

[Katlu]

Is there anyone out there that could advise me on my latest thread. Need reassurance please.

[Katlu]

Please read my message, 1st on posted on 4th Dec, 2nd posted yesterday. I need to know if I have messed up.

[Katlu]

Perhaps there is another letter I could send whilst waiting to hear from court. Is there anything I could write to the bank?

[ramouth]

hi katlu,

 

In my opinion the purpose of the LBA is to try and resolve the issue out of court and to warn the bank court is the next step. I think that you have covered this with your rejection letter so don't worry about missing this. As for not being able to open the court bundel zip file, you should be able to download a winzip trial for free WinZip® - The Zip File Utility for Windows - Zip/Unzip, Encrypt/Decrypt if not, message me with your email address and i will unzip the files and send them to you

 

don't panic!

 

x ramouth

[Katlu]

Thank you so much Ramouth, I was actually have sleepless nights over this. Thank you. I also managed to get someone at work to open the zip file for me, so that's fine now............thank you again.

[Katlu]

Good afternoon all

 

My claim to Barclays was served on 2nd December, it states they have until 18th December to respond. From threads I read they have 28 days to file defence.

Exactly when does the 28 days start from?

When they file a defence, I believe I then complete the Allocation form. This is the allocation form ONLY and attached charges.

Am I right in saying that the court bundle which also includes correspondence to and from the bank, is only needed when I get a court date?

[Deller]

They actually gt 33 days from the date you file your claim through the courts.

5 days to be deemed served

14 days to acknowledge

14 days to file their defence

 

Once they've filed their defence, yes you'll then receive the AQ

 

Yes the court bundle will only be required at a much later stage....so don't go worrying about it just yet, although it's deffinately worth a read through.

[Katlu]

Thanks Deller1. I was actually beginning to panic with xmas coming and no printer at home, thought I had better print everything out at work before Friday, but sounds like I'll have time to sort it all after the xmas break. Thanks again.

[Katlu]

Barclays have now filed a defence, a day late, but to be expected. Still can't understand why they are allowed to get away with it.

Anyway, I am fine to complete form, have used Welshman's post to complete section G. Not sure if it will fit in box though. Does it have to be hand written or can I type and attach it to form? Also do I send to the Registered office Churchill Place, or is there another address for this form to be sentto?

Also noticed a post yesterday by Bank Fodder and am not sure if I should attach it to Allocation Questionnaire, don't think it has been used yet as Bank Fodder has asked for comments. The post is as follows, please advise me what to do:

 

By Bank Fodder Re: New strategy for AQ

 

I think that the order which has been pointed out at

NatWest v Mickpercy - in full swing

 

Would form a very good basis for a standard attachment to all AQs and could help to turn the heat up a bit.

 

I think that we could modify it and use it as a template and encourage anyone who returns an AQ to ask for the atrtached draft direction to be made into an order.

 

I suspect that quite a few judges would agree.

 

 

 

Re: New strategy for AQ

 

Quote:

 

 

In the XXXXXX County Court

Claim number XXXXXX

 

 

 

 

 

 

Between

 

 

XXXXXXXX - Claimant

 

 

 

and

 

 

 

XXXXX - Defendant

 

 

 

 

Draft Order for Directions

 

 

The Claimant shall within 14 days of service of this order send to the Defendant and to the Court:

• a) A schedule setting out each charge repayment of which is sought, showing the date, amount, and reason given (if any) for that charge being made;

• b) Copies of any statement or other document relied upon as showing that each and every charge has been made;

• c) A statement of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise;

• d) Copies of decided cases and other legal materials to be relied upon.

If the Claimant fails to comply with this order, the claim will be struck out without further order.

 

2. The Defendant shall within 14 days thereafter file and serve a response to the Claimant's schedule, stating in respect of each item claimed;

• a) Pursuant to what contractual provision such charge was made, producing a copy of the contractual document relied upon;

• b) Whether such charge is accepted to be a penalty, and if not why not;

• c) If such charge is alleged to be a pre-estimate of the Defendant's loss incurred by the Claimant's actions (whether or not such action is treated as a breach of contract between the parties), all facts and matters intended to be relied upon as showing that such was a proper estimate of such loss, and all evidence to be adduced at trial as to what the true cost of dealing with the matter was;

d) If such charge is not alleged to be a pre-estimate of the Defendant's loss incurred by

• the Claimant's actions then facts and matters intended to be relied upon showing the basis upon which the charge was calculated and all evidence to be adduced at trial as to show that the charge was fair and reasonable.

• e) Any witness statements.

• f) Copies of decided cases and other legal materials to be relied upon.

If the Defendant fails to comply with this order, the Defence will be struck out without further order