Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
    Basic Account Holder Candice Novitiate



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    Default Start of my claim

    The 2-week deadline for RBSicon to respond to my request to repay the 2,011 owed to me has now expired. 2 weeks on, and 2 letters later, it seems as though they've totally ignored me. Naturally, tomorrow sees the start of my legal action against them when I begin my claim.

    the good newsicon, I suppose, is that I can now add the interest to my claim bringing it up to 2,630. Apart from the 50 I will reclaim in expenses, the cost of all this so far is 8 hours of my time and 3. Not bad really

    I'll keep you all posted

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  2. #2
    Royalties Account Holder Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm's Avatar



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    Cool.

    Don't forget to pm Bankfodder or Dave once you have your claim number!


  3. #3
    Basic Account Holder Candice Novitiate



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    Default

    Yes of course I won't forget. I used the standard PDFicon templateicon from www.bankchargeshell.co.uk as the basis for my claim, but I had to reword is slightly because I am reclaiming charges on 3 accounts.

    I would be interested in anybodies comments.

    Cheers

    --- 8< --- 8< ---

    The claimant held 3 bank accounts with the defendant which were open within the time period of 8th March 2000 to 8th March 2006. Account xxxxxxxx (now closed), account xxxxxxxx (now closed) and account xxxxxxxx.

    Between 8th March 2000 and 8th March 2006, the defendant made various deductions from the accounts in respect of: ‘referral charge’ (levied monthly when the account debit balance exceeded the specified overdraft limit); ‘unpaid item(s)’ (levied if a direct debiticon or standing order payment was returned unpaid because the specified overdraft limit had been exceeded); 'card misuse' (levied if a cheque payment was returned unpaid because the specified overdraft limit had been exceeded).

    If the defendant is able to establish that the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend that they are unenforceable at common law, being penalty clauses rather than being liquidated damages clauses.

    The claimant claims from the defendant a sum equivalent to the total amount unlawfully debited to the claimant’s accounts during the above mentioned period, being 2,011.00.

    The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of 618.76.

    The claimant further claims the court fee of [will find out when I submit my claim if this looks ok].


  4. #4
    Basic Account Holder Candice Novitiate



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    Default

    Scrap that, just seen how stupidly small the textarea is :-| Do they expect that to be useful at all? I managed to condense it all down to this:

    "The claimant held 3 bank accounts (xxxxxxxx, xxxxxxxx and xxxxxx) with the defendant, open between 8/3/2000 - 8/3/2006.

    During this time the defendant made various deductions in respect of: 'referral charge', 'unpaid item' and 'card misuse' (levied if a direct debiticon, standing order or cheque was returned unpaid, or because the specified overdraft limit had been exceeded).

    If the defendant establishes the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend they are unenforceable at common law, being penalty clauses rather than liquidated damages clauses.

    The claimant claims the total amount unlawfully charged during this period, of 2011. The claimant further claims interest pursuant to s69 of the County Courts Act 1984 at the rate of 8% p/a, of 618.76."

    The task of compressing it all without losing content was harder than I could possible describe lol. Damn moneyclaim


  5. #5
    Royalties Account Holder Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm Highly authoritative Bookworm's Avatar



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    I did wonder wen I saw your 1st post


  6. #6
    Site Team The Consumer Action Group Docubot Novitiate



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    Default

    I have had the same problem every time - you really have to knock back the punctuation and/or carriage returns.

    It can be done though - as you have no doubt discovered.

    Advice & opinions of Dave and The Bank Action Group are offered informally, without prejudice & without liability.
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