The Pursuer claims from the Defender the sum of £561.00 with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action) together with judicial interest at the rate of 8%

Can I use this as reason for claim on small claims form?

Does it need to be reworded.

Hi sarah, is this for the brief details section and is it an online claim or N1 form?

Sorry for the brief details section for a small claim in scotland

Hi sarah, well this is what I put in the brief details, but it may differ in scotland.

I am claiming the return of money taken by the defendant in the way of charges over the last xx years and xx months plus the interest they have levied on those charges.

Do you think its better to take out to judicial interest bit? Its just that it shows on the spreadsheet that I'll be attaching to the claim

Have you stated this in the particulars of claim? Mine was the N1 form as i'm exempt from court fees so i never used moneyclaim.

If you have a look at your local courts website it should have useful info on there and tell you what you should put in each section as I'm not sure of the scottish legal procedures.

Sorry I can't be of anymore help

Okay, Ive printed off small claims, these are the details Ive put. Can someone please tell me if its all okay?? Off to Court tomorrow.

The claimant, Sarah Mooney, has held a bank account with the defendant since on or before 30th August, 2004 the account number being XXXXXXXX. The Defendant deducted from the account various amounts of money in penalty charges during the period 30th August 2004 to 7th April 2006. These were in respect of "Charges as notified" (levied if a cheque or direct debit payment was returned unpaid because the specified overdraft limit had been exceeded).

The claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of money. The Defender has refused full payment of these monies due. (Copies of correspondence can be provided.)

No admissions are made by the claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such terms, the claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occuring to the defendant as a result of the breach.

The claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the claimant's account in the period from 30th August, 2004 to 7th April, 2005. The sums are detailed in the attached schedule. 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.

The Defender has a branch in Musselburgh, East Lothian therefor it is in the jurisdiction of this court.

The Pursuer claims from the Defender the sum of £561.00 with interest on that sum at the rate of 8% annually from the date of service for each charge (together with the expenses of bringing the action

Bump!!!

Im hoping to lodge the above at Court tomorrow. Can someone please tell me its okay!!!

Thanks

Sarah

Hi,

Spot on ! I've just looked at my claim which was settled last week (BOS)

The wording is identical.

Best wishes

Scott

Thanks, Im actually quite nervous about this but todays the day anyway!!!8-)

Juts one last question th address on the small claim, is it the branch or the head office in edinburgh??

THanks

I think that`ll be upto you considering you`re already in Scotland, but i`d name the local branch, but thats only what i`d do

Thanks for replying. Ive put the branch in just in case it has to do with jurisdiction up here.