This topic was closed on 10 March 2019. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

This topic was closed on 2019-03-08. If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there. If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened. - Consumer Action Group

I received a letter from e2Save in January 2007 apologising for the contradictory cashback claim information appearing on their website stating that as my mobile handset was purchased in November 2006 and this counted as my 1st billable month, I should submit my April, June, August and October VodaFone bills to e2Save for cashback. Additionally a Paula Fletcher from e2Save eMailed twice in January 2007 me to also confirm that I should submit my April, June, August and October 2007 invoices. Furthermore a screen print of my ‘Offer Breakdown’ information on the e2Save WEBSITE clearly stated “Send bill dated APR, JUN, AUG & OCT 2007 for cashback. Although April, June and August were processed without problem, on Friday I received a "claim submitted too early" rejection letter from e2Save for my final October claim.

I received a letter from e2Save in January 2007 apologising for the contradictory cashback claim information appearing on their website stating that as my mobile handset was purchased in November 2006 and this counted as my 1st billable month, I should submit my April, June, August and October VodaFone bills to e2Save for cashback. Additionally a Paula Fletcher from e2Save eMailed me twice in January 2007 to also confirm that I should submit my April, June, August and October 2007 invoices. Furthermore a screen print of my ‘Offer Breakdown’ information on the e2Save WEBSITE clearly stated “Send bill dated APR, JUN, AUG & OCT 2007 for cashback. Although April, June and August were processed without problem, on Friday I received a "claim submitted too early" rejection letter from e2Save for my final October claim. Should I claim for Breach of Contract via MoneyClaim (does anyone have a template) or risk sending in my November claim and being rejected again for being too late! ? Thanks in anticipation

Claimed refund of 2 x £20 unauthorised overdraft charges for being a mere £0.68 overdrawn. After waiting 7 weeks during which time I received a please wait another 28 days leter, the Abbey have finally agreed to refund as a goodwill gesture. Good luck to everyone in your claims

If using the MoneyClaimOL service the current advice appears to be to follow up by posting off a Schedule of Charges to the service. Is there a template on this site of what this schedule should look like? Or can someone please give me some guidance? Thanks in anticipation

I've just won my case . . . . so no doubt a similar letter will soon be arriving. Good luck Graeme

For my [now successful] MoneyClaim submission, the site would not accept GIR 0AA - I eventually used: Bridle Road, Bootle, Merseyside, L30 4GB Good luck Graeme

Letter [with cheque] from Jackie McGuirk Solicitor Litigation Team: "We have received from Northampton County Court a claim that you have issued. We have now reviewed your particular case and have decided in this instance to settle the claim. This decision should not be regarded as an admission of liability on the part of the Company, nor should it be regarded as any sign of weakness on our part as we consider the charges to be fair and reasonable. We therefore now enclose our cheque in the sum of £187.13 which is paid in full and final settlement of your claim. Would you please acknowledge receipt and write to Northampton County Court confirming that the case has been settled. As it is clear that you do not accept the terms and conditions for the operation of your account we will shortly be contacting you to discuss its future operation." Thanks to everyone for advice and kind assistance.

My MoneyClaim against A&L, which was issued on expiry of my 'notice before action' on 2nd May, was acknowledged by Jackie McGuirk (solicitor) on 4th May; she is intending "to defend all of this claim":- I have a contract with the Defendant dated 14_01_05 which is conducted on their standard terms and conditions. I am claiming the return of 5 failed Direct Debit (£170) 2 Failed Item (£68] 1 £25 Paid Item and 1 £25 Unauthorised Overdraft charges applied to account xxxxxxxx as they are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para.8 and sch.2.1.e In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Although repeatedly declining to justify the charges, the Defendant has refunded £136. The remaining £152 charges and Court costs are claimed with interest under section 69 of the County Courts Act 1984 from 5_07_05 to 30_04_06 @ 8% APR of £5.13 Will post update as and when there are any developments.

carollawton88 I received an identical [word for word] letter from Miss H Monaghan today; how they can reasonably claim that their charges are lawful simply because they're in line with their competitors and advertised is beyond me. However, I will be submitting my MoneyClaim claim on Monday on expiry of the notice of action I issued.

Thanks alanfromderby. Yes, I've previously viewed the library entry; if I were to use this text as an alternative, what sort of details of charges/interest should i enter and how should i lay them out [or does the website have a template] Additionally does the "Do the s.69 county courts act interest statement" mean . . . . . . Court Costs and interest pursuant to section 69 County Courts Act as set out on the following list of charges or at such rate and for such periods as the court deems just plus interest charged thereon? Thanks again in anticipation

I would be grateful if anyone could assist by confirming that the following first draft of my eventual submission to the MoneyClaim site are suitable [ie presentation, limit on the number of characters etc]? Thanks in anticipation. I have a contract with the XXXXX Bank ("the Defendant") dated 14th January 2005 which is conducted on their standard terms and conditions. During the period in which my account number XXXXX ("the Account") has been operating, the Defendant has debited numerous charges to the Account in respect of purported breaches of contract by myself and also charged interest on the charges once applied. I understand that the Defendant contends that the charges were debited in accordance with the terms of the contract. These charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Accordingly, as I have repeatedly asked the Defendant to justify their charges but they have declined to do so, I respectfully claim the return of the amounts debited in respect of charges in the sum of £152.00, Court costs and interest pursuant to section 69 County Courts Act as set out on the following list of charges or at such rate and for such periods as the court deems just plus interest charged thereon: i) 5/7/05 Failed Item [£310 cheque] Charge = £34 (£34 refunded 11/07/05) – Amount Claimed £0 ii) 8/7/05 Failed Item [£310 cheque] Charge = £34 (£17 refunded 11/07/05) - Amount claimed £17 + £1.11 interest @ 8% [297days x 0.00022 x £17] iii) 8/7/05 Failed Direct Debit [£306.42] Charge = £34 - Amount claimed £34 + £2.22 interest @ 8% [297days x 0.00022 x £34] iv) 30/1/06 Paid Item Charge [overdraft limit exceeded by £50.82] = £25 – Amount Claimed £25 + £0.50 interest @ 8% [91days x 0.00022 x £25] v) 1/2/06 Failed Direct Debit [£15.81] = £34 (£34 refunded 10/02/06) – Amount Claimed £0 vi) 1/2/06 Failed Direct Debit [£37.98] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17] vii) 1/2/06 Failed Direct Debit [£24.65] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17] viii) 1/2/06 Failed Direct Debit [£85.00] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17] ix) 6/3/06 Unauthorised Overdraft Charge = £25 – Amount Claimed £25 + £0.31 interest @ 8% [56days x 0.00022 x £25] I believe that the contents of these particulars of claim are true.

I have a contract with the Alliance & Leicester Bank ("the Defendant") dated 14th January 2005 which is conducted on their standard terms and conditions. During the period in which my account number 123456 ("the Account") has been operating, the Defendant has debited numerous charges to the Account in respect of purported breaches of contract by myself and also charged interest on the charges once applied. I understand that the Defendant contends that the charges were debited in accordance with the terms of the contract. These charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Accordingly, as I have repeatedly asked the Defendant to justify their charges but they have declined to do so, I respectfully claim the return of the amounts debited in respect of charges in the sum of £152.00, Court costs and interest pursuant to section 69 County Courts Act as set out on the following list of charges or at such rate and for such periods as the court deems just plus interest charged thereon: i) 5/7/05 Failed Item [£310 cheque] Charge = £34 (£34 refunded 11/07/05) – Amount Claimed £0 ii) 8/7/05 Failed Item [£310 cheque] Charge = £34 (£17 refunded 11/07/05) - Amount claimed £17 + £1.11 interest @ 8% [297days x 0.00022 x £17] iii) 8/7/05 Failed Direct Debit [£306.42] Charge = £34 - Amount claimed £34 + £2.22 interest @ 8% [297days x 0.00022 x £34] iv) 30/1/06 Paid Item Charge [overdraft limit exceeded by £50.82] = £25 – Amount Claimed £25 + £0.50 interest @ 8% [91days x 0.00022 x £25] v) 1/2/06 Failed Direct Debit [£15.81] = £34 (£34 refunded 10/02/06) – Amount Claimed £0 vi) 1/2/06 Failed Direct Debit [£37.98] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17] vii) 1/2/06 Failed Direct Debit [£24.65] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17] viii) 1/2/06 Failed Direct Debit [£85.00] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17] ix) 6/3/06 Unauthorised Overdraft Charge = £25 – Amount Claimed £25 + £0.31 interest @ 8% [56days x 0.00022 x £25] I believe that the contents of these particulars of claim are true.

When lodging a claim via the MoneyClaim site, can I simply use the "Particulars of Claim" from the Templates Library (i.e. is there enough space etc): http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681 Additionally when submitting the claim how should I set out the following charges (including interest)? Basically, I've been charged £288, with £136 subsequently being refunded by A&L after repeated begging. 5/7/05 Failed [£310 cheque] Item = £34 (£34 refunded 11/07/05) 8/7/05 Failed [represented £310 cheque] Item = £34 (£17 refunded 11/07/05) 8/7/05 Failed [£306.42] Direct Debit = £34 30/01/2006 Paid Item Charge [overdraft limit exceeded by £50.82] = £25 01/02/2006 Failed [£15.81] Direct Debit = £34 (£34 refunded 10/02/06) 01/02/2006 Failed [£37.98] Direct Debit = £34 (£17 refunded 10/02/06) 01/02/2006 Failed [£24.65] Direct Debit = £34 (£17 refunded 10/02/06) 01/02/2006 Failed [£85.00] Direct Debit = £34 (£17 refunded 10/02/06) 06/03/2006 Unauthorised Overdraft Charge = £25 How would I show the calculation on interest on the above Thanks in anticipation of any replies.