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minnienee

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  1. Please help. I am a little confused on how to complete the MCOL when Lloyds have already paid me £750 as a part settlement. How does this effect the amount owed/claimed vs the 8% interest I am requesting on court submission? I have copied my claim below...pse can someone give me any advice on what I should do to finish the claim correctly!

     

    The Claimant has an account XXXXXX with

    the Defendant, opened 26/7/93. From

    03/10/00 - 29/9/06 the Defendant debited charges

    and interest in respect of purported breaches

    of contract. 3. Defendant is aware of all

    details as a list of charges has already

    been supplied. Another copy will be sent.

    4. Claimant contends: (a) The charges

    exceed the Defendant's losses caused by the

    breaches; (b) The Term permitting the

    Defendant to levy such charges is

    unenforceable under the Unfair Terms in

    Consumer Contracts Regulations 1999, Unfair

    Contract Terms Act 1977 and at Common Law.

    5. Claimant claims: (a) return of the

    amounts debited of £3,465.59 minus £750 (£2,715.59)

    already paid by the defandant in Dec 2006;

    (b) Interest per S.69 County Courts Act

    1984 of 8% totals £947.01 (less £750 already paid)

    continuing at 8% until

    judgment or settlement at a daily rate of

    £0.76; 6. 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. 7.

    Costs allowed by the Court.

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