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woodspet

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  1. Here goes i submitted my claim via MCOL. My full P.O.C was taken from the group and is the following 1.The Claimant has an account ..... with the Defendant, opened ........ 2. Since (Date) the defendant has debited charges and interest in respect of purported breaches of contract 3. Defendant is aware if all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the defendants 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 £xxxx; (b) Interest oer S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgement or settlement at a daily rate of £xxxx 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
  2. Yes i put all those details in
  3. Advice needed - General form of Judegment or Order I received the above this morning it read: Upon reading the court file it is ordered that 1. The claim be stayed as it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts. (stylised particulars do not constitute compliance.) The Claimant must amend or substitute its particulars of claim setting out the Claimants case in plain English by (7days) and in default the claim be struck out without further notice. If the above order is complied with the Defendant has persmission to file and serve an amended defence in accordance with CPR 16.5 setting out its case in plain English. 2. This order was made without a hearing. Any party affected by it may apply within 7 days of service for it to be set aside or stayed. I Would really appreciate any advice on this, the particulars i submitted were taken from this site and started (PARTICULARS OF CLAIM) 1. The Claimant [has] [had] an account1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] Have searched throught the threads and have not found anything to help with response. Am happy to write plain english as it comes much more natural than legal speak! just dont want to mess up. Thankyou in advance
  4. At the end of the day are they really going to defend this in court for the sake of £60, i think you made the right decision. good luck!
  5. I have a claim for £1200 being pursued with Halifax. They were quick to supply statements and then offered a quick settlement of £400. This only took 3 weeks, i have declined the offer and am waiting to see whether i have to take them to the small claims court before they take me seriously! Will let you know how i get on .
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