Jump to content


Registered Users

Change your profile picture
  • Posts

  • Joined

  • Last visited


8 Neutral

Recent Profile Visitors

The recent visitors block is disabled and is not being shown to other users.

  1. Suggested template for particulars of Court claim. This is for a none MCOL court claim (i.e. direct with my local court). Note that this is slightly different from the standard bank claim as its a loan account so the charges are added to the amount owed rather than taken from you directly so the wording is slightly tweaked. Para 1. I only have one remaining account with the SLC so my wording is for that - for those of you with one you'll have to tweak the wording slightly to cover them all. There should be no reason why you don't chunk them all together anyway since SLC do on their letters. Para 5: because the SLC's main office is in Scotland the county court in England will have to consider where the case can be heard (Scotland has a different basis for law) but since we started joining all the EEC institutions the UK had to come up with a way of allowing cross boarder legal disputes to sort this out - for civil law (i.e. not criminal) that is the Civil Jurisdiction and Judgements Act 1982 as amended. The county court will tell you they can't guarantee service as the SLC address is outside their jurisdiction. You can agree to serve the claim against SLC yourself - they issue the claim and then you get two of the copies of the claim form back. One you send to SLC (first class recorded) and the other is for your records. You then write a letter to the court to confirm the date and time the claim was served (you get this by phoning the royal mail recorded number on the back of the orange recorded delivery slip and quoting the reference number). Thats why you need part b of para 5. Some courts will just send it anyway - mine did. Alternatively you could just use the SLC's address in Bristol (the one for their data controller) but I'm not sure how that would play out in court. This is only a suggested template as I am not legally qualified so any changes you want to make are up to you. -------------------------------------------------------------------------------------------------- 1. The Claimant has a [ or number of accounts] student loan account [s] numbered ########### ("the Account") with the Defendant which was opened on or around ##/##/199#. 2. During the period in which the Account has been operating the Defendant applied numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were applied in accordance with the terms of the contract between itself and the Claimant. 3. The Claimant contends that: a) The charges applied to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. b) 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. 4. Accordingly the Claimant claims: a) the return of the amounts applied in respect of charges and interest taken on those charges in the sum of £###.## b) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from the date of each offence to the date this claim is issued in the County Court of £##.## and also interest at the same rate up to the date of judgment or settlement at a daily rate of £#.## 5. With regard to jurisdiction the Claimant contends that: a) The Claimant is a consumer within the meaning of the Civil Jurisdiction and Judgments Act 1982 as amended. The claimant is domiciled within England and Wales and therefore under the Civil Jurisdiction and Judgments Act 1982 as amended, the ######## [insert name of your local county court where you want the case heard here]County Court accordingly has jurisdiction. No proceedings are pending elsewhere between the parties hereto in respect of the subject matter of this action. b) The Claimant shall, upon issue of this claim, be able to serve notice of the claim against the defendant by means of a signed for recorded first class postal delivery, and / or service by transmission of the claim via telephone facsimile to the fax number stated on the Defendant’s headed letters. ---------------------------------------------------------------------------------------------------
  2. Hey no problem. just got my allocation questionaire through for Student Loans Claim. By the way it helps when you get to filing a claim at the court stage if you quote the Civil Jurisdiction and Judegements Act 1982 as amended. This is because the SLC main office is in Scotland and so you want the case heard under English law here in England - I'll add the text of the additional paragraph to a template on the general thread. The Badger
  3. I won my case - Barclays settled up with over 4 weeks to go - Mr Lombardi was going on holiday and wanted his desk clear by the sounds of it! I got £841 off them including - thats all the charges, the interest and the court costs plus a little something for making me send them a 290page court bundle (I figure if your going to do something do it properly!). I went and opened an account with another bank yesterday as I am now out of my overdraft and my bank loan is gone - so next week I'll be taking my account into Barclays and telling them which orifice to insert it into! :0) That just leaves my claims against Barclaycard and the Student Loans Co to go now! The Badger
  4. I settled two weeks ago - my court date was 4th April. They wrote to me and then I argued over the phone till they added something for the Court Bundle I'd sent them that day (all 290 pages!) I'd leave it till they contact you - if all else fails go to court - they can't win and they will probably settle the day before - jsut be sure to let the court know if they do so the session isn't wasted - don't want the judge to think bad of you should you need to bring anything else before the court (like Credit Card etc.) Good luck. The Badger
  5. Hi Mlphw, The address I sent stuff to was the Glasgow address for most of the letters - I just used the data controllers address for my Subject Access Request to get the information out of them on my account etc The Data Controller is the named person under law who must be responsible for the implementation of the Data Protection Act in each company/institution. So I figured that I might as well go to the organ grinder not the monkey as it where. For the general letters (like the initial request for payment and then the Letter Before Action) you can use either but I tend to use the Glasgow address anyway. The Badger
  6. Yeah - £841 paid by barclays. Settled on the day I sent the court bundle - grrr! still got them to up it by the £41 for the inconvenience of the court bundle (all 191 pages of it!) Just Barclaycard and the Student Loans to sort now. I'm a Happy Badger
  7. Just done the pagination and baring any last min letters I have to send my court bundle is 276 pages! 3 copies of that is going to bankrupt me! good job I'm claiming the costs back but still - its really annoying knowing the barstewards are going to settle at the last minute and it'll have been pointless waste of time. grrr... just pay up barclays!
  8. For those not sure about the terms and conditions of their original loan I have included a scan of my Credit agreement with the terms and conditions. Its on the "student loans - general" thread. Hope its useful. The Badger
  9. Zboo - they take it from you wages? IF so your on the new scheme not the old one (i.e. you started your uni degree after Aug 1998) in which case the system is regulated by its own piece of legistlation rather than the Consumer Credit Act 1974 (which the old system is on). I'm on the old so I'm not sure about the new system and how you challenge it - you'd need to look into the law that was used to set it up in 1998. But if you find out then let everyone know. Thanks The Badger
  10. mlphw, Why give them more time? My advice is that if you have sent them in the post and they didn't reply thats their problem. You have copies of the letters for later reference. They can't ignore a court claim without giving you a default win against them. As long as you gave them fair and reasonable oportunity to respond and settle your greivance before resorting to the court then your fine - in these cases thats two letters with 14days notice for each (28days for any company is more than enough to deal with a complaint) Good luck - your ahead of me now as my first letter only went out last week after I found some nasty additions to my account and had to sort that first. The Badger
  11. Ahh online defence = no signature ... Muppet ;o) Made me smile on a monday morning at least.
  12. Might not be legally binding if they haven't signed it. Mine says: "I believe that the facts stated above are true. I am duly authorisedby Barclays Bank PLC to sign this statement on its behalf." If they haven't signed it surely that means that the defence might be a pack of lie and would be inadmisable - also how does the court know that the defence was even written by someone with authority to speak on behalf of Barclays. Ring the court - or better still send a letter to the dictrict Judge at the court with a request that he look at their defence and decide if he will allow it - if not request judgement in your favour to end the case! Worth a try. Good luck
  13. The AQ only includes a court fee if your total claim is over a set value (my claim is for over £700 and didn't require a court fee to be paid when I sent my AQ). Its best to ring the court to check. Hope that helps. The Badger
  14. Cheers Bicester1 Hmm need to add all the letters in as I'm adding the cost of them to my claim.... so the more the merrier - might wait till court ask for it. The Badger
  15. There is a potential draw-back to claiming your costs for letters etc: The bank might decide to claim the same rate for the letters they sent saying "you're account is over your overdraft level etc....." and make the charges your claiming back the same level as your charges to them! Before court you can ignore this, but once you get into court the judge might just think thats reasonable... but its unlikely. Your argument against this would have to be: your a private individual and have to devise and write each letter in full and do all your own calculations. Whereas they are a large company sending out letters much more often and thus the cost of a proforma letter generated by a computer would be considerably less. The time taken for them to write a letter to you is probably only 2seconds - as such the wear and tear, electricity etc. is lower and the volume they are producing means they have an economy of scale for the paper, envelopes etc. But you should consider this before deciding to charge the costs of the letters. Good luck The Badger
  • Create New...