I have put this on my main Abbey thread because they have asked for my case to be struck out because of the above. But I have posted here so we can discuss the wording of |the POC as to whether something needs to be added regarding the interest. Now, this calls into question the POC's we are submitting ( I think). CPR 16.4 ( in relation to interest) states If the claimant is seeking interest he must – (a)state whether he is doing so – (i)under the terms of a contract; (ii)under an enactment and if so which; or (iii)on some other basis and if so what that basis is; and Now, as far as I am aware, no body quotes any kind of enactment or basis on the POC as to why they are claiming interest. Does this mean that we need to have a re-look at the POC? ( depending of course if my claim gets struck out) Or.. does this only apply to S69 interest and not o/d interest on charges? Cos if my case does get struck out under 16.4, this will have a far reaching effect on all claims that are claiming o/d interest. I know that all claims have been settled in the past, but is this something that has been overlooked?

have to go now. Will be back @ 9.30 in the morning. ( works PC) Have a great evening everyone. Thanks for your help

Karne, There is no AQ to send in. There has been no defence entered. It should have been in a week ago The Court has told me to wait for the banks reply

Karne Tried to put s/sheet on here before but can't do it. I took vamps complex s/sheet. On the left hand side I entered the date/ what the charge was for and then the amount. The spready then totals it all up. On the R/H side , I entered the date/amountof interest charged and then the balance. On a Neg balance, the s/sheet then calculates how much interest refers to the charges. So, I might have been charged £39 but the s/sheet will calculate the interest that relates to the charge is £0.98 or something like that.

The Ex Parte is the application from the bank to strike out. I canot see it because it is Ex Parte. I have had nothing from the courts because the judge has sent my POC to the sol's asking if they still want to apply for the strike out. Until they reply, the court cannot do or send me anything The thing that worries me is - I haven't put on the POC what rule/regulation/law /statute that allows me to claim o/d interest on charges

Thanks Lula The interest on the charges is calculated @ 8% on Vamps s/sheet. I simply put in the date, the interest and the balance, the s/sheet then calculates the interest on the charges. Then I have the charges + o/d interest on the charges + 8% S69. I think they are asking for the law or statute that says I can claim the o/d interest on the charges, and I have searched and searched but cannot find anything

Having glamced briefly at your POC's I cant see anything wrong with it, you are not claiming CI and only S69 interest, it is probably a try on by shabbey, I take it you have sent them your spreadsheet Lula I am claiming for O/D interest on the charges as calculated by the s/sheet + 8% S69 on both the charges and the o/d interest on the charges

Surely, I have got a chance to reply if I am wrong don't I?

Karne It was sent ex perte so I didn't get a look in, the lady from the court told me. The judge has sent my POC to the solicitors asking if they still want to go ahead with the application, but no time limit on their reply! My POC is as follows: IN THE BIF COUNTY COURT BETWEEN - CLAIMANT And - DEFENDANT PARTICULARS OF CLAIM 1. The Claimant had an account, number xxxx, sort code xxxxx, ("the Account") with the Defendant. 2. During the period in which the Account had been operating the Defendant had automatically debited 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 debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs 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 i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and; iii) the common law and Case Law relating to liquidated damages and penalties in contracts. c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982. 6. Accordingly the Claimant claims: a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £xxxx and interest charged thereon of £xxxx as detailed in the attached Schedule. Total £xxxxxx . b) Court costs £xxxxx c) Interest pursuant to section 69 County Courts Act 1984 of £ xxxxx d) Interest pursuant to section 69 County Courts Act 1984 from the date of the claim until the date of judgement/settlement at a daily rate of £ xxxxx STATEMENT OF TRUTH I believe that the contents of these particulars of claim are true

Don't know Bong, the application was sent Ex Parte so I never got a sniff at it. Just rang the court to see what was going on and one of the ladys there told me. Her exact words were: They have applied to have the case struck out under CPR16.4. The judge has sent a copy of my POC to them asking them if they still want to continue with the application. They are also asking for costs for preparing the case. No defence has been submitted which was due 1 week ago. The judge has not even given them a time limit to reply.

Abbey have applied to the court to have me claim struck out under the rule below Application to be struck out!!!! Under CPR 16.4 I imagine that this is the interest part of the claim. I used Vampires complex spready that calculates o/d interest on charges automatically . The POC I used is below, the CPR is here: If the claimant is seeking interest he must – (a)state whether he is doing so – (i)under the terms of a contract; (ii)under an enactment and if so which; or (iii)on some other basis and if so what that basis is; and (b)if the claim is for a specified amount of money, state – (i)the percentage rate at which interest is claimed; (ii)the date from which it is claimed; (iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued; (iv)the total amount of interest claimed to the date of calculation; and (v)the daily rate at which interest accrues after that date. Which interest does it refer to? The interest on charges or S69 interest? I have claimed for both interest This is the POC IN THE BIF COUNTY COURT BETWEEN - CLAIMANT And - DEFENDANT PARTICULARS OF CLAIM 1. The Claimant has an account, number xxxx, sort code xxxxx, ("the Account") with the Defendant. 2. During the period in which the Account had been operating the Defendant had automatically debited 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 debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs 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 i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and; iii) the common law and Case Law relating to liquidated damages and penalties in contracts. c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982. 6. Accordingly the Claimant claims: a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £xxxx and interest charged thereon of £xxxx as detailed in the attached Schedule. Total £xxxxxx . b) Court costs £xxxxx c) Interest pursuant to section 69 County Courts Act 1984 of £ xxxxx d) Interest pursuant to section 69 County Courts Act 1984 from the date of the claim until the date of judgement/settlement at a daily rate of £ xxxxx STATEMENT OF TRUTH I believe that the contents of these particulars of claim are true

Abbey have applied to the court to have me claim struck out under the rule below Application to be struck out!!!! Under CPR 16.4 I imagine that this is the interest part of the claim. I used Vampires complex spready that calculates o/d interest on charges automatically . The POC I used is below, the CPR is here: If the claimant is seeking interest he must – (a)state whether he is doing so – (i)under the terms of a contract; (ii)under an enactment and if so which; or (iii)on some other basis and if so what that basis is; and (b)if the claim is for a specified amount of money, state – (i)the percentage rate at which interest is claimed; (ii)the date from which it is claimed; (iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued; (iv)the total amount of interest claimed to the date of calculation; and (v)the daily rate at which interest accrues after that date. Which interest does it refer to? The interest on charges or S69 interest? I have claimed for both interest This is the POC IN THE BIF COUNTY COURT BETWEEN - CLAIMANT And - DEFENDANT PARTICULARS OF CLAIM 1. The Claimant has an account, number xxxx, sort code xxxxx, ("the Account") with the Defendant. 2. During the period in which the Account had been operating the Defendant had automatically debited 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 debited in accordance with the terms of the contract between itself and the Claimant. 3. A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim. 4. The Claimant contends that: a) The charges debited to the Account are punitive in nature; are not genuine pre-estimates of costs 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 i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and; iii) the common law and Case Law relating to liquidated damages and penalties in contracts. c) To the extent that it is found that the Defendant’s charges are for the provision of banking services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982. 6. Accordingly the Claimant claims: a) the return of the amounts debited to the Claimant’s account in respect of charges in the sum of £xxxx and interest charged thereon of £xxxx as detailed in the attached Schedule. Total £xxxxxx . b) Court costs £xxxxx c) Interest pursuant to section 69 County Courts Act 1984 of £ xxxxx d) Interest pursuant to section 69 County Courts Act 1984 from the date of the claim until the date of judgement/settlement at a daily rate of £ xxxxx STATEMENT OF TRUTH I believe that the contents of these particulars of claim are true

Application to be struck out!!!! Under CPR 16.4 I imagine that this is the interest part of the claim. I used Vampires complex spready that calculates o/d interest on charges automatically . The POC I used is above, the CPR is here: If the claimant is seeking interest he must – (a)state whether he is doing so – (i)under the terms of a contract; (ii)under an enactment and if so which; or (iii)on some other basis and if so what that basis is; and (b)if the claim is for a specified amount of money, state – (i)the percentage rate at which interest is claimed; (ii)the date from which it is claimed; (iii)the date to which it is calculated, which must not be later than the date on which the claim form is issued; (iv)the total amount of interest claimed to the date of calculation; and (v)the daily rate at which interest accrues after that date. Which interest does it refer to? The interest on charges or S69 interest? I have claimed for both interest

Seems to be a lot of threads starting recently advertising these companies. Very strange !! ............. or .............

They were only set up in Aug last year. Presumably to reclaim charges. Start the process yourself. With the help on here it is much easier than ringing ambulance chasing companies. WebCHeck - Select and Access Company Information

Those silly false glasses, nose and moustache masks. Moritz, John

I think you have missed a 'U' out after the D

Is piling up all over the place because of fortnightly collections. But did you know that according to the Public health Act 1875 the local authority MUST empty the rubbish ( which must be put into a movable recepticle) every week. Failure to do so can result in a charge to the council ( not sure who from) for every day the bin is not emptied. Tried to google the Act but to no avail. Apparently it has not been supersceded by any other Act.

'onest Guv Wud I lie to you?

Sorry, I just bought a paper as someone told me about it.

Q: Can I reclaim late payment charges from storecards? If so, how does this differ from bank charges? A:You are entitled to reclaim these charges provided they were before April 2006. This is when the OFT's ruling on credit card charges came into effect. The same law applies for these as it does for o/d charges EXPERT ??????????

OK thanks I'll pick the bones out of it.

but I think that a skeleton argument might be of use, Sorry, what do you mean by that? Do I have to Fibia to the Court?

Hope you've put a good word in for the rest of us too! Of course I have- she's giving me 5 straws as well!!

TAKE NOTICE that the hearing will take place on 21 May @10.50am at the County Court When you should attend 10mins has been allowed for the hearing Please Note; This case may be released to another Judge possibly at a different court. That's it!