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Claim amendment as per article


MrDinkle
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Hi There,

 

I currently have a claim in against Barclays which was stayed (stay was granted a day or so before).

 

I just read this:

 

http://www.consumeractiongroup.co.uk/resources/templates-library/48-bank-templates/600-you-must-amend-your-claim-from-penalties-to-utccr

 

I am a bit confused at whether I need to amend mine and which document I base the decision on?!

 

Is it the 'Particulars of Claim' from the MCOL form? If so, mine reads thusly:

 

The Claimant has an account xxxxxxxx with the

Defendant. Since xx/xx/xxxx the Defendant

debited charges and interest in respect of

purported breaches of contract.Defendant is

aware of all details as a list of charges has

already been supplied. Claimant contends: The

charges exceed the Defendant's losses caused

by the breaches; 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.

Claimant claims: return of the amounts

debited of £xxx; Interest per S.69 County

Courts Act 1984 of 8% - £xx.xx continuing at

8% until judgment or settlement at a daily

rate of £0.xx; 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. Costs allowed by the

Court.

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That's fine. As long as your POC refers to enforceability of charges under the UTCCR.

Now you need to go back and check that you have reclaimed all of the interest which you have paid on your charges as well.

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