Starting money caim

[james141]

Hi all,

 

Using the awful money claim website I have managed to squeeze the following in to the small box they give you;

 

I have a contract with the defendant bank

dated 04/01 which is conducted on their

standard terms account(xxxxxxxx). I

am claiming the return of

money taken by the defendant in the way of

charges over the last 5 years total:£1,408.

The bank's charges are a penalty and

therefore they are contrary to common law.

Further, as apenalty they are invalid under

the Unfair(Contracts)Terms Act 1977 s.4 and

the Unfair Terms in Consumer Contracts

Regulations 1999. Para.8 and sch.2(1)(e).In

the event that the charges are not a

penalty then they are unreasonable within

the meaning of the Supply of Goods and

Services Act 1982 s.15.I have repeatedly

asked the bank to justify or refund their

charges but they have declined. The

claimant claims interest under section 69

of the County Courts Act 1984 at the rate

of 8% a year from 04/01 to 03/04/05 of

£319.80 and also interest at the same rate

up to the date of judgment or earlier

payment at a daily rate of 8%

 

Is this ok? any comments appreciated

[james141]

just changed it slightly:

 

I have a contract with the defendant bank

dated 04/01 which is conducted on their

standard terms account(xxxxxx). I

am claiming the return of

money taken by the defendant in the way of

charges over the last 5 years total:£1,408.

The bank's charges are a penalty and

therefore are contrary to common law.

Further, as a penalty they are invalid under the Unfair(Contracts)Terms Act 1977 s.4 and the Unfair Terms in Consumer Contracts Regulations 1999. Para.8 and sch.2(1)(e).These charges are also unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.I have repeatedly asked the bank to justify or refund their charges but they have declined. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 04/01 to 03/04/05 of £319.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 8%

[Glitterari]

Hi, I was just wondering if you have issued your claim and how you are getting on with it?

 

That is my next stage...Capital One had refunded £60 as a good will gesture after letter number 2, but they have taken about £220 off me in total.

 

Will be interesting to hear how you're getting on...

 

 

Carly

[james141]

Yeah, sorry for the late reply, I have not been on for a while. I have just posted the info in a new thread

[Tinkerbelle]

oooh!!! Mods are gonna slap your wrist

[james141]

This topic was closed on 03/07/19.

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