Help please!!!

[SIrjamescotland]

My claim is for £1201.75. With the 8% it comes to £1297.89. My question is: what amount do I enter in 5A? The amount with the 8% or without?

 

Also, do you have to attach a spreadsheet to the claim?

 

Please let me know!!!

 

 

 

 

 

 

 

 

N THE ANYWHERE COUNTY COURT

 

BETWEEN

 

JOE BLOGGS CLAIMANT

 

And

 

GRABBBIT BANK LTD DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant 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 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 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.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

[SIrjamescotland]

I am so confused with this 8% thing. I thought you just took the amount of charges and multiplyed it by 1.08. But now I'm thinking this is not the case.

 

Can I just leave out the 8% interest and claim for all the charges and save myself a lot of hassle???

 

Please please help!!!

[stephie]

Right, the 8% is worked out for you in the spreadsheets you should have used. Don't try and work it out yourself, it's much easier (and more accurate) to use the spreadsheets as the 8% is added to each individual charge depending on the date it was charged.

As for the court forms, in the particulars you should be stating what you're claiming, eg/ charges and the interest. So you put the charges and then copy and paste the part where the form asks you if you want the interest and add the amount in there.

For the part where it asks you for your costs, eg/ full amount claimed, add it all up, so charges, interest and court costs and put the figure in the total amount claimed box!

[stephie]

Another thing, i think you should be claiming the interest, it adds up to quite a bit. Don't let the banks have it!!!!!

[SIrjamescotland]

Hey. Stephie. Thank you for your response. MY problem is that some of my charges were refunded and part refunded.

 

The spreadsheet does not allow for this. Am I allowed to just claim for all the charges and save myself the headache of trying to work out interest on each individual charge?

[traceyrmj]

yes, it is scary at first but once you get your noggin round it you should not only get back the charges but the interest you ahve paid on those charges ( contractual interest) basically if you are £50 o/d and they charge you £25 you pay £2 interest on that whole o/d amount of £75. what you want back is the £25 and the interest you have paid on it £0.66p ( or whatever it is) claim back the £25.66 and then when you get to court papers, add 8% on top of £25.66, ( approx £27.71 in this ficticious example) which is the s69 interest you are allowed by the courts. on a claim the size of yours if you are in overdraft fairly often you may find the contractual interest alone is around £100 i have a similar ammount with the woolwich y'see. thats your money. get it back

[traceyrmj]

Hey. Stephie. Thank you for your response. MY problem is that some of my charges were refunded and part refunded.

 

The spreadsheet does not allow for this. Am I allowed to just claim for all the charges and save myself the headache of trying to work out interest on each individual charge?

 

if they sent you a list of charges then they will have taken off anythign they have already refunded already. claim the lot