Raising a claim

[kirstmcc]

Hi

 

I have looked at other sections but wasn't able to find the answer, is there anywhere that will provide information about filling in the paperwork for submitting my claim.

 

I have send two letters requesting my charges back, and the deadline for a response is the 19th April, and i wanted to start puttin my claim together as i have a feeling they won't refund the charges, althought they did refund the latest 2 which came to £50.

 

Any advice is gratefully received!!

Thanks

Kirsty

[Janet-M]

It is in the libary

[kirstmcc]

thanks

[kirstmcc]

Hi

 

Sorry to ask again but i live in scotland and the legal info is mainly about english law, would it be worth asking CAB to help me fill in the paperwork?

Thanks

[civicwalker]

When lodging a claim via the MoneyClaim site, can I simply use the "Particulars of Claim" from the Templates Library (i.e. is there enough space etc):

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681

 

Additionally when submitting the claim how should I set out the following charges (including interest)? Basically, I've been charged £288, with £136 subsequently being refunded by A&L after repeated begging.

 

5/7/05 Failed [£310 cheque] Item = £34 (£34 refunded 11/07/05)

8/7/05 Failed [represented £310 cheque] Item = £34 (£17 refunded 11/07/05)

8/7/05 Failed [£306.42] Direct Debit = £34

30/01/2006 Paid Item Charge [overdraft limit exceeded by £50.82] = £25

01/02/2006 Failed [£15.81] Direct Debit = £34 (£34 refunded 10/02/06)

01/02/2006 Failed [£37.98] Direct Debit = £34 (£17 refunded 10/02/06)

01/02/2006 Failed [£24.65] Direct Debit = £34 (£17 refunded 10/02/06)

01/02/2006 Failed [£85.00] Direct Debit = £34 (£17 refunded 10/02/06)

06/03/2006 Unauthorised Overdraft Charge = £25

 

How would I show the calculation on interest on the above

 

Thanks in anticipation of any replies.

[civicwalker]

I have a contract with the Alliance & Leicester Bank ("the Defendant") dated 14th January 2005 which is conducted on their standard terms and conditions. During the period in which my account number 123456 ("the Account") has been operating, the Defendant has debited numerous charges to the Account in respect of purported breaches of contract by myself and also charged interest on the charges once applied. I understand that the Defendant contends that the charges were debited in accordance with the terms of the contract.

 

These charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under 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.

Accordingly, as I have repeatedly asked the Defendant to justify their charges but they have declined to do so, I respectfully claim the return of the amounts debited in respect of charges in the sum of £152.00, Court costs and interest pursuant to section 69 County Courts Act as set out on the following list of charges or at such rate and for such periods as the court deems just plus interest charged thereon:

 

i) 5/7/05 Failed Item [£310 cheque] Charge = £34 (£34 refunded 11/07/05) – Amount Claimed £0

ii) 8/7/05 Failed Item [£310 cheque] Charge = £34 (£17 refunded 11/07/05) - Amount claimed £17 + £1.11 interest @ 8% [297days x 0.00022 x £17]

iii) 8/7/05 Failed Direct Debit [£306.42] Charge = £34 - Amount claimed £34 + £2.22 interest @ 8% [297days x 0.00022 x £34]

iv) 30/1/06 Paid Item Charge [overdraft limit exceeded by £50.82] = £25 – Amount Claimed £25 + £0.50 interest @ 8% [91days x 0.00022 x £25]

v) 1/2/06 Failed Direct Debit [£15.81] = £34 (£34 refunded 10/02/06) – Amount Claimed £0

vi) 1/2/06 Failed Direct Debit [£37.98] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17]

vii) 1/2/06 Failed Direct Debit [£24.65] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17]

viii) 1/2/06 Failed Direct Debit [£85.00] = £34 (£17 refunded 10/02/06) – Amount Claimed £17 + £0.33 interest @ 8% [89days x 0.00022 x £17]

ix) 6/3/06 Unauthorised Overdraft Charge = £25 – Amount Claimed £25 + £0.31 interest @ 8% [56days x 0.00022 x £25]

 

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

[Seminole]

That claim wording is far too long for the moneyclaim site. If you want to say that then you will need to fill in the N1 form and hand it in to a county court. If you do a seach using the words money claim and wording, you should find details of other submisions.

 

I think the juries out on which approach is better. Moneyclaim is quicker but the particulars of claim section is far too short. Going to the court is inconvenient and they may lose your form (as they did with me) but at least you can set out your claim more fully.

[kirstmcc]

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