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Bank Charges - Particulars of claim


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Hi

I am assisting my step-daughter with her claim for excessive bank charges. Your web site has been of enormous help and all has gone well up to now, using your excellent templates and sample letters.

The bank made an small interim offer part way through the process, but they failed to respond to her acceptance only as part of the overall claim.

A summons was finally issued and the bank's solicitors entered a defence after 28 days - and that is where the problem lies.

It appears that, due to limitations on the amount of typing allowed with the MCOL Court Claim form, 'Particulars of claim', I have not correctly stated the claim and the defence is that there is no recognisable claim agaist the defendant, together with the threat to apply to the Court to strike out the particulars of the claim unless rectified.

Can you or anyone else kindly assist with the wording required to correctly state the 'Particulars of claim' and what legal statutes to refer to, ie. is it sufficient to simply quote S.15, Supply of Goods and Services Act 1982.

It seems that this is an area where I am having difficulty finding information.

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Thanks for rapid response and, Yes, it is Cobbetts.

Further research round the forum has revealed the answers to my difficulties in the form of a properly constructed Particulars of Claim document.

I will ring the Court tomorrow and ask them how to submit the corrected details and how it effects the timings for a new defence submission.

It's all delaying tactics by the solicitors, but we won't let go - thank goodness for this forum and everything that goes with it.

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This is the basics of the details and bye the time all the info was entered on the MCOL form, I seem to recall that I was running out of available text, so it had to be kept brief. My next submission will be much more comprehensive.

 

The claimant claims repayment of unlawful bank charges deducted over a six year period (period stated). The total amount claimed is (detailed). The claimants case reference is (detailed - plus sort code and account number).

The claimant claims interest under section 69 of the CCA 1984 at 8% plus Court fees, etc.

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To amend your claim you need N244 from here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

 

and N1 from here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=844

 

Send N244 + 3 N1 + 3 schedules + £35 fee (unreclaimable) to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court you have done so.

 

N244 AMENDMENT

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

 

Part A

intend to apply for an order that:

amends my particulars of claim

because:

my particulars of claim did not state the statutory provisions on which my claim relies,

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim, amended to include the statutory provisions on which my claim relies, as well as a schedule of the amount claimed in respect of penalty charges levied by the defendant.

 

 

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

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. 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.

6. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX 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.

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Dear Michael

Thank you so much for the guidance. It is all getting a bit complex now, but we will press on. I can't believe the amount of time I am spending on this exercise in which I have no financial interest, only the satisfaction of, hopefully, recovering well in excess of £3000 for a young lady who is now a single parent family with 3 children, who lost her house largely as a result of the bank's punitive charges.

 

I have been trying to handle the case through MCOL at Northampton, up to now, but it now appears that it must revert to manual operations and our County Court is actually Bournemouth, (not remotely near Northampton).

Should I also ask for the matter to be allocated to our local Court at the same time as making our new POC submission or will that be done automatically?

Thanks

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When you say revert to manual operations do you mean the N1? If so then you file this at your local court. Also please can you start your own personal thread in the Natwest forum This will help us to be able to assist you better. Thanks. :)

Ex CAG helper ^_^

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