Ropey vs Mint **WON WITH CONTRACTUAL INTEREST**

[natwesttookmymoney]

Hi, Ropey

 

Yes, I do. I suggested a wording to someone else in a similar situation. I'll have to take a while to find it, though - post again on this thread, and mention my name, if you haven't heard from me within 24 hours.

 

Westy

[natwesttookmymoney]

FOUND IT! It was in the SonofSteven thread. Adapt as appropriate:

 

Here goes:

 

Brief particulars of claim:

 

Repayment of interest on amounts charged by the defendant and debited to an account with the claimant for purported breaches of a contract to supply credit services. The claimant avers that these charges and the interest thereon were levied against him in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

The Claimant claims:

a) the return of the interest of £xxxx charged on amounts debited in respect of charges in the sum of £xxxx

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from (whenever) to (whenever) of £xxxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

 

Full particulars:

 

IN THE TOYTOWN COUNTY COURT

 

BETWEEN

 

SoS4064 CLAIMANT

 

And

 

(Credit Card Co) DEFENDANT

 

 

PARTICULARS OF CLAIM

 

1. The Claimant had an account number xxxxxxxx, ("the Account") with the Defendant which was opened on or around [whenever].

 

2. During the period in which the Account has been operating the Defendant has automatically 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 (“the Schedule”) applied is attached to these Particulars of Claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs 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

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and

iii) the common law relating to liquidated damages and penalties in contracts.

 

5. To the extent that it is found that the Defendant’s charges are for the provision of credit services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. The defendant had, in addition, levied interest on these charges at the rate of XX.XX%.

 

7. The defendant has repaid the charges themselves to the Claimant but has retained the interest it levied thereon.

 

8. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

9. Accordingly the Claimant claims:

 

a) the return of the interest of £xxxxx (amount in words) debited to the Claimant’s account in respect of interest on charges detailed in the attached schedule, in the sum of £xxx (amount in words);

 

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

 

Hope that helps

 

Westy

[natwesttookmymoney]

If only they'd paid the £12 back when I asked.

 

Hi, Ropey

 

First of all,

CONGRATULATIONS!!! Excellent result!

 

Second, what really teed me off was NatWest's behaviour with a cheque I got from the US. It was in US Dollars (not the world's least tradeable currency - rather the opposite), drawn on Citibank, by an established and stable Western government agency. They told me (repeatedly) that it would take between 5&10 days to clear. On the 10th day, I got a letter full of mumbo-jumbo. The upshot was - it was going to take 6 WEEKS!!!!!

 

Had to cancel holiday, got hit with more charges, etc, etc.

 

The amount, when converted to £ Sterling, was £1165. I wonder how much they made on that over the 6 weeks?

 

Anyway, I decided impotent rage wasn't going to do any good - it hadn't in the past - and went looking for a way to gt even. And now I have - and got much, much more than they would have earned through p*ss*ng me off!!

 

I love a happy ending!