I am sooo Stuck! any advice?

[Vickic83]

Hi all,

Im just filling out on my moneyclaim form and am unsure of what exactly to put in the 'particulars of claim section' and how exactly to word it, I know I've seen things about it on this site before but I cant seem to find anything now, typical Lol! Any help would be great.

Thanks, Vic:oops:

[AWC]

Try this:

 

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:

Notes:

 

Delete words in square brackets if not applicable

 

1. Insert a/c no.

2. Insert Date

3. Insert Sum

[roadrunner]

Hi Vic,

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

This is Jonni2bad's, so you'll have to remember and change it to suit your own claim.

Good Luck

X

[RETURNED TO SENDER]

Try this:

 

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:

Notes:

 

Delete words in square brackets if not applicable

 

1. Insert a/c no.

2. Insert Date

3. Insert Sum

 

Will this letter fit on the online form ?

[AWC]

RETURN TO SENDER: Don't know if it will fit, should do as I took it from this site: http://www.consumeractiongroup.co.uk/index.php?option=com_content&task=view&id=38&Itemid=36

[Vickic83]

Thanks Guys, Its been doing my head in searching for it as I knew I'd seen it before!!

Think my eyes are square from looking at this screen for so long, will tackle the rest tomorrow x

[AWC]

Yey, go for it girl!!!!!

 

We all have to have a drink to celebrate remember!!!

[Vickic83]

I will send the beer token in the post!!!

Also one last issue that needs solving - my life is like a soap honestly!

I got a phone call today asking me to go back to my old job on the 31st of this month (was supposed to be 4th April). It will mean I will be moving around the country for the next 10 weeks (ish). What is the chance that i'm actually going to have to make an appearence in court as I dont want to start this only for it to be thrown out as I couldnt attend on specified dates. I really want to get this claim in asap as I could really do without being in the red (especially as they have now taken my overdraft) but I dont want to ruin my chances!

[AWC]

I would say that the chances of you appearing in court is as likely as Elvis becoming prime minister!

 

Okay, it is possible that you could appear in court, but extremely unlikely, and if you did, then it is usually at a time and date when both parties can attend. As far as I am aware, most of the process is conducted behind closed doors, so don't let it stop you going for your new job!

[Vickic83]

Woohoo! I'm off to pack! Its my old job back! The grass isnt always greener, believe me, thats why I have all this debt!! Cant wait, will sleep soundly tonight. Will keep you updated on the MCOL fun and games x

[AWC]

Yeah, you have good reason to sleep well, you are standing up to the bullies and taking control!

 

It can only get better from now on!

[Vickic83]

Maybe its me being a bit of a thick but just reading jonni2bads particulars of a claim and the final bit says ' cost allowed by the court', can any1 explain, do i have to enter anything here thanks. p.s its been a long day!