sample filling of claim

[Riccardo]

any sample fillings of summary cause claims on site

sure i found it before but not when i need it.

sorry

[donaldtramp]

I used the one above in the Scottish Procedure post.

 

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

 

I just edited my details to suit and entered them into the form. The sheriff's clerk checked it over and said that it was fine. so I'd do that.

 

DT

 

By the way typing it in is a bit of a pain so you could try copying this and pasting it in to the form(Check my spelling though!!!) I had to do it twice and cunningly copied and pasted the wording into a word document.

 

 

The Claimant, XXX, has held a bank account with the defendant since on or before XX/XX/XXXX the account number being 12345678. The defendant deducted from the account various amounts of money in penalty charges during the period XX/XX/XXXX to XX/XX/XXXX These charges were in respect of "charges as notified" (levied if a cheque or direct debit payment was returned unpaid because the specified overdraft limit had been exceeded)

The Claimant contends that these charges were legally unenforceable and the Claimant is demanding the repayment of these monies due (Copies of correspondence can be provided)

No admissions are made by the Claimant as to the incorporation of any term into the contract between the claimant and the defendant purporting to entitle the defendant to levy these charges. If the defendant is able to establish that the contract did contain such items, the Claimant will contend that these charges are unenforceable at law, being penalty charges designed to penalise the claimant for a breach of contract and generate profit for the defendant rather than being liquidated damages designed to compensate the defendant for the actual loss occurring to the defendant as a result of the breach.

The Claimant claims from the defendant a sum equivalent to the amount unlawfully debited to the Claimants account in the period from XX/XX/XXXX to XX/XX/XXXX. These sums are detailed in the attached schedule.

The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

The Defender has a branch in (YOUR AREA HERE) therefore it is under the jurisdiction of this Court.