ME vs NATWEST + COBBETTS! A Claim going down the pan!!!

[Michael Browne]

PARTICULARS OF CLAIM

1. Between the dates of [insert dates of first and last charge] the Defendant applied numerous default charges to the Claimant’s bank account.

2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of [insert amount of interest], continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

5. The Claimant therefore asks the court to enter judgment in their favour for the sum of [insert total charges] plus interest, amounting to a total of [insert total charges plus interest].

 

Is this what you used as your POC's? Which bits did you leave out?

 

Do I take it you have already submitted the AQ?

[Michael Browne]

I suggest you amend your claim as follows:

 

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, and did not include a schedule of charges

 

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"

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

 

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 S.69 County Courts Act 1984 of 8% as set out on the attached list of charges - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

 

 

For the schedule of charges use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and visual guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

 

Having completed the s/s, save it. You will need to produce one as of the date you filed. So click on the time in your taskbar and reset the date to the date you filed at court. Open the s/s and print off. Reset the date.

 

 

N1 Claims form in .PDF format with form filling

N1 Claims form in .PDF format with form filling

 

N244 - application notice

Form N244 - application notice

[Michael Browne]

I assume you mean on the N1

 

Value:

Bank charges - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

 

 

Amount claimed: Charges (+ Data Protection Act Fee if claimed) - £XXX

Court fees: £XXX

Sols costs; None

 

 

Human Rights: No

[Michael Browne]

It's in your POC's:

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 S.69 County Courts Act 1984 of 8% as set out on the attached list of charges - £xxx [enter interest total at original date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

 

[Michael Browne]

have three copes of the N244 ready to go, 3 scheduals to go

It's 1 N244 + 3 N1 + 3 schedules

 

Is it against the back charges you work out the interest or the total amount, including all court fee?

Just the charges ( no interest, no court fees) x 0.00022

 

eg £495 x 0.00022= £0.11p

[Michael Browne]

Also, within the charges that you list, would you include interest that the bank has charged you over the period that they've been charging you? Do you include the interest of your personal account bank statement, which is a withdrawl from your account?

No.