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Delly v lloyds account charge advice


dellydaisy
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Hi im claiming for a friend and we,ve just completed and filled in the court allocation questionnaire stage

 

However ive realised after ive done this that part of the claim is about £40 of account charges that lloyds charge you for having the account can we carry on claiming these if not how do i alter it??

 

 

Thanks really appreciate it delly xx

Halifax cc Won settled in full after moneyclaim.

 

 

MBNA WON SETTLED IN FULL....

 

 

IKEA Data Protection Act sent 12/7/06 prelim sent 11/08/2006 gone to moneyclaim Ikea said they,d pay up but have yet to see the money

 

 

Halifax current Won!!!!!!!!!!!!

 

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Hi realised that i need to complete the N244 form Any idea on wording other than i *****ed it up and cant claim account fees

Halifax cc Won settled in full after moneyclaim.

 

 

MBNA WON SETTLED IN FULL....

 

 

IKEA Data Protection Act sent 12/7/06 prelim sent 11/08/2006 gone to moneyclaim Ikea said they,d pay up but have yet to see the money

 

 

Halifax current Won!!!!!!!!!!!!

 

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Share on other sites

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:

I have become aware of errors in the schedule of charges in my Particulars of Claim and therefore there is a decrease in the value of my claim

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed particulars of claim, amended to include a new schedule of charges claimed in respect of penalty charges levied by the defendant, which reflects the decrease in my claim

 

 

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.

 

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Thanks so much michael i really appreciate it panic over!!!

Halifax cc Won settled in full after moneyclaim.

 

 

MBNA WON SETTLED IN FULL....

 

 

IKEA Data Protection Act sent 12/7/06 prelim sent 11/08/2006 gone to moneyclaim Ikea said they,d pay up but have yet to see the money

 

 

Halifax current Won!!!!!!!!!!!!

 

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