A Point in the Right Direction?

[pjdudley69]

I'm sure I've seen, somewhere on this site, the wording which could be used on the Moneyclaim claim form, which covers the necessary info within the space allowed. Would someone mind pointing me in the right direction, as I can't seem to see for looking! [or was I wrong, and imagined the whole thing??]

 

Cheers

[mechs]

I copied and saved both of the following ... authors my apologies that I did not keep your names so am unable to give you credit.

 

I have a contract with the defendant bank which is conducted on their standard terms and conditions.t am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on these charges.The banks charges are a disproportionate penalty and therefore unenforcable as they are contrary to common Iaw.Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977 s.4and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2(1)(e).In the event that the charges are not a penalty then they are unreasonable within the Supply of Goods and Services Act 1982 s.15.1 have asked the bank to justify charges they have declined to do so.£2141 is the amount owed. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {31/01/2000} to {26/04/2006} of £549.59.There are 49 charges.A breakdown is available.

I have a contract with the defendant bank

dated 1995,and conducted on their standard

terms and conditions. I am claiming return of

money taken by the defendant in way of

charges over the last 6 years and interest

they have levied on the charges. The bank's

charges are disproportionate penalty,therefore

unenforceable as they are contrary to common

law. Further, as a disproportionate penalty

they are invalid under the Unfair (Contracts)

Terms Act 1977 s.4 and under the Unfair Terms

in Consumer Contracts Regulations 1999.

Para.8 and sch.2(1)(e). In the event that the

charges are not a penalty then they are

unreasonable within the meaning of the Supply

of Goods and Services Act 1982 s.15. I have

repeatedly asked the bank to justify

charges but have declined to do so.The

claimant also claims interest under

section 69 of the County Courts Act 1984 at

the rate of 8% a year from 2.1.2001 to

12.5.2006 of £210.10 and interest at the

same rate up to the date of judgment or

earlier payment at a daily rate of 0.31.

[pjdudley69]

That's great, thanks alot Mechs Another question - I know I can claim 8% per day under section 69, which I've calculated on Dave's spreadsheet, but does the 8% stop adding on from the day I put in my claim form, as I assume I'll have to enter a total on the form, or will it keep adding on until the day the bank pays up? In which case, what figure will I need to put on the claim form?

[mechs]

Another question - I know I can claim 8% per day under section 69, which I've calculated on Dave's spreadsheet, but does the 8% stop adding on from the day I put in my claim form, as I assume I'll have to enter a total on the form, or will it keep adding on until the day the bank pays up? In which case, what figure will I need to put on the claim form?

 

:idea: hmmm lets ask a mod or someone who's got back their charges etc., on this question cos I don't have a clue! But I too will need to know the answer

 

Help!!!!

[dave]

Put it in up to the date that you start proceedings.

 

If (in the unlikely event) that it did go to court, you could (and should) ask for the additional interest to be included.

 

Most banks, when they cough, cough with a bit extra to cover this as well.

[pjdudley69]

 

If (in the unlikely event) that it did go to court, you could (and should) ask for the additional interest to be included.

 

QUOTE]

 

Should I state this on my claim form, or wait until whatever happens next? Sorry about all the questions, I've never had any dealings with courts or anything, and I'm getting really nervous now [almost didn't come this far!]. I really appreciate everyones help

[Seminole]

If you look right at the end of the second sample wording in mechs post, you'll see that the accruing daily rate is included as part of the claim.

[pjdudley69]

Fantastic, I think I'm about prepared and confident enough to file my claim now. Thanks guys

[caro]

Good to see you are sticking with it pj. I wouldn't stress too much about it all. Just remember the claims system is there to help people like us After all, I don't think anyone has actually got as far as going to court, and YB are going to realise you are serious about it. Even if they make you wait until the last minute, you know you have got right (and BAG) on your side, so don't let them wear you down. Although I haven't looked at it yet, don't forget that there is a court buddy system on the site.

 

Keep us posted.

[pjdudley69]

This topic was closed on 11 March 2019.

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