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wrongly worded claim?


silversmith
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Hi everyone.

New to CAG and didn't research enough before making claim against Barclays. Would be very grateful for advice re what to do about possibly wrongly worded claim. Claim relates to charges on personal current account and sole trader business current account (both accounts since closed), and reads:

"Between the dates of ... and ...the Defendant aplied a number of default charges to the Claimant's bank accounts. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts regulations 1999 which state 'A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation.' Under the law of penalties the charges are an unlawful 'extravagant' penalty. Under the case of Wilson v Love 1896 a charge is a penalty if it does not reflect an item's true cost." (Goes on to claim interest)

 

The details of the accounts were supplied to Barclays in correspondence before making the claim so they do know that I am including my business account, although the court does not know yet as I didn't supply any details with my claim (made through MCOL). I now gather from reading further that a differently worded claim is needed for business accounts and so do I need to scrap the claim and start again, or can I somehow add some different wording to make it clear that I am also claiming for business charges. If so how do I do that? Am currently at the stage of claim transferred to local County Court and awaiting directions by District Judge (allocation questionnaire dispensed with by Northampton District Judge).

All advice very gratefully received!

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