Help needed please guys :(

[nikki6780]

just been reading the guide and step by step instructions to filing the claim with moneyclaim and am wondering whether the particulars of claim bit (I posted earlier) is the wrong one to use on the online form, should I use this one instead -

IN THE ANYWHERE COUNTY COURT

 

BETWEEN

 

JOE BLOGGS CLAIMANT

 

And

 

GRABBBIT BANK LTD DEFENDANT

 

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

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. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

b) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

If it is what does this bit mean 3. A list of the charges applied is attached to these particulars of claim.?

I have no list of charges, just my statements and spreadsheet of interest debited, I'm starting to think I'm doing this all wrong, can someone help and I can email them my spreadsheet please?

 

Thanks

Off to bed now

Night night

Nikki xx

[khalid302]

Hi Nikki,

 

Have you put the charges into the spread sheet provided by this forum. If not do that and write the following into particulars in claim section on moneyclaim site.

 

I have a contract with the defendant which is conducted on their standard terms and conditions. I 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 those charges. Halifax charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contract) 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 their charges but they have declined to do so.

I claim also interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (first charge date) to (last charge date) of (interest amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.06

Amend with your details Hope this helps

Khalid

[khalid302]

I got confused with that too when I did it, that is only used when filing a with the N1 form.

[nikki6780]

Thanks for that khalid302, what is an N1 form used for? So I only need to make a list of my charges on the spreadsheet if using the N1 form?? My friend did the interest spreadsheet for me but it is only the interest debited from my account due to the charges -

 

In Respect of: Amount Date Incurred Days since offence Interest 8% APR

Interest debited £0.08 01/08/2002 1469 £0.03

Interest debited £0.02 30/09/2002 1409 £0.01

Interest debited £0.03 31/01/2003 1286 £0.01

Interest debited £0.04 28/02/2003 1258 £0.01

Interest debited £0.63 30/04/2003 1197 £0.17

Interest debited £1.34 30/04/2003 1197 £0.35

Interest debited £0.66 30/04/2003 1197 £0.17

Interest debited £0.66 30/09/2003 1044 £0.15

Interest debited £0.37 31/10/2003 1013 £0.08

Interest debited £4.82 31/10/2003 1013 £1.07

Interest debited £0.30 30/11/2003 983 £0.06

Interest debited £0.02 26/12/2003 957 £0.00

Interest debited £0.07 31/12/2003 952 £0.01

Interest debited £0.07 29/02/2004 892 £0.01

Interest debited £0.15 30/04/2004 831 £0.03

Interest debited £0.06 30/04/2006 101 £0.00

 

 

 

 

 

 

 

 

 

 

 

 

Total £9.32

Interest Total £2.18

 

 

 

 

 

 

 

Grand Total £11.50 Should she have done this? Or should it be a list of the charges?

 

Thankyou so much for your help khalid302

 

Nikki xx

[nikki6780]

Hi Guys

All sorted now thanks, phew! Was worried, the interest part was rather confusing!

Will keep you updated, going to submit my claim to moneyclaim.gov now

Thanks again all

Nikki

[nikki6780]

Hi guys

How is everyone getting on with this?

I am ready to submit my claim to moneyclaim.gov.uk, how does it work? Do I need to submit and wait for them to contact me? Will they ask me to send them my spreadsheet of charges etc?

I just tried to submit but it is saying error cannot submit due to technical error please try again later, is that because it's a weekend do you think?

How long before you hear from them? And does anybody know how long before you get a result?

Thanks guys, you've all been great

Nikki

[englishrose]

Hi Nikki

I have completed two on moneyclaim and one was at midnight so dont think its because its a weekend, i would just try again. The hardest part i found was putting the words in 24 lines or less.

Once it goes through, the next working day if you check on the site it will say that claim has been accepted. Usually the next day you get a notification of issue through the post from the courts. Telling you when the defendant has to to reply by. You dont need to send anythng at this point. I never had to send anything with FD. Have one in with halifax now, got notification other day. So just counting the days down. Hope this helps good luck

[nikki6780]

Hi Englishrose

Thanks for your help, when do you pay the fee?

 

Thanks again

Nikki

[englishrose]

You pay the feel when you submit.

 

engilshrose

[nikki6780]

Ok thanks, great help

 

Nikki