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bill gates v LLoyds tsb. to be filed monday


hayesharry
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dear all,

please can any one of u check the details of my N1 claim.

i will be fileing this claim on monday.

any sugestions or alteration will be of great help.

In the Uxbridge county court

Bill Gates

999 West Avenue

Hayes

Middx

UB3 2EY

Lloyds TSB Bank PLC

25 Gresham St

London

EC2V 7HN

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

Charges £75.00

Interest under s.69 County Courts Act 1984 £12.80

Court Fee £30.00

 

TOTAL £ 117.80

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £1.42p per day OR at such rate and for such periods as the court deems just.

 

Human rights ......NO

particulars of Claim attached

PARTICULARS OF CLAIM

 

 

1. The Claimant has an account "99999" with the Defendant which was opened on or around 1982.

 

2. During the period in which the Account has been 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 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 £117.80p and any interest charged thereon;

 

b) Court costs;

 

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 9/12/2003 to 30th April, 2007 of £12.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.048%.

 

6. 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).

 

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

 

 

Signed:

Date:

Unpaid SO 11/09/2006 £35.00

o/draft excess fee 09/12/2003 £40.00

=======£75.00

 

 

 

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Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.02p per day OR at such rate and for such periods as the court deems just

 

£12.80 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.02p

2 Daily rate is £75 x 0.00022=£0.02p

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