HELP !! Bank Charges again

deviousdame

hi guys, Im really sorry to bother you with this again as I know the info I'm after is kicking around somewhere I just cant find it :mad:

I'm in the process of filling in my claim on the moneyclaim website and I cant seem to find the template to use for the "particulars of claim" section..

can somebody point me in the right direction please

kind regards
Damian

xlesleyann

Hi

im new to here so still looking through forum. But I think this is what you are looking for, this comes from the consumer action group forum.

This is work in progress

This is not a template - it is a guide to entering your claim into the limited space provided by the Moneyclaim form.


You are entitled to allimited number of character and cetrtain characters are not allowed including & >< / \

Your action is on the grounds that:-
You have a contract with the defendant bank dated XXXX and which is conducted on their standard terms and conditions. You are claiming the return of money taken by the defendant in the way of charges over the last xx years plus the interest they have levied on those charges. The bank's 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 (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.
You have repeatedly asked the bank to justify their charges but they have declined to do so.


Lay out your calculation - don't forget that if the banks have been charging you interest on these charges because you were in overdraft then you should include a figure for this as well.
Do the s.69 county courts act interest statement plus calculate that on the lot incouding on their interest that they have deducted from you.


Or there is this link from consumer forum for Scottish procedure but I would imagine the wording would be the same.

http://www.consumeractiongroup.co.uk/forum/scotland/6165-scottish-procedure.html

Hope this helps.

rog2

deviousdame wrote:

hi guys, Im really sorry to bother you with this again as I know the info I'm after is kicking around somewhere I just cant find it :mad:

I'm in the process of filling in my claim on the moneyclaim website and I cant seem to find the template to use for the "particulars of claim" section..

can somebody point me in the right direction please

kind regards
Damian

Try https://www.consumeractiongroup.co.uk or follow the link on MSE homepage.