Submitting Court order - Advice needed

leon103

Hello

Making a claim on my OH behave against HSBC. Sent second letter and had nothing back so now going to take it the next step.


Do i just go through to that website (sorry I have forgotton the name and work have blocked all parts of this site apart from the forums :mad: )???

I have seen this letter (below) Do I need to send this? When do I send it?


PARTICULARS OF CLAIM

1. The Claimant [This means you because you are the person claiming the money] held a bank account with the Defendant since [insert date bank account opened or, if closed, dates between which it was held]. Between the dates of [insert dates of first and last charge] the Defendant applied numerous default charges to the Claimant’s account.

2. The charges applied are contrary to the Unfair Terms in Consumer Contracts Regulations. They constitute an unfair penalty under paragraph 1(e) of schedule 2, which states: “a term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the true cost of the breach.

3. Furthermore, under the law of penalties, the charges are unlawful as they are an ‘extravagant’ penalty. Referring back to the case of 1896, Wilson v Love, a charge is a penalty if it does not relate to the true cost of an item.

4. Despite numerous written requests made by the Claimant to the Defendant the Defendant has failed to pay the said sum.

4. As outlined in the County Courts Act 1984, the claimant is entitled to interest at the rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of [insert amount of interest], continuing to accrue at the statutory rate until judgment or earlier payment, the daily rate being 0.021%.

5. The claimant therefore asks the court to enter judgment in their favour for the sum of [insert total charges] plus interest, amounting to a total of [insert total charges plus interest].



Sorry if this has been asked before, but want to move on with this claim.

leon103

Sorry to reply to my own post but just came across this

http://forums.moneysavingexpert.com/showthread.html?t=308424

I talks about the same site and letter I was going to submit.

Are there any alternatives out there?

nickmack

The CAG site forums has shortened text for MCO. You need to register to read it.

leon103

nickmack wrote:

The CAG site forums has shortened text for MCO. You need to register to read it.

Thanks

I will take a look. Unfortunately my work have blocked access to that site.