starting my mcol, advice would be great!!
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vixtress
Posts: 1,153 Forumite
hi,
i have copied and pasted this from the consumer action group forum, i have not had a reply to my post and thought one of you wonderful mse's might be able to help.
i have never done anything like this befor and really want to get it right.
thanks, v:
well i have completed my mcol for but not yet sent it, i have a couple of points that i would be grateful for advice on:
1, i have no idea of when the accounts were open, it was many years ago so dont even know the year. how important is this?
2, the bit at the end of the particulars re claiming interest at 0.33 per day, is this right
3, obviously with the above bits rectified does this sound ok:
1. The Claimant has accounts, 6098322 and
00187877 with the Defendant, opened ?
2. Since 01/01/00 the Defendant
debited charges and interest in respect of
purported breaches of contract. 3.
Defendant is aware of all details as a list
of charges has already been supplied.
Another copy will be sent. 4. Claimant
contends: (a) The charges exceed the
Defendant's losses caused by the breaches;
(b) The Term permitting the Defendant to
levy such charges is unenforceable under
the Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. 5. Claimant claims:
(a) return of the amounts debited of £3145;
(b) Interest per S.69 County Courts Act
1984 of 8% - £654.16 continuing at 8% until
judgment or settlement at a daily rate of
£0.33; 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. 7. Costs
allowed by the Court.
thanks very much for any help
v
i have copied and pasted this from the consumer action group forum, i have not had a reply to my post and thought one of you wonderful mse's might be able to help.
i have never done anything like this befor and really want to get it right.
thanks, v:
well i have completed my mcol for but not yet sent it, i have a couple of points that i would be grateful for advice on:
1, i have no idea of when the accounts were open, it was many years ago so dont even know the year. how important is this?
2, the bit at the end of the particulars re claiming interest at 0.33 per day, is this right
3, obviously with the above bits rectified does this sound ok:
1. The Claimant has accounts, 6098322 and
00187877 with the Defendant, opened ?
2. Since 01/01/00 the Defendant
debited charges and interest in respect of
purported breaches of contract. 3.
Defendant is aware of all details as a list
of charges has already been supplied.
Another copy will be sent. 4. Claimant
contends: (a) The charges exceed the
Defendant's losses caused by the breaches;
(b) The Term permitting the Defendant to
levy such charges is unenforceable under
the Unfair Terms in Consumer Contracts
Regulations 1999, Unfair Contract Terms Act
1977 and at Common Law. 5. Claimant claims:
(a) return of the amounts debited of £3145;
(b) Interest per S.69 County Courts Act
1984 of 8% - £654.16 continuing at 8% until
judgment or settlement at a daily rate of
£0.33; 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. 7. Costs
allowed by the Court.
thanks very much for any help
v
- prior planning prevents poor performance!
May Grocery challenge £150 136/150
May Grocery challenge £150 136/150
0
Comments
-
1, Just change the first bit to...........
1. The Claimant has accounts, 6098322 and
00187877 with the Defendant
2, The daily interest at 8% on £3145 is 69pence a day not 33p.How many surrealists does it take to change a lightbulb?
...
...
...
...
Fish0 -
thanks for that.
so you dont think its important to put when the account was opened?
sorry if its really obvious but how is the daily % figure worked out
thanks again :T- prior planning prevents poor performance!
May Grocery challenge £150 136/1500 -
scrap the daily % question i have just worked it out, doh:o- prior planning prevents poor performance!
May Grocery challenge £150 136/1500
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