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Court Proceedings
Seh1985
Posts: 54 Forumite
Hi im trying to claim back my bank charges with HSBC, i started court proceedings with money claim and the bank are defending the claim, does any one know what happens next, im not to clued up with the legal system!!!
this is what i put as my claim particulars
Between 17/02/02 and 20/03/06 the Defendant
applied numerous default charges to the
Claimants bank account.It is understood the
Defendant contends the charges were debited
in accordance with its contract. The charges
applied are an unfair penalty under the
Unfair Terms in Consumer Contracts
Regulations which state: A term is unfair if
it requires any consumer who fails his
obligation to pay a disproportionately high
sum in compensation.The amount charged
doesnt reflect the cost of the breach.Under
the law of penalties the charges are an
unlawful ?extravagant? penalty.A charge
is a penalty if it doesnt reflect an items
true cost.Under the County Courts Act 1984
the claimant is entitled to interest at a
rate of 8% per annum from the date they were
first deprived of the money. This totals
£415.85 continuing to accrue at the
statutory daily rate of 0.021% until
judgment or earlier payment.The Claimant
therefore asks thecourt to enter judgment
in their favour.
(more or less what martin had put in his claim particulars) have i said anything wrong to make the bank defend itself or an i just bein paranoid!?
Please help!!!
this is what i put as my claim particulars
Between 17/02/02 and 20/03/06 the Defendant
applied numerous default charges to the
Claimants bank account.It is understood the
Defendant contends the charges were debited
in accordance with its contract. The charges
applied are an unfair penalty under the
Unfair Terms in Consumer Contracts
Regulations which state: A term is unfair if
it requires any consumer who fails his
obligation to pay a disproportionately high
sum in compensation.The amount charged
doesnt reflect the cost of the breach.Under
the law of penalties the charges are an
unlawful ?extravagant? penalty.A charge
is a penalty if it doesnt reflect an items
true cost.Under the County Courts Act 1984
the claimant is entitled to interest at a
rate of 8% per annum from the date they were
first deprived of the money. This totals
£415.85 continuing to accrue at the
statutory daily rate of 0.021% until
judgment or earlier payment.The Claimant
therefore asks thecourt to enter judgment
in their favour.
(more or less what martin had put in his claim particulars) have i said anything wrong to make the bank defend itself or an i just bein paranoid!?
Please help!!!
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