Sample Particulars too Long for Moneyclaim

FIlland

I've just submitted my claim on the moneyclaim website, and used the sample template of what to write that Martin has on this week's updated 'how to' page. I ran into a bit of difficulty - the moneyclaim site will only let you type in 1080 characters and no more than 24 lines. The text supplied in the sample letter listed on this site is quite a bit longer than this, so I've had to take bits out and abbreviate items. I hope that it's okay and that I haven't omitted anything important - time will tell...

Martin, would it be possible to post a revised version of this text containing all important points to make it easier for others in the future?

Fiona Illand

chuckles1066

FIlland wrote:

I've just submitted my claim on the moneyclaim website, and used the sample template of what to write that Martin has on this week's updated 'how to' page. I ran into a bit of difficulty - the moneyclaim site will only let you type in 1080 characters and no more than 24 lines. The text supplied in the sample letter listed on this site is quite a bit longer than this, so I've had to take bits out and abbreviate items. I hope that it's okay and that I haven't omitted anything important - time will tell...

Martin, would it be possible to post a revised version of this text containing all important points to make it easier for others in the future?

Fiona Illand

This is the main drawback of using MoneyClaim; unscrupulous defence lawyers, as a matter of course, take advantage of this and will invariably ask the District Judge assigned to your case to strike out your claim for "inadequate Particulars Of Claim".

giftbouquets

Hi FiLland
I have just just completed Money Claim form and had the same problem. I also edited it and hopefully did not remove anything vital!!!
Good luck with your claim.

Hubert_Dalrymple

chuckles1066 wrote:

This is the main drawback of using MoneyClaim; unscrupulous defence lawyers, as a matter of course, take advantage of this and will invariably ask the District Judge assigned to your case to strike out your claim for "inadequate Particulars Of Claim".

But in my experience, DJs are exceedingly lenient with litigants in person, particularly on the small claims track. I've lost cases to litigants in person for causes of action they had never raised until the hearing itself!!!

DJs are getting used to moneyclaim online and its limited space now and I would be extremely surprised if you got into difficulties because of it.

chuckles1066

Hubert_Dalrymple wrote:

But in my experience, DJs are exceedingly lenient with litigants in person, particularly on the small claims track. I've lost cases to litigants in person for causes of action they had never raised until the hearing itself!!!

DJs are getting used to moneyclaim online and its limited space now and I would be extremely surprised if you got into difficulties because of it.

Hmmm, but this request gets made at a very early stage, long before a hearing date has been established.

I got an Order from the Court stating that my claim would be struck out for being "inadequate" unless I provided more information within 14 days; if I'd done nothing, I'd have lost there and then. It's a failing on the MoneyClaim route that does need addressing.

As it happened, it actually worked in my favour because I submitted two pages of A4 sized paper full of numbered paragraphs outlining my case in much more detail than I could otherwise have managed via MoneyClaim

Even the District Judge in summing up commented on how professional and persuasive my Statement Of Case had been

drewster_2

The template provided on this site has too many words, so it won't let me use it on the Moneyclaim website...

...has anybody got a shortened version that they have successfully used?

Would be much appreciated! Thanks...

Rex_Mundi

Over at https://www.consumeractiongroup.co.uk they have a shortened version for claims made online.

drewster_2

Still having trouble.

Found the text below at http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html but it's still showing as 1754 characters, way over the 1080 that I'm allowed?!

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]
2. During the period in which the Account [has been] [was] 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 Contract 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 £ 3 and any interest charged thereon;
b) Court costs;
c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.
I believe that the contents of these particulars of claim are true
Signed:
Date:

Rex_Mundi

That's the hard copy (form N1) version. The moneyclaim version is.......

1. The Claimant has an account XXXXXXXX with the Defendant, opened DATE. Since DATE 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.

From THIS THREAD

dixie06

Hi, I asked the same question over on bankchargeshell and have used this from someone who had had his claim sucessfully settled before court (I am still waiting 2 weeks to go!!). Good luck with it:

I held a current account (Acct No.) with the defendant since (date) until (date). Between (date) and (date) the defendant made various deductions from the account in respect of: (list type of charge i.e. returned cheque, etc) . If the defendant is able to establish that the contract between the claimant and the defendant did contain terms purporting to entitle the defendant to levy these charges, the claimant will contend that they are unenforceable at common law, being penalty clauses rather than liquidated damages clauses.

I claim from the defendant a sum equivalent to the total amount unlawfully debited from my account during the above mentioned period, being £..... I also claim interest pursuant to s69 of the County Court Act 1984 at the rate of 8% per annum, being the sum of £...... I also claim the court fee of £120.00.

It is requested that these sums are repaid in full to the claimant by cheque.

Bendigo

I used Rex Mundi's version above and it still comes up

WARNING: Claim Particulars: This information is required and must be no more than 24 lines or 1080 characters. The following characters cannot be used < > & "



with 1079 letters !!!


Help !!!!!