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small claims court- contractural interest claim?

The bank has charged contractural interest on my account for any overdraft incurred as a result of their unlawful bank charges. Am I able to claim this back also, since the charge that made me overdrawn was in itself unlawful????
The reason for the question is this... I am trying to claim interest on the charges imposed upon myself at the same rate I was expected to pay them ( Lloyds TSB ( nasty people)) and I am trying to fill in the small claims court form. The form itself only entitles me to claim 8% when my real loss due to contractural interest is nearer 28%. If this is lawful to claim then how do I fill in the form on the net? :confused:

Comments

  • lindilou39
    lindilou39 Posts: 927 Forumite
    gutbucket wrote: »
    The bank has charged contractural interest on my account for any overdraft incurred as a result of their unlawful bank charges. Am I able to claim this back also, since the charge that made me overdrawn was in itself unlawful????
    The reason for the question is this... I am trying to claim interest on the charges imposed upon myself at the same rate I was expected to pay them ( Lloyds TSB ( nasty people)) and I am trying to fill in the small claims court form. The form itself only entitles me to claim 8% when my real loss due to contractural interest is nearer 28%. If this is lawful to claim then how do I fill in the form on the net? :confused:
    you cannot claim contractual interest...

    Lin
  • I heard that this was possible as it was a real incurred charge imposed by the bank in the first instance, and should be liable to collection...
    Thanks for the reply though
  • lindilou39
    lindilou39 Posts: 927 Forumite
    gutbucket wrote: »
    I heard that this was possible as it was a real incurred charge imposed by the bank in the first instance, and should be liable to collection...
    Thanks for the reply though
    you can apply for part of the interest on contractual provided it isnt your spending that has caused the unauthorised borrowing this is very difficult to work out though and you have to be absolutely accurate.

    Lin
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