artrex
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okay heres the particulars of claim bit i have written so far; what is the correct way complete this online ? ----- Money claim for return of penalty charges applied to the Claimants bank account by the Defendant. Charges £240.00 Interest under s.69 County Courts Act 1984 £29.40 Court Fee £30.00 TOTAL £ 299.40 Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx **??** per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] **??** OR at such rate and for such periods as the court deems just. PARTICULARS OF CLAIM 1. The Claimant has an account ***/********* ("the Account") with the Defendant which was opened on or around **/**/**. 2. During the period in which the Account has been 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 Terms in Consumer Contracts Regulations (1999) and the common law. 5. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 240.00 and any interest charged thereon; b) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] **multiple dates ??** to 04/08/2007 of £240 **multiple ammounts ??** and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest] **??** I believe that the contents of these particulars of claim are true. ------ this is giving me a dirty great headache and i really dont want to bungle this one :/ how should this be completed correctly ?
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Hi, somewhat late here getting back on the case with this...just got back from hols. will be finishing off moneyclaim.gov.uk thingy tommorow .. tho some of the details that need filling in & copying across from the templates are a little too vague for my liking ..wanting to be 100% sure i filled this out right ..so any advice welcome. ...right ..nite !
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was recorded delivery.. which is why i quoted a 'received' date so.. its from the received date listed above ...okis well, the reason being that i am going away on holiday for two weeks close to when the time for the second letter would expire. which is going to make things interesting... so trying to make sure i collect and respond to as much correspondance as i can ..before i go away.
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Hi, i am about to file a DPA subject access request with the nationwide, with regards to a flex account i hold. I'm guessing i probably encurred £200-400 in charges from a whole lot of messups over direct debits from o2 ..and my oh my thats a story in itself ! I'm having a little trouble filtering out the stuff i really need to read in relation to making my claim on this site ..theres just too many apparently miscilainious posts obscuring the vital information. Can anyone point me quickly to the bits i need to know ? ...and maybe someone could clear up this situation overall ? ta. btw, I hear word of peoples accounts being suspended upon proceeding with a claim ? ..im thinking of opening a second flex account and transferring all payments and debts over to this account instead. am i right in thinking that this new account will be immune from action on the other ? ..given that im not currently in breach of having not paid any new 'fees' to them. Thing is, i'm fairly happy with the service they have offered me so far.. i'm just not happy with their charges & thats what im disputing ..so unless its totally nessursary ..i'll be staying with them
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