This is what I put on the form. Just wondered if bankfodder could confirm that its ok as he suggested where to research. I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law. Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment plus all costs incurred. I have asked the bank to justify their charges but they have declined to do so thanks.

Can you let me know if my claim seems OK please?

can anyone reassure me that what I've done is OK please?

Thanks Alan. The amount of fee was correct, but I hadn't put a figure in the counterclaim amount box so the courts put the highest fee in. Found this out from bankfodder. so now we have to go and amend the form with the correct amount. Will then see what happens!!!!!

My daughter has just rung me to say she has recieved a letter saying cl finance has defended the counterclaim, it has been transferred to sheffield county court and she has to pay £1700 fees (more than what she owes) if she wishes to proceed with the counterclaim. If she doesn't pay this it will be cancelled She has also recieved (enclosed) a small claims track questionaire. I have no idea what to do now.

regarding benefits, etc, surely the govt could give benefits in the form of a cheque (the old giro) to be cashed at a bank(the old post office) Was that system so difficult? people had their cash and it was in their hands what they did with it. Ditto employers. Years ago I worked for social services and our salary was a co-op bank cheque which we could take to the local branch and get cash. Banks have large amounts of cash anyway so armed robberies wouldn't be an issue. The trouble is, in those days you could go to your local high street and pay your electic, gas phone and other bills in cash. All these local offices have now gone and people are penalised for paying by good old fashioned cash.

my daughters claim is for more than her od. Is the questionaire requested after the claim is filed? we filed it on monday.

well, thats it, claim sent!!!!!

Ok have found the report. It does make many references to 'common law' but then back to consumers. This being the case, should I refer to the report in general, rather than specific sections? i.e. I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Also the recent 2006 OFT report findings state that the charges clearly exceed the administrative costs of the bank contrary to common law. Claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment plus all costs incurred. I have asked the bank to justify their charges but they have declined to do so Your opinion would be valued.

Thanks Bankfodder Have been searching OFT website for ages for the report but can't find any reference. Is it a report just concerning bank charges, and 2006 or 2005?

Have drafted this for the form. Can anyone tell me if its correct? Thanks. I have a contract with the defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the defendant in the way of charges over the last 6 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to the common law of contract. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year of £461.85 and also interest at the same rate up to the date of judgment or earlier payment. I have asked the bank to justify their charges but they have declined to do so

have spent hours searching but no relevant posts found. What needs to be put different on the moneyclaim form for a business account as opposed to a personal account. In FAQ it says that different laws need to be cited, but I can't find which are the relevant ones. Can anyone help, please?

thats funny. My daughter has recieved a letter from RBS's solicitors calling in her OD which she has had for ages and they haven't bothered her before. Her LBA was sent 2 weeks ago and they had 2 weeks before that. this is the only letter in reply, her court claim was posted yesterday so they won't have got it yet. Methinks they're trying scare tactics.

Anyone........... please?

Good Luck. Welcome to the site. Its not so daunting if you're determined.

Good luck. I have 2 court claims to make today as their dedline is up. No correspondence has been recieved for either claim. Not one letter, which I think is strange. Oh well, will look bad on them if it gets to court. Let us know how you get on.

Deadline today for RBS. As its a business account I know the laws are different. I wondered if anyone could give me advice on what to put on the moneyclaim form, please?

thanks Alan. Will do that now.

so i need to send dpa to ge capital and cca to howard cohen?

So as we are dealing with Howard Cohen solicitors now, and Debenhams and GE have told us that all requests should be made through them, do we need to send a DPA or CCA request? Want to make sure its right as time is short. Thanks.

Hi Alan can I ask a question on my thread as don't want to get in trouble for hijacking.

apparantly info can be requested under s77-79 1984 consumer credit act for £1.

so a DPA request is prefferred over a CCA request?

we are in a similar position (see previous thread). I have issued a part admission as the original amount is owed but done a counterclaim for the charges and interest due to charges and costs. As GE seem unwilling to give anyone information on their accounts it is difficult to work out exact amounts so I have estimated. Seems Howard Cohen are 'court happy'!!!!!!

thanks for the help. Will sort out DPA request asap.