Due to limited space on MCOL form is the following wording acceptable?
The Claimant has an account, numbered
21202413, with the Defendant. The Defendant
has 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. A
list of the charges applied has been
supplied to the Defendant. The Claimant
contends that the charges debited to the
Account are punitive in nature; are not a
genuine pre-estimate of cost incurred by
the Defendant and are not intended to
represent or related to any alleged actual
loss. 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.
Accordingly the Claimant claims the
amounts, by cheque, debited in respect of
charges in the sum of £1070.00 and interest
charged thereon of £297.91.
This just about fits onto the form, however I do not want the HSBC to be able to throw out the summons out on any technicality.
Any feedback greatfully received.