Moneyclaim Particulars of Claim

[MondeoST24]

Do I need to list a schedule of the charges and 8% interest, or will the totals of each suffice.

 

I notice in the hard copy version it says, schedule of charges is attached however there appears to be no way to attach any documents to the moneyclaim version?

 

Thanks

[MondeoST24]

This is my particulars, can anyone spot anything glaringly wrong with it?

 

Thanks

 

 

I held a credit card account with the

defendant during the period * to *

. It was conducted on thier

standard terms and conditions.

 

During this time the defendant applied

several penalties to the account in the form

of late payment charges, overlimit fees and

unpaid cheque/direct debit fees.

 

I seek to recover those charges as I believe

they are a disproportionate penalty and are

therefore unenforcable as they are contrary

to common law. Further, as a

disproportionate penalty they are invalid

under the Unfair (Contracts) Terms Act 1977

s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para. 8 and sch.2

(1)(e).

 

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.

 

I have repeatedly asked the bank to justify

these charges but they have delined to do so.

 

I seek to recover £190.00 in charges plus

£* interest at 8% APR

[Seminole]

Is that within the maximum characters number of 1084 including spaces?

[MondeoST24]

Yes comes to 1012, is the wording okay?

[Seminole]

It looks OK but you need to add the standard wording on the moneyclaim site for the 8% interest. If you select the option to charge interest it opens a window with the required wording. I have to say that I found it impossible to meet the character number requirement.

[PrincessAphrodite]

I spent half an evening with Mrplan74 re-writing, re-wording and try to wittle the damn thing down! It was a pain but mines been accepted by Moneyclaim. Good luck!

[MondeoST24]

Okay thanks, the popup says

 

 

Do you want to reserve the right to claim interest?

 

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

 

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} to {the date you are issuing the claim} of £ {put the amount} 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}.

 

So how can I put that in with it being different sums and different periods?

 

Stuck.

[PrincessAphrodite]

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 - i.e date of FIRST charge} to {DATE YOU FILE CLAIM ONLINE} of £190 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.11p. (Don't quote me on this amount of daily rate - maths ISN'T my strong point)

 

Does this explain it? Or have I read your information wrong?!

 

Not sure what you mean about different amounts?

[MondeoST24]

Thanks,

 

What I meant was the wording seems designed for one amount owed from one date

 

i.e. Halifax owes me £190 from 13/12/2001

 

However the amounts and dates that make up the total are different

 

i.e.

 

LATE PAYMENT CHARGE £20.00 13/12/2001 £6.80 INTEREST

LATE PAYMENT CHARGE £20.00 17/06/2002 £5.98 INTEREST

LATE PAYMENT CHARGE £20.00 11/11/2002 £5.33 INTEREST

 

etc

 

Do you see what I mean, or does this make no difference? Should I just word it as you say?

 

Thanks

[PrincessAphrodite]

I think you are making this more difficult than it really is.

 

What you need to do for this paragraph -

 

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} to {the date you are issuing the claim} of £ {put the amount} 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}.

Is:-

 

Take the TOTAL interest amount from the charges in the Spreadsheet you have completed and insert as the TOTAL amount of interest you are claiming in the ‘paragraph’ .

 

The date needs to be put in from (the first date of the first charge) until the (date you file your claim online).

 

The total amount of charges without interest needs to be inserted in the separate box (below the Particulars of Claim) and the court cost will be automatically worked out for you.

 

There is also a helpful tutorial on the MoneyClaim site you might want to read through again?

 

Does this explain things clearer?

 

I know its daunting slightly but if you are still stuck just shout, I just don't want to sound patronsing!

[MondeoST24]

Thanks Princess, claim submitted

 

What a pain trying to get it to all fit, I ended up having to use abbrievations for a lot of words and remove some punctuation. It still makes sense though (I hope!)

 

We'll see how it goes, little nervous !

[PrincessAphrodite]

Great - well done!! I know its a fiddly job fitting it in and still making sense. But its done now, so sit back and relax!

 

Also, don't forget to get it listed in "Litigation in Progress" so we can all watch your progress!

 

Good luck!!

[Seminole]

Could you post the text here please having removed anything confidential. It may help others.

[PrincessAphrodite]

Not sure who you are asking but heres mine:-

 

Particulars of Claim

 

Claimant has account 00000000 with Defendant from approx 00/00/00 conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years plus interest they have levied on those charges. The Defendant’s charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.Defendent has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from 00/00/00 to 00/00/00 of £000.00 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of £0.11p.

 

Some abbreviations, etc. but it fitted in the gap provided and the claim has been accepted.

 

Hope this helps.

[shifty50dog]

Hi,

 

I am about to sumbmit my moneyclaim form. However I need some help calculating the interest.

 

I have entered all of my charges into the spreadsheet.

 

The total is £916.00 and the 8% interest is £163.92

making a total of £1079.92.

 

When I make a claim for interest on the moneyclaim site it mentions the daily interest rate aswell. What do I put for this? or how do I work it out?

 

Thanks

[impact]

I am confused by the interets content when submitting MCOL. I have been asking for return of charges plus contractual compounded interest. Can I put this in the MCOL form and is the 8% in addition to this or instead of?

[impact]

Here is my proposed MCOL claim text - does this seem OK. I may have to shave off a few more words to make it fit within the limit.

 

"

The Claimant held a credit account ref. 5406350172694133 with the Defendant from September 2000 to August 2005.

 

During this time the Defendant debited numerous charges to the Account in respect of late payment and overlimit charges

A list of the charges applied is attached to these particulars of claim.

 

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), the Unfair Contract Terms Act 1977 and the common law.

 

Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £449.00and the interest charged thereon amounting to £443.70; (To date the defendant has refused to accept that the charges were unlawful but has made “goodwill” payments totalling £704.35

 

b) Court costs;"

 

 

Thanks

 

TonyB

[stealther]

When entering the 'amount claimed', I put the charges without interest as advised above, however, today, when starting judgement I could not include the interest in the amount I wanted paid out. I'm just unhappy that I followed the advice on this forum and have now lost the right to claim over £300! So even if it does bump your court fee up, include the charges + interest + SAR charge in the 'amount claimed' on MCOL!!!

[MondeoST24]

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