money claim particulars

[Tarby25]

i know its not original but will this do as a claim particular

and is there anything that needs changing

cheers

 

My action is on the grounds that:-

I have a contract with the defendant bank

dated 29th september 2003 and 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 2 years and 6 months

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 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.

In addition the defendant bank (newbury

branch) was presented with a hand delivered

letter stating my wish for the charges to be

refunded which has been subsequently

ignored therefore i see this as grounds also

to make my claim against them.

The claimant claims interest under section

69 of the County Courts Act 1984 at the rate

of 8% a year from 29th september 2003 to

30th march 2006 of £ 1656 and also interest

at the same rate up to the date of judgment

or earlier payment at a daily rate of 0.36%

[Tarby25]

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