Claim Form Qu's - Estimate & Interest Rate

[Kai-Boshed]

Well, following a letter from the ICO saying Abbey are in breech of the DPA using their microfiche excuse I thought it was about time I got my claim in. I was going to wait till my barclays one was settled but my court date for that isn't until FEB 07!!! So I want to get my Abbey one going.

Anyway, main probs - I dont have all my statements so Im not sure how to word it in my particulars of claim. - can someone have a check, its the blue bit.

Second qu, how to you word the bit about interest rate? I'm trying to word it in a way I want the judge to decide. For 2 reasons, firstly I believe if its not the standard 8% you must include it in your claim total which takes it over 5k, and second im really not sure how to word it any other way. (all the bits ive read about interest relate to the county court act which specifically states 8%) - this is the red bit.

If someone doesnt mind giving it a once over before I submit it would be much appreciated as I can't find this in the library section and I didnt need to estimate my barclays one. Thank you

 

1. The Claimant held a bank account with the Defendant since 1996. Between the dates of June 2000 and June 2006 the Defendant applied numerous default charges to the Claimant’s account.

2. The charges applied are contrary to the Unfair Terms in Consumer Contracts Regulations. They constitute an unfair penalty under paragraph 1(e) of schedule 2, which states: “a term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the true cost of the breach.

3. Furthermore, under the law of penalties, the charges are unlawful as they are an ‘extravagant’ penalty. Referring back to the case of 1896, Wilson v Love, a charge is a penalty if it does not relate to the true cost of an item.

4. Despite numerous written requests made by the Claimant to the Defendant the Defendant has failed to pay the said sum.

4. As outlined in the County Courts Act 1984, the claimant is entitled to interest at the rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of £1,018.35, continuing to accrue at the statutory rate until judgment or earlier payment, the daily rate being 0.021%.

5. The claimant therefore asks the court to enter judgment in their favour for the sum of £3,180.62 plus interest, amounting to a total of £4,198.97

6. As I have an interest rate specified in my contact with Abbey National PLC of 16.9% for authorised borrowing and 28.7% for unauthorised borrowing I request for the judge to advice me which should apply to this dept if any in place of the 8% I am entitled.

If 16.9% - £5,664.23

If 28.7% - £8,360.53

7. Due to the failure by Abbey National to comply with the Data Protection Act subject access requests on the 26th May, 26 June, 14 July and 21 July 06 the schedule of charges includes some estimates. I have a letter from the ICO which informs me that Abbey's reason for not supplying the relevant documents is not valid.