help needed filling in moneyclaim form

[laurawilliams]

hiya, im hoping someone could point me in the right direction, are there any templates for the 'particulars of claim' bit on moneyclaim? i found the advisory notes in the FAQs but im really not sure how to word the whole thing and what needs to go in it. id be really grateful if someone could help me out with what they wrote??

 

im claiming £566.00 and at the mo, the 8% interest is at about £40. the court costs are going to be £80. can someone help me put all these figures right?! by the way, all my charges are from unpaid direct debits, and set charges for going into unauthorised overdraft.

 

thanks guys x

[Bovvered]

I have a contract with Halifax* bank dated

xx/xx/xxxx 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 x 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. I have

twice* asked the bank to justify their

charges but they have declined to do so.

 

 

 

*[Change as necessary]

 

 

That's what I wrote

 

edit: I can't get it to format right no matter how many times I take the extra quote/unquote out - anyway it's supposed to be all together not separated like that

[laurawilliams]

great thanks very much for that, i understand it! just wanna check though, is that definately everything that needs to be put in this section, does it cover everything? do you mind me asking whether you got your charges back dont suppose you could help me wiv sumfin else.. i need to put the claim in 2moz (sat). when will the bank receive the summons, especially cos its bank holiday?

 

Laura x

[Bovvered]

I put my claim in on moneyclaim website 7/4, bank were served 12/4, they acknowledged intending to defend on 20/4, they settled in full today (well yesterday actually but it didn't show up till today). I said yes on the form that I was claiming interest...

[omollmeg]

Hi ya

Which bank settled in full and what did you answer to the following please.

 

 

 

 

Do you wish to enter Judgment by Default or by Admission? Please select one of the options below:

 

 

The defendant has not filed an admission or defence to my claim

(Judgment by Default)

 

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

 

 

The defendant admits that all the money is owed

(Judgment by Admission)

 

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

 

Which am I supposed to answer??

thanks

[laurawilliams]

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