panicking a bit - claim particulars

[hlk01]

This is a general question - not specific to a single bank so I hope you don't mind me posting here. My own thread is in the Scottish section but I'm claiming in England by post. I've read loads and now am not sure exactly what I put in particulars of claim -

 

The template does not have the details for interest as shown in the FAQ's :-

"Q. Can I claim interest?

A. When you put in a claim you should claim interest at the statutory rate of interest, which is currently 8%

You must write your claim in the following way:‘ The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% per year from (date when the money became owed to you) to (the date you are issuing the claim) of £ …(put in the amount) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £… (put in daily rate of interest)

You will need to work out the interest you are owed up to the date you start the claim. You first need to work out the daily rate of interest. Using a calculator, do the following:

0.00022 X the amount of your claim – this gives you the daily rate of interest."

 

So which one do I follow ? Also do I attached a printed copy of my spreadsheet ?

 

Much appreciated.

[jonni2bad]

From the TEMPLATES Library

 

Particulars of claim - - hard copy version

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant 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 once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

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

 

4. 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 Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

b) a declaration from this honourable court that the term of the contract leading to the application of the charges is unenforceable;

 

c) Court costs;

 

d) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

I believe that the contents of these particulars of claim are true

 

 

Signed:

 

 

Date:

 

 

Notes:

 

Delete words in square brackets if not applicable

 

1. Insert a/c no.

2. Insert Date

3. Insert Sum

5b. Delete unless you feel lucky

***************************************************************

 

Are you applying in person at your local court? If so, attach a copy of the spreadsheet showing charges and interest - you will need to supply 2 copies of the N1 and the spreadheet (one for court and one for the Defendant).

 

If using Moneyclaim online, you will have to send in copies of the spreadsheet to the court with covering letter.

 

Do you still have a query in relation to the interest???