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Certainly is Fran, Natwest were being a pain with this claim as well SIL put her court bundle in....Natwest did nothing...but she has got her money so I am really pleased for her. |
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Thanks for explaining the Lloyds TSB cases properly too - I didn't fully realise why the bank had won - so thanks!! |
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Em, what is the 'court bundle'? I hear a lot about this on the Consumer Action site. Also do you think it is better to do the court claim using MCOL or the N1 form? I am in the process of flilling in the claim online, but feel I need to be fully prepared as to what to write down for reasons for filing the claim. Thanks. |
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Hi Kim, I have used MCOL as I find the whole process easier. Basic court bundle can be found here http://www.consumeractiongroup.co.uk...rt-bundle.html ...although you will need to add in your own information - IF IT GETS TO THAT STAGE - the court bundle will be requested by the court, so far out of all of the claims I have done I have only had to do one court bundle, although I have takeN about 4 of the banks to court, as they paid out before this stage. Kim, details of your claim should look something like this....(OBVIOUSLY FILL IN WITH YOUR DETAILS) 1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court. see this thread http://www.consumeractiongroup.co.uk...laim-line.html However if you are claiming contractural interest you will need to amend the above wording. |
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Interesting reading for anybody reclaiming their charges...you need to read this WHOLE article http://news.bbc.co.uk/1/hi/business/6692559.stm |
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Thanks Emma, it is gradually all beginning to make sense. I have started the MCOL claim and I find it easier that the N1 form, although someone on the consumer website strongly advised me not to use MCOL, not sure why? |
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Well you are a bit limited on the actual amount of text you can put in the claim, but other than that I cannot see any other reason not to use it?? |
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Looks like this is coming to a head now. http://news.bbc.co.uk/1/hi/business/6918140.stm Anyone got a claim still outstanding? |
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