A question about : Quick bit of advice needed on MoneyClaim!
Hi, first time I've posted so i'm bound to be hopeless - sorry in advance!
I'm filling out my Money Claim form and I'm writing the particulars of the claim - basically I need someone to read it & tell me it's not total rhubarb - and there's a bit I don't get. This is what I've got so far:
The Claimant has a contract with the Defendant bank dated 07/1999 which is conducted on their standard terms and conditions. The Claimant is claiming the return of money taken by the Defendant in the way of charges over the last 6 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).
The claimant has repeatedly asked the bank to refund or justify their charges but they have declined to do so. The claimant claims Ј282.58, being the sum unlawfully debited. The claimant also claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 23/12/2000 to 12/09/2006 of Ј114.97 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}
Can anyone tell me if that sounds ok? Also, at the end I need to put the daily rate of interest, what's that? Is it not 8%?
Please can someone help? Got no-one to ask (except the cat & she's already looking at me as though I'm as mad as a box of frogs)
Thank you loads, Isa
Best answers:
- Im not sure but it makes sense to me, I'm sure someone will post and point out anything that isn't.
A box of frogs? - Thanks a lot, i've sent it anyway, fingers crossed!
Isa - Let us know how you get on.
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