I have started a claim for the return of bank charges against a UK bank. The claim has not been settled and the next step is to issue proceedings in the County Court using the online claim form at
www.moneyclaim.gov.uk
The particulars of claim are straight forward, ie :-
1. Between the xxxxxxxxand the xxxxxxxxx, the Defendant debited numerous charges from the Claimant's account, totalling £xxxxxxxxx
2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3. Under the law of penalties, the charges are an unlawful ?'extravagant' penalty.
4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals £xxxxx, accruing at the daily rate of 0.021% until judgment or payment.
5. The Claimant asks the court to enter judgment in their favour for £xxxxxx plus interest, totaling £xxxxx
Is it possible to also claim damages for mental distress because of the bank's unlawful action, ie, aggravated damages, (the amount to be decided buy the Court), and if so, how should this be worded so that it can be included in the particulars of claim?
Answers on a postcard etc......