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Reclaiming Bank Charges

 
 
Tacuma
 
Reply Wed 2 May, 2007 03:03 am
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...... Very Happy
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Type: Discussion • Score: 1 • Views: 806 • Replies: 3
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Noddy24
 
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Reply Mon 14 May, 2007 07:26 am
Bump
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Tacuma
 
  1  
Reply Mon 14 May, 2007 07:38 am
Noddy24 wrote:
Bump

Clearly ther answer to my question is beyond the combined capabilities of the Forum.
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Noddy24
 
  1  
Reply Mon 14 May, 2007 03:50 pm
Tacuma--

Most of our members--including our lawyers--are based in the U.S. and not familiar with banking laws in the U.K.

Speaking as an American without legal training, I'd think a claim for "mental distress" would be disallowed. After all, the bank didn't deliberately ruin your life--it happened in the course of business.

Do you have a lawyer or are you representing yourself?
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