Particulars Of Claim

Introduction

THIS IS FOR COMPLETING THE N1 FORM

The details

— At the ........................ Court Enter your local County courts name Claimant: Your name and address Defendant: THE BANKS NAME THE BANKS REGISTERED OFFICE ADDRESS TICK NO TO HUMAN RIGHTS ISSUES Brief Details of Claim Money claim for return of penalty charges applied to the Claimants bank account by the Defendant Value Charges £xxx.xx Overdraft Interest £xxx.xx Interest under s.69 County Courts Act 1984 £xxx.xx Court Fee £xx.xx TOTAL £ xx.xx Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £xx.xx per day [(enter daily rate here - (CHARGES+OD interest)x 0.00022 = pence per day)] OR at such rate and for such periods as the court deems just. 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 Terms in Consumer Contracts Regulations (1999) 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) Court costs; c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] 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] I believe that the contents of these particulars of claim are true Signed: DON'T FORGET TO SIGN IT Date:

Notes

Delete words in square brackets if not applicable

1. Insert a/c no.
2. Insert Date
3. Insert Sum

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Downloadable N1 form in pdf (note: You can not save data on this form, please print 3 copies, one for the court, one for the defendant and one for yourself, before closing).

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Fees

The Current Court Fees Payable

County Court Fees

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ATTACH TO THIS FORM:-

Schedule of Charges

COPY THREE TIMES (FORMS AND SCHEDULE) and hand in or post to your local COUNTY COURT with the appropriate FEE