Difference between revisions of "PoC"

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==Particulars of Claim (poc)==
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#REDIRECT [[Particulars Of Claim]]
 
 
The Particulars of Claim (PoC, or POC) are the particulars under which you wish to bring legal action against another party. These are submitted to the court either on-line or on paper in the form of an [[N1]] form.
 
 
 
==Particulars of Claim Example==
 
'''
 
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 Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 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) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.
 
 
 
I believe that the contents of these particulars of claim are pants
 
 
 
==Related Links==
 
 
 
[[Subject Access Request]]  | 
 
[[Data Protection Act (DPA)]]
 

Latest revision as of 03:18, 27 June 2007