ConsumerWiki - POC - Business Accounts

—

1. The Claimant [has] [had] an account Enter the A/c No. ("the Account") with the Defendant which was opened on or around Date (and closed on or around Date)

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 common law. The precedent for the law relating to contractual penalties was set in the case of Dunlop Pneumatic Tyre Co Ltd v New Garage Motor Co Ltd (1915) AC 79. Additionally, in the case of Murray v Leisureplay (2005) EWCA Civ 963 it was held that a contractual party may only recover damages in respect of its actual loss or liquidated losses.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £Enter total of charges 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.

6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act (1982).

I believe that the contents of these particulars of claim are true

Signed: DON'T FORGET TO SIGN IT

Date:

—

The claimant has held a current account (A/c No.)with the defendant, conducted on their Standard terms and conditions since (Date) . The defendant from (Date) to present day has applied charges to the claimant account,

totaling £XXXX. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.The claimant claims £XXXX, being the sum unlawfully debited The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the rate of 8% per annum, being the sum of £XXX