Help with amending claim

[gaz2006]

Hi All
I wont give too much info as last time i got help when i got to court the bank knew where i had it from etc they must employ people looking on these sites
Basically a bank credit card company misprocessed a credit i paid into my card account as it was used to buy stock for my shop etc i couldnt get stock pre xmas ( this was before recession ) so transactions declined and i lost potential sales at busiest time of year . Bank offered me £100 which i refused , now my initial poc pretty bad now judge told me to serve a "fully detailed claim relating to damages ( alleged losses ) "
So I need some help with this can i claim for
Negligence for them misprocessing
Breach of contract
Damage to credit worthiness
Damages etc
I am not sure of how to put this and whilst Im happy to send some evidence with it dont wish to give bank all the bullets i have at this stage
Any advice or help will be gratefully received regards Gaz

[Guest]

Re: Help with amending claim

Hi
I don' now ifthis helps but, they are in breach of section 76 of te CCA 1974, in that they did not give 7 days notice and also the European directive which says they should give 28 days in none default cases.

You will have to present an estimate of damages, i should imagine a record of transaction on a previous year over the same period would be ideal, if it showed by comparison a substantial loss due to their breach of contract.

D

[gaz2006]

Re: Help with amending claim

[QUOTE=davyb;276225]Hi
I don' now ifthis helps but, they are in breach of section 76 of te CCA 1974, in that they did not give 7 days notice and also the European directive which says they should give 28 days in none default cases.

You will have to present an estimate of damages, i should imagine a record of transaction on a previous year over the same period would be ideal, if it showed by comparison a substantial loss due to their breach of contract.

thanks for that but im not sure where 7 days notice comes in or indeed 28 in this case as they have credited me with £52 by mistake error negligence etc instead of £5200 what do they have to give 7 days notice etc for exactly ? Sorry if i appear stupid (maybe i am ) regards Gaz

[Guest]

Re: Help with amending claim

Well they may say that they have the right to refuse credit anyway without notice, they don't.

Just a point.

D

[Guest]

Re: Help with amending claim

I take it you will be depending on Kpohraror and associated judgments?

D

[gaz2006]

Re: Help with amending claim

[QUOTE=davyb;276240]I take it you will be depending on Kpohraror and associated judgments?

Right Dave I understand what you mean now re notice etc .....well if they processed right they would have been no credit needed at that point ha ha .......yes Kpohraror is one i know which are the others ? Regards Gary

[Guest]

Re: Help with amending claim

Would the deposit have put th account in credit ?

There are a number of judgments in a similar vein, most are mentioned in the Kp case. However it may be worth having a look at Durkin also, his case was overturned on appeal but the precedent of recovery of loses due to bank error was maintained.

D

[gaz2006]

Re: Help with amending claim

okay thanks im not sure though how to draft claim ie quoting what regulations broken words used ie mistake or negligence etc ie damages or consequential loss , loss of profits , lost sales etc are you or anyone able to give me bullet points regards gar