These precedents should be read in conjunction with
Small Claims Court
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Particulars of Claim for a Dishonoured Cheque
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| IN THE [TOWN] |
COUNTY COURT |
CASE No. |
| BETWEEN |
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[IVOR PROBLEM] |
Claimant |
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AND |
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[JUSTIN TIME] |
Defendant |
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1. |
The Defendant drew a cheque on his account with Blankety Bank plc payable
to the Claimant in the sum of £900.00.
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2. |
The Claimant presented the cheque for payment but it was dishonoured.
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3. |
By a letter dated 10th January 20...., the Claimant gave notice to the
Defendant that the cheque had been dishonoured. The Defendant had stopped
payment of the cheque which was marked "refer to drawer".
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AND THE CLAIMANT CLAIMS
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(2) |
Interest pursuant to section 57(1) of the Bills of Exchange Act 1882
from the date of dishonour to the date hereof: ..........(see below)
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(3) |
Interest from the date hereof to the date of judgment or earlier payment.
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Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.
Dated this 26th day of April 20....
To the District Judge
and to the Defendant
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SIGNED..........................[Claimant] |
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of [Address], |
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at which address he/she will accept service of proceedings. |
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Rate of Interest
You can claim any level of interest as long as it is reasonable.
However, the court can decide not to allow you interest or only to allow you part of the interest.
Suggested Particulars of Claim for suing both a Credit Card company and the
Seller where the goods were paid for using a Credit Card.
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Particulars of Claim for suing Seller & Credit Card Company
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| IN THE [TOWN] |
COUNTY COURT |
CASE No. |
| BETWEEN |
|
[IVOR PROBLEM] |
Claimant |
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AND |
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[BLANKETY BANK PLC] |
1st Defendant |
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AND |
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[VIRUS SOFTWARE LTD.] |
2nd Defendant |
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1. |
At all material times the Claimant was the holder of a credit card
called Blankety Card which was issued to the Claimant by the 1st Defendant
under an agreement dated 22nd September 20.....
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2. |
On the 1st November 20.... the Claimant discussed buying from the 2nd
Defendant a software package known as "Virus 96". The second Defendant told
the Claimant that:
(a) The software package would gain him access to the Internet via his computer and
(b) Internet access would be free.
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3. |
The Claimant relied on the above statements and entered into an
agreement to buy the software package at a cost of £500.00. It was a
condition of sale that the software package would gain the Claimant
access to the Internet and that the Internet access would be free.
The agreement was dated 1st November 20.... No. 12345 made between the Claimant and the Second Defendant and signed at the Second Defendant's premises.
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4. |
As a result of a pre-existing arrangement between the 1st and 2nd
Defendant, the 1st Defendant accepted the Claimant's Blankety Bank card
in full payment for the software package.
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5. |
The representations made by the 2nd Defendant about the software package
were false in that the Claimant could not gain access to the Internet
using the software and the Claimant discovered that he would have to pay
an additional cost of £10.00 per month for Internet access.
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6. |
Due to the misrepresentation and/or breach of contract, the Claimant
has suffered loss and damage in the sum of £500.00 being the total price of the goods purchased.
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7. |
Pursuant to section 75(1) of the Consumer Credit Act 1974 the 1st
Defendant is jointly and severally liable with the 2nd Defendant for the
loss and damage.
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The Claimant claims against the 1st and 2nd Defendants jointly and
severally the following:-
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1) |
The price of £500.00, or alternatively
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2) |
Damages for misrepresentation and/or breach of contract.
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3) |
Interest in accordance with section 69 of the County Courts Act 1984.
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Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.
Dated this 26th day of April 20....
To the court and
to the 1st and 2nd
Defendants
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SIGNED..........................[Claimant] |
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of [Address], |
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at which address he/she will accept service of proceedings. |
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Particulars of Claim for Defective Goods
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| IN THE [TOWN] |
COUNTY COURT |
CASE No. |
| BETWEEN |
|
[IVOR PROBLEM] |
Claimant |
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AND |
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[DODGY CARS LIMITED] |
Defendant |
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1. |
On or around 22.09.20.... the Defendant agreed to sell and the Claimant
agreed to buy a Ford Escort motor car registration number X100 ABC which
was offered for sale by the Defendant in his capacity as a motor dealer.
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2. |
In the course of negotiations the Defendant represented that the car had:
a) Recently passed an M.O.T.
b) Had a new engine fitted recently.
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3. |
The Claimant relied on these representations and entered into a written
agreement with the Defendant dated 22.09.20.... No.6789 to buy the car at the cost of £1,500. The agreement was signed at the Defendant's premises.
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4. |
It was an express condition of the agreement that the car had passed an
M.O.T. and had a newly fitted engine.
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5. |
It was also an implied condition of the agreement that the car would run and
the Claimant would be able to operate the car.
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6. |
The representations were false and the Defendant was in breach of the
express and implied conditions of the agreement in that:
a) The car had not passed an M.O.T. and the M.O.T. certificate had been
falsified.
b) No new engine had been fitted.
c) Soon after the Claimant drove the car from the Defendant's showroom
the car broke down and would not start.
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7. |
The Claimant is entitled to rescind the agreement because of the
misrepresentations and breach of contract. and/or
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8. |
The Defendant has repudiated the agreement because of the breach of the
express conditions and the Claimant has accepted the repudiation when he
demanded the repayment of the sum of £1,500 on 22.09.20.....
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9. |
Alternatively, the Claimant has suffered Loss and Damage due to the
misrepresentation and breach of contract.
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AND THE CLAIMANT CLAIMS
1. The price of £1,500.
2. Alternatively damages for breach of contract / misrepresentation.
3. Interest in accordance with section 69 of the County Courts Act 1984.
4. Costs.
Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.
Dated this 26th day of April 20....
To the court and
to the Defendant
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SIGNED..........................[Claimant] |
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of [Address], |
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at which address he/she will accept service of proceedings. |
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Particulars of Claim for goods Wrongfully Repossessed
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| IN THE [TOWN] |
COUNTY COURT |
CASE No. |
| BETWEEN |
|
[DAVE WIDGET] |
Claimant |
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AND |
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[DIGIT & Co] |
Defendant |
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1. |
Under a written hire purchase agreement dated 10th October 20.... No.XYZ between
the Claimant and the Defendant, the Defendant let a Melon computer on hire
purchase to the Claimant. The agreement was signed at the Defendant's premises.
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2. |
The cash price agreed was £1,500. A deposit of £200 was agreed. The total
charge for credit was £300. The hire purchase balance made up of £1,300 and
£300 was payable by equal instalments of £160 per month. The total purchase
price was £1,800 of which one third is £600.
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3. |
The hire purchase agreement was an agreement to which the
Consumer Credit Act 1974 applies and this claim is a Consumer Credit Act claim.
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4. |
The Claimant made six instalment payments in addition to the deposit
paid. The total sums paid were therefore £1,160. The Melon computer is
therefore a "protected good" under section 90 of the
Consumer Credit Act 1974.
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5. |
On 3rd April 20.... the Defendant repossessed the Melon computer without
the Claimant's consent or authority and in contravention of s.90 of the
Consumer Credit Act 1974.
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The Claimant therefore claims in accordance with s.91 of the Consumer Credit Act 1974:
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a) A declaration that the hire purchase agreement is terminated as at 3/4/20.....
b) A declaration that the Claimant is released from any liability under the agreement.
c) The return of the sums of £1,160 paid by the Claimant.
d) Interest in accordance with s.69 of the County Courts Act 1984.
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Statement of Truth
I believe that the facts stated in these Particulars of Claim are true.
Dated this 26th day of April 20....
To the court and
to the Defendant
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SIGNED..........................[Claimant] |
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of [Address], |
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at which address he/she will accept service of proceedings. |
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