Money Claim online form - Particulars of claim

[rinnie]

Hello all

Just after a bit of advice really. I am just about to send off my letter before action to Abbey and i am also completing the money claim online form so that i am able to file the claimas soon as the 14 days are up. Does anyone have advice on wht i should put in the particulars of claim section. I have read the template in the library but it sound as though it is being said in the third person - is this correct. Also do i need to send evidence of charges to Abbey with the Letter before action??

Thanks in advance

[Karnevil]

yes send your schedule of charges with the LBA

yes the claim is made in the third pseron - THE CLAIMANT - THE DEFENDANT - if you go through the template carefully changing bits for amounts, dates etcwhere necessary you shouldnt go far wrong. If you want to double check post on here and people can have a look.

[rinnie]

Do i just put my local county court of the particulars of claim??

[Karnevil]

the address will be your banks registered office, in Abbey its the triton square address.

The claim will be allocated to your local court automatically after defence has been entered. It iwll show as northampton first.

[un1boy]

Hi Rinne,

I have been using the following as my particulars of claim:

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 1999.Para.8 and sch.2.1.e.
In the event that the charges are not a penalty they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

Hope this helps

[un1boy]

Hi Rinnie,

Any updates on this?

[Lig24]

Hi,

Sorry to butt in. I am starting a money claim on Friday and am still a bit concerned about the interest calculation. I have used the spreadsheet provied but I don't think I have been charged overdraft interest oin my account I just have a large amount of charges for returned debits and stuff. Does this affect the rate of interest applied on the spreadsheet? I really don't want to mess up as I desperately need money for Christmas so any advice would be greatly appreciated.

Thank you

Lig 24

[slina]

please help me ive wrote all letters and the 40 days are up now, but i dont know which form to fill in as ive been on moneyclaim online and they want payment before the claim is this the case with all claims????? ive also seen the n1 form but when ive filled it in where do i send it to ????

[un1boy]

Yes, you need to pay the court costs at time of issuing.......you'll get them back though as part of your settlement!!

[ahares]

can anyone hlp me i have sent in 2 letters to bank and have had an offer without intersest which i refused, i hve today received a acknowledgement of service which has been filed vai the court by nat west solicitors, unsure of what to do next any ideas???

[CheZZyBaby]

I have just looked through the thread and I'm very worried, I submitted my claim via the mco and i did not complete the particulars of claim as noted on the thread, the stage in which i am at the moment is that the bank has filed a defence and offered me 65% of my claim. Can I still send a schedule of charges to the bank and what about sending the CR Part 18.

Very worried Abbey Customer

[karinata]

Hi there,
I know this thread was started ages ago, not sure if I am posting this in the right place? I'm after some help please.....
Have had my final response....looking to reclaim mis-sold PPI to the total value of just under £5000,including interest and also the 8% stat interest...... so preparing to issue claim in next few days, needs to be in Tuesday.
Sorry.....I have LOADS of questions, if anyone can help.....

First question....MCOL or N1, which would you use?
Are there any templates relevant to PPI rather than bank charges?

Am I likely to get a result?
or.......what happens if I lose?
Never taken anyone to court before, all a bit scary!
general details......
We were Mis-sold for several reasons, firstly was told it was compulsory in order to get the loan, secondly it was added as a single premium which we didnt understand that we would end up paying interest on for 16 years and the policy only lasted 5 yrs , with only one of the joint names covered, also the covered person was in full time job with no risk of redundancy and full pay for 12months of sickness and death in servce benefits, also with life insurance already in place and critical illess cover as well.
Would you say my chances of recovery are good?

If I use the N1 form does it have to be printed text or can it be completed by hand? my printer as decided to start playing up today!!!( it has decided it will not print with black ink at all only colour....great!)

Last question.... I have the total amount worked out which is...
the actual cost of premium (which I have from the copy of CCA)
the interest to date (worked out for me by the lender)
plus the 8% (worked out on the bank charges calculator)
Do I add the print out sheet of the bank charges with the claim?

Do I still need to add the bit at the end about the interest at a daily rate of 0.00022?
Any advice would be greatly appreciated
Thanks all .