Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




Last Will and Testament Kit


Make a legally valid will without the fuss and expense of a solicitor - includes a full step-by-step guide.

£9.99 + £1.50 (P&P)

BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)


Reclaim the Right Ltd. - reg. 05783665 in the UK

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  1. #1
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    Default I filed N1 today. Should I had included copies of the documents I will use as evidence

    Hello

    I filed an N1 form today for charges in my current account with BAmk of Cyprus (UK).

    The ammount claimed with compound interesticon was a bit over £4900. So the court fee (I pressume I did it correctly) was £108. Then in the total amount in the box at the bottom left I had to add them up. It was a bit over 5k.

    I have two Questions:
    1. Without the court fee the claim is under 5k so it will go to small claims right?
    2. Should I had included copies of the documents I will use in my arguments? I am refering to the contents of their letters to me as proof of unwillingness to assist me and as attempt to conceal the true nature of charges. Also to the instruction of OFT to deal with financial hardship cases now.

    Many thanks

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  2. #2
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    1. interesticon is taken into account when calculating the court fee, but excluded when deciding which track, so yes, it will be small claims

    2. No, although you could have done, it's not necessary at this stage


  3. #3
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    Thanks for that.

    And one last question:

    HMCS advises in their leaflet "How to make a claim"
    http://www.hmcourts-service.gov.uk/c...x302_e0907.pdf
    to photocopy the form and send to the court two copies: one for the court and one for the defendant (the bank) and keep one for yourself.

    This is what I did: I sent the original and one photocopy together with the cheque and 2 copies of the schedule of charges to the court.

    In this forum however, it is advised to send three copies to include one for yourself to be returned with court seal.

    Have I made a mistake then?

    Thanks



  4. #4
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    No either is fine


  5. #5
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    Just received notice from the court that the claim has been served to the defendant.

    Is there anything to do now before their deadline expires other than wait for them to defend/ask for a stay?



  6. #6
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    Today we received notice from the court that the bank will defend all the claim!

    I wonder what they are planning to say!

    They are probably buying themselves more time in order to apply for a stay.



  7. #7
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    They had until 6th of November to acknowledge defence.

    They acknowledged defence on 3rd of November for the whole amount.

    We received a letter from the court saying that they have until the 20th of November to submit their defence.

    Should I ring the court tomorrow (20th) and try to get their defence struck out if it has not been submitted?



  8. #8
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    Default Re: I filed N1 today. Should I had included copies of the documents I will use as evidence

    They acknowledged defence on 3rd of November and submitted defence (which is a joke defence really) on 18th of November. Their deadline was 20th of November, so all in time.

    I immediately responded to their defence (sent both to them and the court).

    I also asked the court on 24th of November to struck out their defence because the defence is mere denials i.e. abuse of process and no serious intention to defend in court, just filed defence so they can ask for a stay.

    I have heard nothing from the bank or the court.

    What should be the deadline for aqicon? I have not had one yet.

    Thanks




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