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 Help with N1 claim form please!! **WON** and Default Removed !!!

    I am about to reclaim charges and ask for a default to be removed. Im ok with the POCicon but need help with the following ....

    1) What do i put in Brief Details of Claim space?
    2) What do i put in the Value space
    3) How many copies of the POC do include with the N1


  2. #2
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    Default Re: Help with N1 claim form please!!

    Hi Drob,

    There is a full guide to filling in a Cap1 N1 here :-

    http://www.consumerforums.com/resour.../120-zootscoot

    It's towards the bottom of a quite a long list !!

    You will need three copys of your N1 and SOC, one for the court, one for Cap1 and one the court will return to you.

    Lex

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  3. #3
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    Default Re: Help with N1 claim form please!!

    I have read the full guide, unfortunately it only deals with the POCicon.

    On the first page of the N1 form their are 2 spaces for brief details for a)Brief Details of Claim b) Value of claim. Im unsure what to put in these spaces.


  4. #4
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    Default Re: Help with N1 claim form please!!

    Morning Drob,

    Brief Details of Claim

    Money claim for return of Credit card charges and associated interest charges applied to the Claimants account by the Defendant. Removal of a Default.

    Charges.

    Charges £xxx.xx
    Associated overdrafticon interest charges £xxx.xx
    Interest under s.69 County Courts Act 1984 £xxx.xx
    Court Fee £xx.xx

    TOTAL £ xx.xx

    Hope this helps,

    Lex

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  5. #5
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    Default Re: Help with N1 claim form please!!

    That's brilliant Mr Lex, thank you very much.

    I understand that N1 is the route to take and not MCOL or fosicon??


  6. #6
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    Default Re: Help with N1 claim form please!!

    Yep Drob, N1 everytime

    Some MCOL claims are getting stayed by some courts in the mistaken belief that they are bank charge claims.

    We'll keep fosicon in reserve

    Lex

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  7. #7
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    Default Re: Help with N1 claim form please!!

    Am i correct in thinking that i will need 3 copies of everything?

    Do i give the 3 copies to the court when i go and pay ?


  8. #8
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    Default Re: Help with N1 claim form please!!

    Thats right Drob,

    Take all three copies to the court. One will go to Cap1, the court will keep one and you will get yours sent back with your case number on.

    Lex

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  9. #9
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    Default Re: Help with N1 claim form please!!

    Brilliant Mr Lex ...... I did receive a letter from Cap 1 this morning offering me £32 as a goodwill gestureicon. Not quite the £398 im claiming!!!


  10. #10
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    Default Re: Help with N1 claim form please!!

    errmm, no, not quite. Not very good at 'sums' are they ?

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  11. #11
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    Default Re: Help with N1 claim form please!!

    Just 1 more question Mr Lex. I have read that i should also be claiming for the £12 charges even though that Cap1 think that the £12 charges are proportionate


  12. #12
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    Default Re: Help with N1 claim form please!!

    Thats right Drob,

    Claim for the lot, it's up to them to prove whats a fair charge, which of caurse, they cant.

    Lex

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  13. #13
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    Default Re: Help with N1 claim form please!!

    Wherabouts do i put my little bit about removing the default in mt POCicon???

    and

    What are the daily interesticon rates??? The daily rate is worked out by Total Charges x 0.00022 is this correct??


  14. #14
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    Default Re: Help with N1 claim form please!!

    Quote Originally Posted by drob View Post
    Wherabouts do i put my little bit about removing the default in mt POCicon???

    and

    What are the daily interesticon rates??? The daily rate is worked out by Total Charges x 0.00022 is this correct??
    At the end in the "claimant claims" section

    eg:

    Claimant claims:



    (a) redress in the sum of £X,XXXX or whatever the Court deems just.


    (b) Redress in the form of payment of the compounded contractual interest of £X,XXX in restitutionicon.



    (c) Court fee: £85


    (d) Removal of incorrect adverse account status data from third-party data controllers including, but not limited to, Experian, Equifax and Callcredit.
    S.

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  15. #15
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    Default Re: Help with N1 claim form please!!

    Court fee: £85 ???? I thought the court fee was only £30


  16. #16
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    Default Re: Help with N1 claim form please!!

    Quote Originally Posted by drob View Post
    Court fee: £85 ???? I thought the court fee was only £30
    Depends on how much your claiming back from them, sorry should have XX'd out the amount

    S.

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    Deal with your debts:
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  17. #17
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    Default Re: Help with N1 claim form please!!

    Quote Originally Posted by the_shadow View Post
    Depends on how much your claiming back from them, sorry should have XX'd out the amount

    S.

    I am claiming

    £212.00 charges + £46.29 interesticon under section 69 of the county courticon Act 1984 at a rate of 8% per annum.

    So my total claim is £258.29. I thought that if your claim was under £300 the court fee is only £30


    My other problem on the claim is calculating the daily rate which i can claim until judgement.

    The daily rate is worked out by Total Charges x 0.00022 is this correct?? So £212.00 x 0.00022 = 0.04664 therefore on my N1 claim i can claim a daily rate of 0.4664 until judgement or sooner payment.

    Have i got that right??? Im going to submit my N1 tomorrow so i want to get this right.



  18. #18
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    Default Re: Help with N1 claim form please!!

    Quote Originally Posted by drob View Post
    I am claiming

    £212.00 charges + £46.29 interesticon under section 69 of the county courticon Act 1984 at a rate of 8% per annum.

    So my total claim is £258.29. I thought that if your claim was under £300 the court fee is only £30
    That what I was getting at, my fee was more as I was claiming more I cut & paste from my forms for you.

    I make it 0.06p per day as s69 interest... (0.5666 upped )

    Total+Interest x 8%/365 is the formulae I believe although I think the compound spreadsheet from this site works it all out for you and tells you the daily s69 interest amount anyway.

    S.

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  19. #19
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    Default Re: Help with N1 claim form please!!

    So on my N1 i will put the following information. Is this correct?

    (2) interesticon under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date, in the sum of £46.29. and at the daily rate of 0.06p until judgment or sooner payment.


  20. #20
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    Default Re: Help with N1 claim form please!!

    Quote Originally Posted by drob View Post
    So on my N1 i will put the following information. Is this correct?

    (2) interesticon under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of payment of the Charge to date, in the sum of £46.29. and at the daily rate of 0.06p until judgment or sooner payment.
    Yep looks good to me

    S.

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    The CAG is a free help site,should you be offered help that requires payment,please report it to site team.

    Deal with your debts:
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    ***** SERIOUSLY IN DEBT, DONT KNOW WHAT TO DO, TRY NationalDebtLine's MoneySteps *****


    IMPORTANT: Please take my advice in the spirit it is given and on the basis that I am expressing my opinion, These opinions are not endorsed by CAG in anyway and are offered informally without prejudice or warranty of any kind. These opinions are solely based upon the knowledge I've gained from this fantastic site and life in general. I have NO legal training.


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