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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    Smile Quick question - Desperate for help!!!!***WON!!!***

    Hi,

    I am about to send my N1 form to claim against Barclaysicon, I recieved the Small Claims Court booklet and CD the other day which is fantastic, but I still have an unanswered question which I hope someone can help me with.....

    I understand the section about adding interesticon and then the daily interest rate.
    The problem is, when I originally started my claim I also included the interest using the interest calculator (Martin Lewis website), does this mean that I use this figure for the interest or do I work it out again, fresh if you like, as the interest needs to be calculated right up to the day the claim is sent.

    5. Claimant claims: (a) return of the amounts debited of £XXX; (total not including interest) (b) Interest per S.69 County Courts Act 1984 of 8% - £XXX[enter interest total at date of claim - should I recalculate this or should it be the same as what I originally stated in my preliminary letters] continuing at 8% until judgment or settlement at a daily rate of £0.xx;

    Please help as I really need to get this sent off today, would be sooooo grateful...



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  2. #2
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    Default Re: Quick question - Desperate for help!!!!

    Quote Originally Posted by MollyBrown View Post

    should I recalculate
    I take it you didnt use the link to the spreadsheets on here, This would automatically adjust to todays figures as soon as you re-opened the excel document.

    Either way, if you want to receive the full amount then yes recalculate or, if youre happy with the amount sent originally go with that.

    If you havent used the spreadsheet, it might pay you to do so to compare figures.

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  3. #3
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    Default Re: Quick question - Desperate for help!!!!

    .
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  4. #4
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    Default Re: Quick question - Desperate for help!!!!

    Thank you so much - thats really helpful.

    I did see the spreadsheets before but wasnt sure if i could re-do my interesticon calculation and it was a bit confusing.

    I am just doing the spreadsheets now, most of my charges are reffered to on my statements as 'PAID REFERRAL' although a few are for 'UNAUTHORISED OVER DRAFT', presumably i just list these in the first coloumn? (just checking as they are totally different to the ones that were there originally on the spreadsheet when i opened it).

    So can I almost start again with regards to the interest, forget what I was claiming for originally and use the updated figure for interest - are the bank ok with this?

    Thanks again!


  5. #5
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    Default Re: Quick question - Desperate for help!!!!

    Well the CHARGES remain the same but the interesticon is claimed as increasing on a daily basis, so the longer THEY leave settling, the more comes back to you.

    Going thro your statements you should have come across.
    UNAUTH O/D FEE
    UNPAIDS OUT
    & UNPAID REFERRAL FEE

    All the same thing just changed over the last 6 yrsicon or so,

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  6. #6
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    Default Re: Quick question - Desperate for help!!!!

    Fantastic - your'e a star thank you.

    Just one more quick question (sorry!), i have just noticed i made a mistake in my initial claim, for one of my charges i put £25 when it should have been £30, can i change this or it too late.

    Not too fussed for the sake of £5! I am thinking more along the lines of trying to be accurate.


  7. #7
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    Default Re: Quick question - Desperate for help!!!!

    If you havent already put your claim in then YES you can change it.
    Once your claim has been processed, to add further charges you have to pay £35 and even then its not guaranteed that they will be accepted.
    After filing the claim, if you have any new charges or missed the best thing is to wait til you speak to Barclaysicon and tell them their figure is incorrect or by starting the process all over again.

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  8. #8
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    Default Re: Quick question - Desperate for help!!!!

    OK, well I am in the process of completing my N1 form to file the claim so that should be ok should'nt it??

    Also on the calculator spredsheets what should i put under schedule of claim for charges?


  9. #9
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    Default Re: Quick question - Desperate for help!!!!

    what should i put under schedule of claim for charges?
    That's the title.


  10. #10
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    Default Re: Quick question - Desperate for help!!!!

    Oh ok, sorry blonde moment!!! Doh!
    Thank you!


  11. #11
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    Default Re: Quick question - Desperate for help!!!!

    Hello,

    I'm all done, claim form complete, I am going to send this to my local court together with the interesticon spreadsheet.

    Can I just check, do I also send the above to my bank aswell?

    Presumably I just wait to hear from the court? Will they ask for payment then or do I need to settle up now? I intend to pay by credit card.


  12. #12
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    Default Re: Quick question - Desperate for help!!!!

    I am going to send this to my local court together with the interesticon spreadsheet.
    3 copies of each N1 + schedule.

    Can I just check, do I also send the above to my bank aswell?
    No
    Presumably I just wait to hear from the court?
    Yes
    Will they ask for payment then or do I need to settle up now?
    They will want payment with the claim.

    I intend to pay by credit card.
    You will need to do this in person


  13. #13
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    Default Re: Quick question - Desperate for help!!!!

    I intend to pay by credit card.
    payment in person to the court.. unless.........

    you use MCOL

    payment can be made by card then.

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  14. #14
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    Default Re: Quick question - Desperate for help!!!!

    Thank you both for all your help, massively appreciated!!

    Wish me luck!


  15. #15
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    Default Re: Quick question - Desperate for help!!!!

    Not that you will need it as its just a formality.

    but....

    GOOD LUCK!!!!!!

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  16. #16
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    Default Re: Quick question - Desperate for help!!!!

    Hello - me again!

    I've just had a sudden panic, whilst i was recalculating my interesticon I realised that I had actually entered a bank charge twice, therefore the amount i am claiming for on my N1 for is a little different from the amount i have been quoting the bank in previous correspondance (£30 less).

    Does this matter - I really don't want to have to start all over again!

    :-|


  17. #17
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    Default Re: Quick question - Desperate for help!!!!

    No, you can amend your claimicon (up or down) right up to filing. The main thing is to file the correct figures.


  18. #18
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    Default Re: Quick question - Desperate for help!!!!

    Fantastic, thank you!!!!!


  19. #19
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    Default Re: Quick question - Desperate for help!!!!

    Sorry to hijack your thread, I have been trying to post a new threadicon to no avail, and my question is kind of related.

    Since I have now received and completed my allocation questionaire, I was reading through the next steps to prepare in advance and noticed this (related to filing court claim)

    If filing with moneyclaim online, "You cannot include your schedule of charges here, you should post 2 copies of your schedule to the Northampton Bulk Processing Centre the day you issue your claim, so that the schedules can be served with the court papers."

    I only stated how much I was claiming for, and never posted the schedule of charges as indicated above, although Barclaysicon have had a copy sent to them when I wrote directly to them (2 letters in total).
    I noticed in the bank's defence that they state no detail of charges has been supplied by myself.

    I am in dog doo now, should I cut my losses and run, or, keep going and wait for a court date or settlement ?

    Thanks in advance.



    Sorry again for the hijack :o


  20. #20
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    Default Re: Quick question - Desperate for help!!!!

    Include a schedule with your aqicon and mention the fact in Section G.

    I filed my claim via Money Claim On-line and therefore was unable to attach my schedule of charges. Copies had been supplied to the Defendant on two previousl occasions. A further copy is attached.




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