Can anyone give me the address to send my initial letter to claim charges I have occurred form Lloyds:p

What happens to my original claim cobblers only have two more weeks from tomorrow to file their defence. Do the district judge contact them over the amendment. I have not heard from cobblers at all yet:cool:

I ammended my original claim to MCOL on 5th feb received a letter today saying that my case is being referred to a district judge today. Anyone else had this and what does it mean They say it can take 3-4 weeks to receive a response. When my file is returned from the judge they will contact me.

Hi Lee I was informed by HMCS that the new N1 claim form amenments had to be marked in red ie the new amounts maybe I will phone them tomorrow thanks

Hi did you have to highlight the amended parts in red I did the same as you and included some advantage gold fees if so how did you highlight it

I have just filled a N244 for an amenment I have also filled in a N1 after I print the N1 can I use a highlighter pen in red over the amended parts in the particulars of claim also do I highlight if I can use a red pen over the amendments, on page 1 of N1 ie Value. Amount claimed. Toltal amount.

You can use the amendment to delete the service charges and at the same time add the new charges ie an overall increase of £73 in your claim and file a more detailed POC

 

N244 AMENDMENT

 

Quote:

1. Tick ©

 

Part A

 

intend to apply for an order that:

amends my particulars of claim

 

because:

there is an error in the amount claimed in my particulars of claim

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim, and an amended schedule of charges N

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

 

Quote:

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

6. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

 

b) Court costs;

c) Interest pursuant to section 69 County Courts Act or at such rate and for such periods as the court deems just.

Interest pursuant to S.69 County Courts Act 1984 of 8% as set out on the attached list of charges amounting to £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

 

[/quoteThe amendments need to be printed in red on the particulars of claim can you use a red highlight pen over the amended amount after printing also do you need to highlight over the Value. Amount claimed. Total amount on page 1

N244 application notice is this right

Thanks paul form seems really difficult can you help

I filed a claim online but I did not take from charges my advantage gold fees I included it all in my claim + interest cobbetts acknowledged service and are defending it should I do nothing or amend They acknowledged on 26th jan

How do I start a new thread

Thanks michael brown what will happen if I do nothing The form seemed much more difficult than you make it seem is it wise to wait for cobbetts It could mean I suppose another long wait. When I got to the part of the form fees It was £65

I filed my my claim wrong on HMCSOL Just realized I am claiming more than I should cobbetts are defending my claim since 26th jan I have heard nothing from them yet what should I do wait for their reply or contact them will the latter predudice me Help Me

Ive looked on HMCS forms N244 And N1 very complicated should I wait for cobbetts response first as the total claim is £3450 only £122 of service fees wrongly claimed can they use this to their advantage if they proceed further I also have found more charges that i missed totalling a further £230

Thanks NATTIE cobbetts are defending the claim on 26th jan Ive heard nothing from them yet at what stage will I have to pay the £35 and to whom

I filed for a claim on my advantage gold account charges with interest also all my other charges natwest has passed it to their solicitors cobbetts who are defending the claim can I change my claim while it is in the legal process because I cant claim the service charges If I change my claim could the court strike it