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stoppaRed

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  1. There are some threads about YB asking for claims to be struck out because the N1 ( or MCOL) was only in 1 name. I have 3 claims to put in 2 single and one joint. Can anyone show me where these threads are please? I need to know whether to start a claim separate for all 3 or 1 claim for all 3. Thanks
  2. Been searching the forum for the letter to get details of closed account but cannot find it. I have 3 accounts closed 2 years ago. Anyone direct me at all please?
  3. Another quickie My OH and I have 3 accounts ( closed) two are in each others sole name and the third is in joint names. Would this invlove 3 court claims or can they be lumped on to one N1 form and claim for all 3 at once?
  4. I am using the following POC template, is this OK? ( Thanks BF!) IN THE ANYWHERE COUNTY COURT BETWEEN JOE BLOGGS CLAIMANT And GRABBBIT BANK LTD DEFENDANT PARTICULARS OF CLAIM 1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ] 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. Accordingly the Claimant claims: a) the return of the amounts debited in respect of charges in the sum of £ 3 and interest charged thereon in the sum of £ b) Court costs; c) interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 6th November 1901 to 5th November 2006 of £3000, and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 99p I believe that the contents of these particulars of claim are true Signed: Date:
  5. Filling in the N1 form on Monday, ready for Tuesday. Could someone help me with s69 CC interest? On BF's template it says the following: interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from 6th November 1901 to 5th November 2006 of £3000, and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 99p Is the bit in bold ( red), the date of the first charge on the account? And the bit in bold ( blue) the date of the N1 claim? Can I use Vamps advanced s/sheet's automatic calculation for this 8%? Is it necessary to include the date of opening the account in the POC or can you put something along the lines of; The claimant has had this account with the defendant now for a number of years....? Thanks
  6. Hi, Fantastic letter! But, I'm confused! I understood that Cobblers part 18 came with their defence. So what was your reply to their part 18? And I assume you will have to get that back quickly before you send in the AQ?
  7. Thank you for your replies. The interest was calculated using vamps complex or advanced s/sheet. I simply entered the date, amount debited in interest and the balance at that date and the s/sheet entered a figure. Is that correct? ( It is not the Couny Court 8% interest , that will be added on when I fill in the N1 form) Caro, yes they are all personal, 1 in my OH name, 1 in my name and 1 in joint names. Is this still OK to put them all on 1 N1 form?
  8. Hi, Are the templates SAR, LBA and POC the same for a ltd company. Have been trying to search threads but cannot find anything
  9. Acc 1 Charges £ 2948.00 interest £90.22 Acc 2 Charges £ 2565.00 interest £93.33 Acc 3 Charges £ 1419.00 interest £90.65 My dilemma is, do I go for the whole lot in 1 claim in the multi track, or split them up to both go in the SCC? I realise someone is going to say ' it's up to you' but what are the pros and cons of both ways? Who feels it is better one way or the other and why? Thanks in anticipation
  10. Laterus, may I just compliment you on an excellent explanation. This is the way I have done it, but I read a thread earlier in the week and they said that interest should not be claimed at this stage and ONLY the 8% at the N1 stage. So, I am glad you have cleared this up and I will be aslo claiming 8% interest on this interest at the court stage. Once again thanks
  11. I have 3 claims going in with: HSBC 25/12/06 NAT WEST 20/12/06 HALIFAX 25/12/06 Not one has replied to either prelim or claim. The dates naext to the banks are the 14 day deadline for a reply. Is this usual? after reading hundreds of threads, I thought I would at least get a sod off letter if nothing else? All letters were sent rec delivery and all have been signed for. Any thoughts from you excellent helpers? Also, the AQ- I understand the £100 is for claims of £1500 or over. Is there a fee for claims under £1500?
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