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Which type of claim is best? N1 (hardcopy) or MoneyClaim?


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Hi,

 

I'm now at the stage to submit my claim to the Court. But before I do, could you give me your thoughts and comments as to the following question?

 

Which type of claim is best? Using the N1 form (hardcopy) or MoneyClaim (online)?

 

I ask this as I'm wondering if the character limit on the online form has had a negative impact on anyone's claim?

 

This is my wording that I have pulled together for the MoneyClaim site (yet to be submitted), does this read 'ok' to submit?

 

"The claimant has had a contract with the defendant bank and held 2 accounts with them since 13Aug2002 and which are conducted on their standard terms & conditions. I am claiming the return of money taken by the defendant in the way of charges since August 2002. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Unfair Terms in Consumer

Contracts Regulations 1999. Para.8 and sch.2 (1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

The charges applied to my accounts are: Acc xxxxxxxxx: £150 /Acc xxxxxxxx:

£520. The claimant also claims interest under s.69 of the County Courts

Act 1984 at the rate of 8% a year from 13Aug2002 being £131.84 to date

 

 

All guidance and comments would be gratefully received.

 

Cheers

Neil.

Need advice re my Egg CCA

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In terms of which is 'best', as you correctly note the N1 does give you more elbow room to work with, and the Moneyclaim online can be quite restrictive. In terms of a negative impact though, I don't believe anyone's reported having any problem with one method over the other - best to check with a mod if you want to be 100% sure, however.

 

As to your claim though - looks fine to me. The one I've filed so far is available for viewing in my reload vs lloyds thread (link in sig), if you want a comparison - but like you, I've pretty much stuck with the standard template available in the library.

  • Confused 1

reload vs Lloyds - £2703.11 Settlement Reached 14/07/06.

reload vs Lloyds Round 2 - Prelim sent 27/03/07. £435 owed.

reload vs Capital One - £456.57 Settlement Reached 14/07/06.

reload's mum vs Barclays - £745 owed. £375 partial settlement reached 17/10/06.

Lloyds Bank - The Template Response Letters!

 

Advice & opinions of reload are offered informally, without prejudice and without liability. Please use your own judgment. Seek advice of a qualified insured professional if you have any doubts.

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