xoxnitaxox V Natwest

[xoxnitaxox]

If I remember rightly. The part on the N1 form your on about is in the partiulars of claim. you total up the charges and interest here. The section 69 interest is added later. One point... when filling in the form don't put the fixed amount in the box bottom right. Just fill in the "Value of Claim" section. i.e...

 

I do not expect my claim to exceed (for instance) £5000

Charges: £1000

Interest on charges: £500

County Courts Section 69: £300

 

Dont copy those figures.. just an example.

 

Also... I guess you think your exempt because your on benefits? If this is the case, certain benefits make you exempt automatically. Unfortunately, you can't submit the forms online. Find out where your local county court is. If your unsure about the fees, phone and ask, mine have been very helpful. To submit the forms, you'll need proof of the benefit you're on, this needs to be an award letter that's no older than about 3 months (I think) might be 6 months.

 

PM and let me know what benefit you are on, and I'll get back to you asap.

Nita

[muggins73]

If I remember rightly. The part on the N1 form your on about is in the partiulars of claim. you total up the charges and interest here. The section 69 interest is added later. One point... when filling in the form don't put the fixed amount in the box bottom right. Just fill in the "Value of Claim" section. i.e...

 

I do not expect my claim to exceed (for instance) £5000

Charges: £1000

Interest on charges: £500

County Courts Section 69: £300

 

Dont copy those figures.. just an example.

 

Also... I guess you think your exempt because your on benefits? If this is the case, certain benefits make you exempt automatically. Unfortunately, you can't submit the forms online. Find out where your local county court is. If your unsure about the fees, phone and ask, mine have been very helpful. To submit the forms, you'll need proof of the benefit you're on, this needs to be an award letter that's no older than about 3 months (I think) might be 6 months.

 

PM and let me know what benefit you are on, and I'll get back to you asap.

Nita

 

Thanks very much for your input (if there was an icon for a big sigh of relief, it would be entered here, without a doubt!!)

 

With regards to the exemption fee I've done my homework and taken the time to go through the courts service website (as per the FAQ's) and have bothered to phone my local county court to test the water. I'm pretty sure that as I receive Child Tax credit I will be entitled to this automatically but I wont know for sure until they process my application and claim form jointly.

 

:DThanks for the clarification, though, good to know that I'm getting the hang of this!!!

[xoxnitaxox]

Been doing your homework

 

CTC is a benefit I'm not sure is covered but as you say - will know when you submit the forms. Good luck

 

Keep us all posted on your progress!

 

:grin:

[muggins73]

Sorry, call me stupid, but I got sooo excited with the fact that someone had finally responded to my query that I forgot to ask the following...

 

If I total up the charges and interest, that means total penalty charged + 8% on penalties, right? (righthand section on the complex schedule template)

 

And Section 69 is the Interest on penalties + 8% on interest on penalties (lefthand sectin on said schedule)

[xoxnitaxox]

Someone correct me if I'm wrong....

 

The 8% is seperate to all the rest. Total up your charges and the interest you were charged on them.

 

Put the 8% in seperatly later in the form. I used the simple spreadsheet, tbh it was a lot easier to understand. If you need a hand... I can look over the spreadsheet (or your charges). You're lucky I have naff all to do tonight :-P

[muggins73]

hmcs EX160A booklet 'Court fees do you have to pay them?' states that

'You will be excempt from paying a fee if:

your gross annual income is less than the current cut-off and you and your partner receive WTC and CTC between you'.

My fingers and toes are crossed, cause it all helps!!!

[xoxnitaxox]

Ah I didn't read it. I just phoned them. Obviously you won't need to pay then. Let's hope things move quickly and your paid up before Xmas.

[muggins73]

Someone correct me if I'm wrong....

 

The 8% is seperate to all the rest. Total up your charges and the interest you were charged on them.

 

Put the 8% in seperatly later in the form. I used the simple spreadsheet, tbh it was a lot easier to understand. If you need a hand... I can look over the spreadsheet (or your charges). You're lucky I have naff all to do tonight :-P

 

Again whilst doing my homework (and spending at least another three hours reading material within the FAQ's in this forum!!!), I found this.....

 

Step 7.) Making Your Court Claim.

 

At this point you claim the 8% interest, so don’t forget to include this in the Value section

Don’t forget to include 2 copies of your schedule of charges with the 8% this time.

It's a tad confusing, isnt it?

[xoxnitaxox]

That's what I was saying. In the particulars (and the brief details of claim) on the N1 Claim form. You put in the amount plus interest, and later add the 8% (in the value section).

 

It's very confusing, I had fingers toes and everything else crossed when I tookt eh forms to court. The nice lady there checked them over for me though, so knew before they were processed that evererything was in order.

 

Oh btw: make three copies of the forms. The court will want 2 and you need to keep 1 for yourself.

[muggins73]

Just had another look through the hmcs website and there is a section on how to work out the interest when making a claim.

Decided to enter the total amount of penalty charges and the interest on penalties seperately on the particulars of claim as follows:

 

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of the penalty charges to the sum of £xxxxx and any interest thereon as set out on the attached schedule of charges;

b) Court costs (if applicable);

 

The section 69 bit is the 8%, which as you quite rightly advised, comes later on in para 5c) on the particulars of the claim.

 

I think either way they'll get the jist!!!

[muggins73]

I've had another butchers at the hmcs website and there is a section which explains how to work out the interest when making a claim.

 

I've opted to do the following:

 

Particulars of Claim.......

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of penalty charges to the sum of £3,400.00 and any interest charged thereon as set out on the attached schedule of charges;

 

b) Court costs (if applicable);

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached schedule of charges or at such rate and for such periods as the court deems just.

This is the nasty 8% part, if I'm not mistaken. So you were quite right in wot you said originally, cheers.

[muggins73]

Sorry for the double thread, this blasted computer keeps crashing, I've been losing things all day.

[muggins73]

Nope, scrub that. After receiving your last thread 22:06 I've done as you've advised (told you my computer was playing up).

I am now putting everything into an envelope and finally getting rid. Yip-pee!:grin::grin::grin:

[xoxnitaxox]

lol, you were having fun last night!

 

Good Luck Hun.

[xoxnitaxox]

Well.... got mail yesterday and had to sign for one from Cobbetts... I figured it was their defence from the Visa I'm claiming back from them as they haven't filed that yet... but, it was a lovely big cheque... they paid up. Of course it's a "goodwill gsture" but i don't care... it's the full amount I was claiming. So... finally won the gits! hehehe

[Guest NATTIE]

Congratulations!

[xoxnitaxox]

Cheers All I have to do now is start the whole wretched thing again to claim back the £201 they've charged me since I put in the other claim. Although am starting that with no worries.

[Shelty]

Brilliant....loads of us got cheques yesterday ! :grin:

[jane641]

CONGRATULATIONS!

I also got my cheque yesterday!!!!

Enjoy spending.

I am also going back to beginning as starting off a claim for my hubby, so speak to you soon re that, hee.

Jane

[xoxnitaxox]

It's been a good couple of days - and seems that way for most people. It's good people are getting things sorted before Christmas. What's going to be nice (once other has paid up) is not spending december worrying about January's bills!! I don't have much left over once I've paid my debts... just enough to cover christmas.. but at least I'll be debt free next year. A good start to 2007

 

Well done you two.

[Clarky]

WELL DONE.......... CONGRATULATIONS!!!!!!!!!!!!!!!!!!!!!

Really pleased for you hun....hope Im not too far behind!!!! (although I have already won in theory)

 

Enjoy the spending and have a great Christmas!!!!!!

 

Clark xx:p

[xoxnitaxox]

Ok so, i won this one... but - the natwest visa one is still ongoing. i did recieve an offer for just over half last week, but have said no. Got a letter from court today saying:

 

The Claimant shall by 4:00pm on 13 December 2006 file and serve an amended claim form or particulars of claim to include all matters identified at paragraph 4 of the defendants defence dated 8th november 2006.

 

this is the defence para 4:

 

In relation to the allegation that the contractual provisions pursuant to which the charges have been applied are unenforceable by virtue of the unfair contract terms act 1977 and/or the unfair contract terms in consumer regulations 1999 and/or the common law, the claimant is required to identify:

4.1 (a) the section(s) of the unfair contract terms act 1977;

(b) the regulations of the unfair contract terms in consumer regulations 1999; and

© the principles of common law relied upon by the claimant in alleging that the contractual provision(s) reffered to are unenforceable; and

4.2 the contractual provision(s) that the claimant allege are invalid by reference to UCTA 1977 and/or Regulations.

 

 

Someone help! I have no idea how to reply!

[xoxnitaxox]

Anyone?????????????

[xoxnitaxox]

SOMEONE???????????? lol

[MARTIN3030]

Onto this Nita just bear with us