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enigma
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Hi

 

I received my letter form Anita Hicks today at Barclays stating how sorry she was that I would not be accepting her 50% offer and basically saying where see you in court.

 

Can anyone help with a few questions about the claim form N1:

 

1) The section for brief details of claim, what wording should I use.

 

2) Value, Should I brake it down as follows: £ Bank Charges

£ Overdraft Interest

£ 8% As allowed by the court

£ Total

 

3) Where it says amount claimed do I put the total as above and they have a separate space for court fee.

 

4) Particulars of claim, is it ok to use the template in the library section - particulars of claim hard copy.

 

5) I am with the Woolwich but all my correspondence has been with Anita Hicks at Barclays, who am I taking to court The Woolwich or Barclays.

 

I would be grateful if anyone can help with any of these questions.

 

Thanks

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Okay, here goes:

 

1: Give a brief brakedown of the reason you're taking the action, and something along the lines of "I realised that the charges may be in breach of the Unfair Terms in Consumer Contracts act on and wrote to advise my bank of the situation, and to ask for a return of the charges. They have refused to either return the money or agree to be bound by the terms of said act, so on I warned them that to refuse to comply would lead in court action. They still refused to comply."

 

2: Yes, that's a reasonable way to express the amount, except you should also put the court costs here (specified as costs) since you will also be claiming this amount.

 

3: Give the total minus the court costs here. Use the box provided to give the court costs.

 

4: It's okay to, but it's a lot better if you personalise it with details applicable to your own particular case, rather than just put in the particulars of claim from the library verbatim. Courts prefer a personal touch, it gives them more of a sense that you're doing this because you regard the situation as unfair to you personally, rather than are just following someone elses guidelines.

 

5: You're taking the organisation you've been talking to to court. I'm not sure why you'd be talking to Barclays about The Woolwich, but the bank you need to sue is the bank that holds the account in question. If this account is held at a branch of Barclays, sue Barclays. If it's held at The Woolwich, sue the Woolwich. The only caveat there is if you're suing the Woolwich you should perhaps put an extra step in threatening The Woolwich as an organisation with legal action, but CC'ing Anita Hicks in on it so that The Woolwich have no excuse to claim they weren't given a chance to settle.

 

Hope this helps some.

 

-=Vixy=-

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  • 12 years later...

This topic was closed on 03/06/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

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