moneyclaim particulars done before finding this site!

[KATEGB]

SO... I MADE MY CLAIM ON MONEYCLAIM BEFORE FINDING THIS SITE.... AND THIS IS WHAT I SAID....

Over the last six years Nat West have

charged me (a student) and my husband (a

motorcycle technician) in excess of £7000

in unfair bank charges.

These charges have been for exceeding our

overdraft limit,for using our switch card

to pay for items when insufficient funds

have been available,for cheques presented

where insufficient funds have been

available and for unpaid direct debits.

This month (July 2006) I have had £549

taken out of my account in so called

charges not including interest or the fees

applied to my account.

In accordance with the Office of Fair

Trading's announcement of 5/04/06 DEFAULT

CHARGES SET AT ABOVE £12 ARE UNFAIR AND

UNENFORCABLE. To this end we are requesting

that at least £5000 of the money taken from

us be refunded. We have been loyal

customers for eight years. On average £3500

has gone into our account every month. Each

month we have paid interest and bank fees

for theprivelage of banking with Nat West.

 

[KATEGB]

ok so nat west filed their defense...and now i await to read it...then i have to file a N244 and an N1 to amment the above botched up claim!

[KATEGB]

DETAILS OF DEFENSE:

(AS ANTICIPATED!!!!!)

 

The dependent is embarassed by the lack of particularity pleaded in the particulars of claim to the extent that the particulars of claim fail to disclose reasonable grounds for bringing a claim against the defendant. in particular:

 

'The particulars of Claim set out very few facts indicating what the claim is about, are incoherant and do not disclose any legally responsible claim against the defendant.

 

The defendant invites the claimant to remedy the above....etc etc

[orfoster]

Claimant has account (A/C No/Sort Code) with Defendant from (Date a/c opened)conducted on their standard terms and conditions. Claimant is claiming the return of (£0.00 = amount of charges claimed) taken by Defendant in charges over (X) years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also 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 they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

Thats what i used, have seen others using it as well. If you find it ok i would use this one and as they say "remedy" it. Good Luck.

Shout if you need our help.

 

 

[KATEGB]

ok guys help. advice to date re my situation:

1. do an N224 AND an N1

2. Because they have taken over 7000 from me claim for 4999 + 8% interest + s.69 interest + costs. (to keep it in small claims court)

Then when they offer 100% settlement tell them they can settle the further 2000 or wait for it to be claimed back with interest and costs.

Right?

Questions?

When I write back to them what do I send?

where do the N1 and N224 GET DONE AND SENT TO?

 

HELP HELP HELP

AND THANX THANX THANX FOR ALL YOUR HELP ALREADY!!!!!!!

[KATEGB]

OK KARNE ...AND THANX FOR SPEEDY RESPONSE!

so i dont need to write back to Cobbetts because in doing the N1 and N224 they will hear the ammended info from the court yes?

[KATEGB]

What Happens To The Other 2 Copies?

And What Are The Time Frames Associated?

[KATEGB]

AHHHH sorry! karne u rock ! thanks so much! will keep y'all posted!!

[KATEGB]

hey guyz...

Received an AQ today as well

what do i do?

do i fill it in and submit or do i do the other above mentioned first???

 

heeellllppppp!!!