Rivendale's Brother's claim against Lloyds

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Hi rivendale,

 

I hope (!) in your original Particulars of Claim filed with the court that you made it clear the interest you were claiming was pursuant to section 69 of the county court act 1984 at the rate of 8% a year? In which case, I would say your best course of action would be to send a letter to the judge clarifying that it will be very difficult to calculate the relevent unauthorised borrowing interest rates for each individual claim - obviously, attaching another copy of your schedule of charges.

 

Something along the lines of:

 

As stated on my initial particulars of claim, I am claiming for a total of £xxxx.xx from the period dd/mm/yy to dd/mm/yy. I am not claiming the unauthorised borrowing interest, however as detailed in the attached particulars of claim and subject to section 69 of the county court act 1984, I am claiming interest at the rate of 8% a year.

 

I have endeavoured to contact the County Court to clarify this issue, but have been unsuccessful in doing so. I would politely request, if you most definately require the unauthorised borrowing interest rates which I am not persuing to fairly evaluate my claim, that you contact my as soon as possible so I can acquire this information from the defendent to provide you."

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How's that for service

 

You're right, it is very odd. I'll drop a note to one of the mods for a bit of advice, but personally I'd say your best bet is to go ahead with a note similar to that I wrote above to clarify the situation - just in case the judge didn't have his thinking wig on.

 

You may well want to see about nipping in to your local Lloyds branch though, and see about getting a copy of the terms and conditions for the account type you have. Should have the unauthorised borrowing interest rate currently applied in there - if possible, obviously, dig your original out too.

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Hiya Rivendale,

 

Didn't realise, but the N244 is actually available on the HMCourts site:

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForm.do?court_forms_id=484

 

Here's a suggested entry though.

 

PART A

 

... I would like to ask the court permission to amend my claim xxxxxx deemed served on Lloyds TSB on xx/xx/xx.

 

because

 

- An error in the particulars of the claim was made regarding reclaim of interest.

 

 

Part B

 

I wish to rely on: tick one box

 

- Evidence in Part C in support of my application - tick this one

 

 

Part C

 

I wish to rely on the following evidence in support of this application:

 

Please refer to the attached schedule of charges as well as the amended particulars of claim.

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Will work for cigs and booze