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Hi,

 

I'm attempting to fill in a N244 form in order to amend my claim to include removal of a default which was recently served on me (since the claim was issued) and is entirely a result of charges. I was wondering if anyone could help me out with this because I'm not sure what to fill in in certain sections.

 

Firstly, I'm not sure what to put in part A(2): State clearly what order you are seeking and if possible attach a draft.

I'm assuming something along the lines of "I respectfully request that my claim be amended to include removed of a Default Notice incurred entirely due to the charges which I contend are unlawful in this claim". Is this right?

 

Then I'm not to sure what to put in the next section, A(3): Briefly set out why you are seeking the order. Include the material facts on which you rely, identifying any rule or statutory provision.

If i'm understanding this correctly I'm thinking something like "I believe the amount owed upon which the Default Notice has been served is unlawful. Furthermore, the amount was in dispute some 6 weeks before the Default was filed, and as such by registering the Default with the credit reference agencies, the Defendant has breached the Banking Code s13(6). I also intend to prove that as the charges are unlawful, this action was unnecessary and defamatory, as such is a breach of the Data Protection Act s10(1)".

 

I'm then assuming I need to tick the boxes that say I wish to rely on (1) my statement of case, and (2) evidence in part C to support my application (where I will set out in detail exactly why they should remove the Default)?

 

Any help gratefully received!

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

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MIndzai

 

this is what i put on my N1

 

b) the removal of the default applied to the Claimants Credit file by Abbey National. Under section 14 of the Data Protection Act 1998, a Court has the authority to order the removal of inaccurate data. It is my belief that Abbey National PLC entered details of this default solely due to the level of unlawful charges imposed on my bank account prior to May 2006, specifically that the default amount was the sum of £xxxxxx and the level of unlawful charges was £xxxxxx

 

If its of any use feel free to use/amend it. Id credit the original author but i cant remeber where i stole it from but thanks to him or her anyway.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Nice one Glenn cheers

Mindzai & Lucid vs Lloyds TSB

 

Mindzai's Account - Partial settlement offer rejected

Joint Account - Partial settlement offer rejected

_________________________

Spreadsheet for compound contractual interest and statutory (s69) interest:

Download v1.9 [Tested with Excel 97-2007 and OpenOffice 2]

PLEASE NOTE: You should fully research contractual interest before you use that functionality of this spreadsheet. If in any doubt please use it to calculate 8% interest under s69 County Courts Act 1984.

Link to post
Share on other sites
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