Big Andy

[Michael Browne]

You can amend your claim with N244 + £35 fee (unreclaimable)

 

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

 

Part A

 

intend to apply for an order that:

amends my particulars of claim

 

because:

my particulars of claim did not include statutory 8% interest permitted under Section 69 County Courts Act

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim, amended to include the statutory 8% interest permitted under Section 69 County Courts Act, as well as an amended schedule of the amount claimed showing s69 interest calculation

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

 

N1 PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982.

6. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

 

b) Court costs;

 

c) Interest pursuant to S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim as per spreadsheet calculation] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

 

Write and underline the changes to your POc's in red

[Andy Fairgrieve]

You can amend your claim with N244 + £35 fee (unreclaimable)

 

With regard to the N244 -

Top left hand box:

1. Tick c), without a hearing

Leave the rest blank

 

Ta very much mate it would have been an expensive mistake.Better £35.THan £1000.I have saved the info and will get right on it

[Andy Fairgrieve]

I use form N244 to add on the 8% interest that I forgot to add and handed it in to the court who duly served it on abbey and the court then let me know that abbey filed an acknowledgemen of service on03/01/07. Yesterday I recieved a letter from abbey offering me 50% of my claim £3083:30 which was to include GOGW £1065 Interesingly they calledthe charges " liquidated damages" and not penalty charges thereore valid pre-estimates of loss new one on me I now await my allocation questionairre

[Andy Fairgrieve]

HELP PLEASE I read somewhere a few day ago that there is some updated information on allocotion questionarres but I cant find it as I am awaiting one I want o be prepared can any on tell me where to find it

[Michael Browne]

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

[Andy Fairgrieve]

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

 

 

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

 

Thanks mate you have been a big help troughout my efforts to reclaim my charges Someday I would love to buy you a large foaming ale and a dram (a nippy sweetie from Gods country) If youre ever near Lancaster let me know

[Andy Fairgrieve]

Hi Andy

 

First complete the n1 forms as per the template, take them to the court and have your claimed issued.

 

Then you have a month to wait before you need to complete the Allocation Questionnaire,a nd then after that probably at least another month before receiving an inlking of a hearing date.

 

So dont worry you hve plenty of time to read and digest the information on the site before you need to consider bundles etc.

 

Theres links to the N1 form and template in my signature below.

 

BEst wishes

 

Karne

x

cheers mate all done & awaiting AQ acknowledgement of service 03/01/07

[markmajor]

I would like some advice please. Sent abbey court action letter and they replied with a offer of £60 for a £1200 claim,ha ha.Shall i just fill in the court forms forms or shall i reply to their letter declining the offer or both.Thankyou.

[Andy Fairgrieve]

respectfully decline thier offer and proceed with court action

[markmajor]

Cheers

[Andy Fairgrieve]

Filled in my allocation questionnaire last night and am going to send it to the court today the day of judgement looms closer and closer and I am looking forward to it I will keep everyone informed of my progress total claim 8k less GOGW £1038