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    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
    • The carmaking giant is investing £230m in its Halewood plant, safeguarding 500 jobs.View the full article
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Moneyclaim


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I would use the spreadsheet here as it works it all out for you. It is not as easy as you think as you are claiming back 8% from when the first charge went on, so if it was 5 years ago it works out how much that is. E.G £30 6 years ago might be worth £13 in interest now.

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Help again - getting jittery - do I have to enter all my charge and interest details on to the spreadsheet to work out the 8% interest charge? and do I send this to the courts along with the letter on bank templates and also to the halifax?????? or do I send my original spreadsheet?

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Help again - getting jittery - do I have to enter all my charge and interest details on to the spreadsheet to work out the 8% interest charge? and do I send this to the courts along with the letter on bank templates and also to the halifax?????? or do I send my original spreadsheet?

 

Hi if you have used vamps spreadsheet it will work out the interest for you. If they defend the claim you will recieve an AQ this must be returned to the court within7 days include the spreadsheet. Also you send a copy to the banks solicitor at the same time.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Thanks livelylad - on my statements it only says charges as notified but on the spreadsheet it says cleared transactions and unpaid DD - what do i put?

 

Do you know what the charge is ie was it an unpaid DD or SO or bounced cheque. If you know then put that on the SS

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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I don't know what they are for but they will either be for bounced cheque or direct debit - another question - I put the interest on my statements on the original spreadsheet do I add this to the next spreadsheet?

 

Ok if its for a cheque it should have the cheque number in the transaction column. Please explain what you mean with i put the interest on my statements on the original spreadsheet? Did you add the standard 8% ? I am a little confused by what you mean.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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No I didn't put the 8% interest on - just the interest they had debited on my account - it adds up to a total of 66.73 on one a/c and £340.18 on the other - I presume for going over my overdraft because of these charges. I've just looked at my statement and it doesn't specify what the charges were for. Thanks again livelylad.

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No I didn't put the 8% interest on - just the interest they had debited on my account - it adds up to a total of 66.73 on one a/c and £340.18 on the other - I presume for going over my overdraft because of these charges. I've just looked at my statement and it doesn't specify what the charges were for. Thanks again livelylad.

 

 

The interest you added was it all because the charges put you over your overdraft or did you use your overdraft as well. If you used the overdraft then you can not claim the full amount back as part of the interest was accrued when you used the overdraft.

 

Can you confirm that all the interest was because of charges putting you over your overdraft. If this is the case then this money is reclaimable.

 

 

 

 

 

I am not a legal expert my advice is given without prejudice and is purely my opinion only. If you are in doubt please seek professional advice.

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Help someone please - in my letter to the halifax I have entered all the interest debited on my statements - I'm not sure wether they all refer to the charges that have taken out - shall I just put my moneyclaim in for the actual charges plus the 8% or should I include my interst debited on my statements? How will it look if my orginal claim to the Halifax is different to my court claim?

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Help someone please - in my letter to the halifax I have entered all the interest debited on my statements - I'm not sure wether they all refer to the charges that have taken out - shall I just put my moneyclaim in for the actual charges plus the 8% or should I include my interst debited on my statements? How will it look if my orginal claim to the Halifax is different to my court claim?

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Pleeasse help someone! desparate to do this moneyclaim but do not want to get it wrong - Help someone please - in my letter to the halifax I have entered all the interest debited on my statements - I'm not sure wether they all refer to the charges that have taken out - shall I just put my moneyclaim in for the actual charges plus the 8% or should I include my interst debited on my statements? How will it look if my orginal claim to the Halifax is different to my court claim?

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Guest bluecloud

You can include or exclude pretty much what you like from the schedule of charges.

 

The interest debited on your account can be included as is if you don't have an overdraft. If you do have an overdraft then the calculations get quite complicated and the work required needs to be balanced against the amount you will recover.

 

As long as the final schedule of charges reflects the value of the Court claim and is an accurate list of the charges applied then you shouldn't have any problems.

 

 

.

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Send 2 copies of your schedule of charges, clearly marked with your claim no. + a brief covering letter asking for them to be filed with your claim to:

 

The Court Manager,

Money Claim Online

Northampton County Court

21-27 St. Katharine's Street

Northampton

NN1 2LH

 

Dear Sir/Madam

 

(Your Name) –v- (Bank)

Claim No: ********

Date Issued: xx/xx/xx

 

Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £(AMOUNT).

 

I respectfully request that the enclosed schedule should be attached to the particulars of my claim.

Yours Faithfully

 

When you receive the Notice of Acknowledgement send a copy to the bank’s solicitors.

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Guest bluecloud

Dear Sir/Madam

 

Ref: MCOL Claim Number xXXxxxxx

 

The above claim has been filed with the Northampton County Court.

 

Please find enclosed a copy of the Schedule of Charges referred to in the claim.

 

I would be grateful if this Schedule could be attached to the claim.

 

Yours faithfully,

 

 

yada yada yada

 

 

 

Short and sweet but sufficient.

 

 

.

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