Kerryl217 v Natwest

[kerryi27]

Hi,

this is the first time i've posted. I have been following the step by step instructions to claim my charges back from NatWest. I am at the court process and I have received a letter back saying Natwest are going to defend. But have just realised that I have claimed for the wrong amount as i have calculated my charges including my advantage gold costs which you can not claim for.

Does anyone know if I can change the amount I am claiming for or have I mucked it up because I have stated on letters to bank how much they owed me and sent the list of charges.

 

If I can amend can anyone tell me how to go about it.

 

Any help will be very much appreciated.

[natsmanc]

Hi Kerry

Dont worry, you can apply to the court to have your claim amended which will cost you 35.00 (non refundable). You can download the necessary application form from the Moneyclaim online site.

 

Good Luck

 

Natalie

[kerryi27]

thanks Natalie,

 

am I right in assuming I should write to Natwest and tell them i realise I have claimed too much, confirm new amounts and attach a new list of charges to them and should I also send them to their solicitors.

 

kerry

[Deller]

You need to amend your claim, down load the n244 form below and submit it to the courts with your correct schedule of charges.

 

You wil have to pay £35 to amend your claim and this is not recoverable, but at least you realised it now and there should be no cause for your claim to be struck out.

 

 

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/GetForms.do;jsessionid=CB1C579887F545ACC22FBEFA54B30826

[kerryi27]

Thankyou Deller1,

 

Shall I also write to natwest to notify them and send an updated schedule of the charges I am claiming or is it not necessary.

 

I have been reading about your own fight with Natwest.

 

Best of luck!!

[claire78]

Hi Kerry,

 

No, you don't need to write to Natwest, the court will send an amended version to them.

 

Please can you set up a thread in the Natwest forum for your claim, we can offer help and advice there

[MARTIN3030]

Done for you.try and keep all your posts in here !

[kerryi27]

thankyou.

 

I have downloaded the form to amend my court claim but it is very confusing. Does anyone know if there is anywhere on this site which explains how I need to fill the form in.

 

I was at the letter before action stage with natwest Credit card and they have sent me a cheque for £145.16 today which is the full amount.

 

So thanks very much to the consumer action group.

 

Will definitely be donating!!

[Deller]

Which part don't you understand kerry??

[Deller]

Right Kerry, just found this for you, hope it helps.

 

 

 

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to particulars of claim in respect of total claim value

 

(because....) the claimant is now aware that an error was made in calculating the amount owed

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim in respect of the claims value only.

 

 

Please find attached to this application my proposed new particulars of claim, amended to represent the correct claims value, as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

 

 

Fill in an N1 using the POC's here:

4. Particulars of claim - N1 - hard copy version

 

Take 3 copies of the N1 and 3 schedules with the N244 and £35 fee to the court. They will send 2 back to you, 1 of which you serve/send to Nat West's solicitors and confirm to the court you have done so.

[kerryi27]

thanks deller1,

thats a great help. I didnt know where to start.

[Deller]

No problem, if its still unclear let me know and I'll have another search round for you.

[kerryi27]

ok, I have filled in the n244 thanks. now I have to do the N1. This is different to the template I originally used as I did my claim online. Does anyone know what I enter in to the 'Brief Details of Claim Section' .

[kerryi27]

and also if I did my original claim on line should i be making amendments on line. I am really confused.

[The cobbett slayer]

Kerry

 

Slow down a moment, you're confusing me.

 

Your N1 is the original claim, the N244 is amending your original claim so you don't need to do another N1 unless you are starting another new claim.

 

It might help if you can post what you put on your original MCOL just to be sure it was correct

 

Paul

[kerryi27]

Hi Paul,

I copied and pasted this and amended the red bits to suit my situation.

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 6. 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. 7. Costs allowed by the Court.