Marlow vs Lloyds TSB

[Rachel27]

Right i am about about to file a claim at court for the remainder of the charges that TSB owe me.

 

Should I attach the spreadsheet I originally sent and highlight that £750 has been credited to my account and I am claiming the balance remaining?

 

Also, i have never included the interest on my spreadsheet that i was charged on the statements. Is this what the 8% calculation covers or should I be adding that to the spreadsheet plus the 8% charge.

 

Would be very grateful if anyone could answer the above questions so i can submit my claim asap.

 

Am definitely going for this but am now a very nervous claimaint!!!

[GuidoT]

See my post 47 on your thread. Yes the 8% covers statutory interest and you cannot claim this on charges that have been paid prior to the filing of the claim and show the deduction calculation somewhere (it does not matter how you do this as long it is clear).

 

You can the claim the 8% on the balance of charges.

 

You have nothing to be nervous about - we are all here to support each other.

[Rachel27]

I did read your post 47 but I was wondering whether i should submit the whole spreadsheet and state that out of the above amount owed, £750 has been paid. (and I am waiting until next week to submit my claim as £60 will be added to it on 1st Feb!!!).

 

Thanks for your comment on the interest, i wont be adding what i have been charged along the way but will show the 8% once i submit the claim.

[GuidoT]

Answering your first paragraph - yes.

 

Just to be clear on the interest, if your claim is for £1,000 and they have paid you £750, you can only claim the 8% on the balance, i.e. the £250.

[Rachel27]

OK thanks for clarifying, I assumed thats what you meant. Am going to try and sort the spreadsheet out now - not great on excel though unfortunately!

[Rachel27]

Oh I am stuck!!!!! I have sorted my spreadsheet to show the amount owed after TSB have paid £750 into my account so thats done. Went onto the online moneyclaim site, but I cant see anything in the templates library that shows me how to complete the online form. I have found the court bundle zipped document but that has gone right over my head and I am confused!!!!! Has anyone out there got the patience to deal with a complete dimbo and help me please?? Sorry!

[BARTY]

Hi

Link below will help with your Particulars of Claim:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/34887-5-money-claim-line.html

 

Are you stuck on any other parts?

 

Barty:)

[Rachel27]

OK i have clicked on that link, and i think i am supposed to use the wording given there but i need to know how to lodge the claim with court? From what i am reading it is better not to do it online - is that correct?

[GuidoT]

I think you need to go here:

Her Majesty's Courts Service

 

I prefer not to file on line, much prefer traditional N1 by post:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[Rachel27]

Thats perfect - exactly what i needed, so is it right that i just copy the paticulars of claim template onto my N1 hard copy?

[GuidoT]

Yes if you intend posting, cut and post the POCs into hard copy of N1 (use the PDF) and as per the link in my post 59 complete the remainder of your N1 and attach a copy of your charge schedule and a cheque and post off.

[Rachel27]

Sorry i am confused, how can i paste my replies into a PDF?

[Rachel27]

I think i understand it now, do i print 3 copies off and fill in the forms in writing?

[Michael Browne]

Sorry i am confused, how can i paste my replies into a PDF?

This PDF allows you to paste (or type) in each section.

When complete, print off a few copies, because you cannot save it.

[Rachel27]

HELP PLEASE....

Have finally got my head around completing the N1 but can anyone clarify the difference between the overdraft interest and the s69 charges (copied from the help document). On my spreadsheet I only have the 8% interest calculated and am not sure where this should be inserted on the court document.

 

Charges £xxx.xx

Overdraft Interest £xxx.xx

Interest under s.69 County Courts Act 1984 £xxx.xx

[Michael Browne]

Overdraft interest is the proportion of general overdraft interest that has been charged on your penalties. If you haven't claimed this just delete it.

[Rachel27]

I didnt realise i could add that amount!

I am now stuck on the 8% amount my calculations are as follows:

+ £1047.50 Actual charges

+ £83.26 8%

- £750 Paid by TSB

£380.76 Owed to me

 

But how do i work out what portion of the balance owed to me is charges and what portion is the 8%? Sorry was never very good at maths!!!

[Rachel27]

As the TSB have paid £750 into my account, I am submitting my court N1, attaching the spreadsheet which shows the full amount owed (including the 8%) with £750 deducted from the total.

 

Because I cannot get it to tally up, I am not breaking down the actual charges from the 8% on the N1 form -if this is incorrect, can anyone shout now please before i submit it to the court.

 

If it is wrong, i dont see how i can do this.

[GuidoT]

Deduct the most recent charges that equate to the £750, this will probably result in claiming one partial charge to get it dead on the £750. This then has the minimum effect on your interest calculation.

 

Show your interest deduction calculation so that it does not subsequently get deducted again when the matter settles.

 

You calculation in post 67 is not quiet right. It is 8% per annum not a straight 8% of the total charges.

 

Have you used this spreadsheet, it calculates it all for you?

http://www.cag-files.co.uk/barracad/Spreadsheets/England/Simple-charges-calc.xls

[Rachel27]

Have finally got my head around this (I think). FYI I did use the simple spreadsheet that was attached in the above thread.

So how should i submitt this to the court? I am thinking of sending two spreadsheets, one showing the original charges with the 8% and the second showing those charges but with the £750 that has already been paid to me in a different colour. There is a partial charge to make this amount correct - how should i show that? Is this definitely ok to send to the court this way? I dont want to get this far for the paperwork to be wrong.

[Rachel27]

HELP WITH FINAL QUESTION BEFORE I SUBMIT N1 TO COURT PLEASE

 

Further to my earlier thread, I have decided to submit both spreadsheets as attachments to the N1. One final point i need to clarify though, under the value section of the N1 I have listed the following:

+£1047.50 Charges

-£750 paid into my account by Lloyds TSB

=£297.50 Due

+£59.77 Interest under s.69 county courts act 1984 (THIS IS THE 8%)

+£50.00 court fee

£407.50 TOTAL CLAIMED

 

However, on the helpsheet for the N1 form it says

 

"Plus interest pursuant to s.69 county courts act 1984 from date of issue to date of judgement/settlement at £xxxx per day (enter daily rate here - charges + od interest) x 0.00022 = pence per day) or at such rate and for such periods as the court deems just"

I have left this paragraph out completely on my N1 form as i didnt understand it. Will i be putting my claim in doubt if I dont include this?

[nicsussex]

What might put your claim in doubt is the fact that you haven't added up properly - the above figures come to £407.27 - best to check these things.

[nicsussex]

And you would be letting them off 9p a day if you were not to add interest up to the date of judgement. May not seem much but with the courts jammed up may soon add up!

[Rachel27]

My typing error, it says £407.27 on the N1.

So is that paragraph a different interest claim from the 8% thats on the spreadsheet then?

[nicsussex]

That is the daily amount that interest under s69 is at accruing at