Bev & Tony stuck big time!! ** WON **

[Deller]

Its up to you which spreadsheet you use, depending on whether or not you're claiming contactual interest.

 

For your poc see the links below, one for the N1 form, the other for if you're filing your claim online.

 

Court N1 form

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

 

Mcol Particulars of Claim

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

[Deller]

No you only delete the blue part, where the £ sign is you need to enter the figure for the 8% interest you'll be claiming under section 69 of the County Courts Act 1984. Then the next figure will be your daily rate, you can work this out by taking your charges total and multiplying it by 0.00022.

 

For example: If your charges total is £2000, then the daily rate will be

 

2000 x 0.00022 = £0.44

[Deller]

Oh no!!! The site was dowwn for a bit last nite and I hit send about 12.30. I have got two mistakes in my POC. Shall I ring this now to see if they can change it??? What have I done ???

 

You could try phoning them or visiting the website to see if its not too late to change.

If it is too late then don't panic, you are able to make an amendment but it will cost you another £35 (unreclaimable). It would be better to to get it amended at this fairly early stage rather than having to do it later as this will make the whole process a lot longer.

The other option is to just not claim the 8%, but I personally would go for the whole lot.

 

Any more problems let me know.

[Deller]

That's great news Tony, I'm glad it didn't get too far before it was noticed. Apparantly it can get a wee bit stressful having to make an amendment....loads of forms and stuff. Just remember, in any of the next stages if your not totally sure about something just give us a shout and I'll try and advise you what should be done.

Hopefully it wont take too long to get that £120 back, its a lot of money, especially at this time of year.

 

Keep us posted Tony.

[Deller]

Yes will do. I have been reading the site all night and noticed on "Innocent" thread that he mentioned preparing his folder for court. What would this contain as I probably need to do the same. Also, from reading a bit more I have got the MCOL address and will send my updated schedule of charges to them and ask them to attach it to my claim, is this correct? Should NatWest reigistered office get a copy too?

 

Probably no need at this stage as Nat West will probably now hand your claim over to Cobbetts (solicitors) for any future correspondance, this is normal for them.

 

Hi there

Is that the one titled "Basic Court bundle" about 40 pages long? Do I have to include all my statements relating to the claim? As it goes back 5 years that would be one hell of a lot of photocopying and a massive postage bill or am I misunderstanding?

 

Yes it is the one titled Court Bundle, don't let it worry you though because like Kate has stated, many people actually get court dates but still get settled before. No need to go printing it all off at this stage, well worth a read though!!

[Deller]

This will help you with your AQ Tony,

 

 

See here:

Allocation Questionnaires - A guide to completion

 

You could also propose a Draft Directions Order:

New strategy for Allocation Questionaires

 

Other Information - Section G:

 

 

Quote:

I am respectfully requesting that my claim be allocated to the small claims track.

 

This issue is not a complicated one; it is an issue of fact and not of law. The issue is only whether the money levied by the Defendant in respect of its customer’s contractual breaches exceed their actual costs incurred. I am happy to pay their actual costs and I am surprised the Defendant did not counterclaim for these, because I would have paid them without argument.

 

However, the continuing problem is, (in common with the 100s of other cases currently being brought by other bank customers), that the banks refuse to reveal the details of their penalty-charging regime. As the banks have a fiduciary duty towards their customers, they have a duty to deal straightforwardly and in utmost good faith.

 

Accordingly, I would respectfully ask that the court in this case, not withstanding allocation to the small claims track, order standard disclosure. I understand that it is in the courts discretion to do so. This would bring a rapid end, not only to this litigation, but would also likely bring an end to much of the litigation in progress against other high-street banks.

 

 

It's a bit of squeeze, but very important you enter all the details.

 

Include copy of schedule

 

Cheque to HM Courts Service

 

Fee will be added automatically to your claim

 

Send copy of your AQ to Cobbetts

 

Hope this helps!!

[Deller]

You are correct Tony, you send the "Draft Order for Directions" but only submit the required evidence upon the judges request.

[Deller]

My response in red.

 

Another couple of questions sorry.

1.Do I have to photocopy my AQ and Draft Order and send it to Cobbs?

You're not obliged to, but certainly a good idea, it will at the very least show them just how serious you are.

 

2. Who do I make the Cheque for £100 out to?

HMCS

 

3. Do I have to send another schedule of my charges with AQ?

You can never send too many copies of your schedule, so YES.

Thanks

Tony

[Deller]

As you've noticed this paragraph seems to be popping up everywhere tony, so there'll be a lot of people having to sit tight me thinks.

[Deller]

I wouldn't say it was a new thing Tony, but they are certainly using it more often.

[Deller]

Yes the spreadsheet should update daily so you just need to add on the legal costs.

[Deller]

So the end is in site for you, a great relief I expect. Let us know if it's the full ammount.