darling1 v scabbyfax

[darling1]

:-? I am very worried - today I have just worked out my schedual of charges (again) and have worked out they owe me £3966.00 + Interest of £495.92 = £4462.40.

 

I sent my letter B4 action some time ago - butdid not have the £120 court fees to take them to court - untill this week. So I have down loaded a "particulare of claim- N1- hard copy version" from the library, and am trying to fill in the N1,

 

I am terrified of getting it wrong I have followed every case I can and have read as much as I can take in, I am drowning in the sea of legal advice! And am now just plain confused.

 

Just rang the scabbyfax to ask what date I opened this account and they tell me it was 10yrs ago, It was actually more like 18 years ago, as this is the account I opened when I first worked and needed a bank to have my wages paid into!, But Jamie from the halifax said "I can assure you" that they are correct!! - what hope is there!

wish me luck!!!

[darling1]

What do I put in the section on the front of N1 that says Brief Details of claim ( the bit on the back is for the whole Particulares of claim) Please can some one out there help me??

Do I send 2 copies of te schedual of charges at this point?

[Angi]

Hiya

Is this the bits you need to know? if not get back to me ok.

 

PAGE 1

Claimant

Your name & address

Defendant

Banks name & address

Brief Details of CLaim

The Claimant held a bank account with the Defendant for xxxx years. The Defendant deducted from my account, various amounts of money in penalty charges. The Claimant contends that these charges were legally unenforceable and the claimant is demanding the repayment of this money.

Value

The Sum demanded by the Claimant comprises of:

Repayment of unenforceable penalty charges £xxxxx

Interest on the sum due of £xxxxx

Court Fee

Total Amount Claimed £xxxxx

Defendants name & address

Your Bank

Amount Claimed £xxxxx

Court Fees (if any)

Solicitors costs -------

Total Amount £xxxxx

over the page

Human Rights – No

Particulars of Claim

1. The Claimant has an account xxxxxxx with the Defendant, opened xxxx 2.

Since xx/xx/xx 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. 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 £xxxxx. 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. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/xx to xx/xx/xx of £ xxxxx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of 0.00p

Solicitor – No

Don't forget to sign & date

If you go online, you can fill this in by using the template on the site, it lets you line everything up, makes it look really good. Its the N1 form, you need 3 copies if your going to your local court, plus 3 lists of charges that were made from the bank. Don’t forget to add the daily interest rate, at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022

Good Luck & Keep Me Posted

Take Care

Angi x

[darling1]

thank you angie - I filled in the N1 form last night and unfortunately had not seen your post till today, so I filled it in in my own words (heck!) and took it in to the court at 11am today, so now I just wait............oh I am so scared I will have to go to court.

[Angi]

Hiya

 

Im sure it wont come to you going to Court, hardly ever gets to that stage, but if you are the one who has to go, Make sure you put it on your thread, then you will get loads of help & support, try not to worry to much, I know easy for me to say, but Ive been there & it is a worrying time, but saying that, its also a lesson to learn to pass on to others.

 

pm me anytime you feel you need to ok...

[darling1]

thamk you ! if ( i mean when) I win I will donate to this wonderful site...I am just about to start a plemin letter on behalf of my husband, his claim is going tobe for more than £10,000 - got made redundant and lost a job all in about 1 year, so lots of unpleasantness had happened on his bank acount, they have been on his case for ages making his life hell, but now he has got a great job and we remortaged, it would be good to get back all that they have taken from him,

I think that at the pelim and lba stages he can go for the full amount (over 10.000 in one hit)??- but when it comes to the court N1 stage, does he do a small claim 3 times? ........does he do this all at once or are they one after another?

 

Am I right about the pelim and lba being for the whole amount?? - thank you for you help

?

[darling1]

hi there anyone! have received a Notice of Issue (specified amount) I dont think I have to do anything with it - do I ? Is it for my to fill in if the defendant (Halifax) don't reply? or am I ment to fill it in and send it back now? It says Claim issued on the 7th december. sent to defendant on the 9th and deemed to have been served on the 9th and they have till the 28th to reply

[vsouth]

hi there anyone! have received a Notice of Issue (specified amount) I dont think I have to do anything with it - do I ? Is it for my to fill in if the defendant (Halifax) don't reply? or am I ment to fill it in and send it back now? It says Claim issued on the 7th december. sent to defendant on the 9th and deemed to have been served on the 9th and they have till the 28th to reply

 

Hi,

You are on the same timescale as me. mine was issued on the 7th and deemed served on the 9th. also they have until the 28th to respond. As i have just mentioned on my thread I have spoken to rachel hincliffe this morning on the phone at the Halifax legal dept. I just wanted to check that they had received my court papers. It turns out they have and are going to file and acknowledgement of service so now it is just waiting. The notice of Issue is your copy and a form to use if you have to file a judgement against them. Good luck with your claim. I will keep an eye on your thread to see what happens.

[darling1]

good luck vsouth, I will look out for your posts and see how you are doing! its a bit scary isnt it!

[darling1]

Case Settled In Full With No Conditions!! :D

22nd December Recieved Letter From Them But Money In Account On 20th ....................a Happy Happy Christmas Was Had By All

Phew!

Please could this be moved to the "won" section......thank you

[Didge]

It's a good feeling, isn't it?!

[darling1]

PLease can I be moved to the WON section???