Fireman V Nat West

[Firemansam]

Well i have had enough of Nat west now i have sent them all the relevant letters and i am now at the stage where i am going to take them to court.

Could somebody correct me if i am wrong but can i change the amount i am going to claim all the way up til i fill in the N1 form?

 

LBA sent 8/10/06

Rejection of settlement 8/11/06

Starting Court action 7/12/06

[Deller]

Yes you can amend the claim amount right up to point of submitting it through the courts. Once you have filed your claim you are unable to change the amount so make sure you get everything reclaimable in first time.

[Firemansam]

Thanks Deller i am quite looking forward to this now as they are so annoying and smug when they say they are adding charges to the account. I am fuming!. So in theory although i have given them a figure since they have added more charges so i can put them on the claim as well.

 

I will be off to the local magistrate court this afternoon to start the process, i can hopefully get the N1form there.

[Firemansam]

Well i have totalled up my claim now up to date, however i can't for some reason access the spreadsheets to add the 8% on top for my POC, do you add that as total or do you say £*** + 8%?

[Deller]

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

[Firemansam]

Deller

 

Thanks again for that. Is there anywhere on this site that someone has posted a filled out copy of an N1 form, just so i can adapt to suit my particular case as there are a couple of queries on there i am unsure of? Also my first date i am going back to is 11/04/2000 is this OK or have i gone back to far? TIA.

[katesage]

As a general rule you can backdate your claim 6 yrs from when you first made contact with them asking for your money back, however, lots of people are reclaiming charges further back than that and are quoting The Limitations Act 1980

 

Limitations Act 1980

32.--

• (1) .... where in the case of any action for which a period of limitation is prescribed by this Act, either-
  • (a) the action is based upon the fraud of the defendant; or
    
  • (b) any fact relevant to the plaintiff's right of action has been deliberately concealed from him by the defendant; or
    
  • © the action is for relief from the consequences of a mistake;

  [*]the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it. ....

  [*](2) For the purposes of subsection (1) above, deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time amounts to deliberate concealement.

The bank/Cobbetts may kick up over any amounts prior to the 6 yr period so its really up to you. If you do claim further back than 6 yrs you will need to quote the LA 1980 (s32) in your PofC.

 

Have a read of this thread to get an idea of some of the issues:

 

http://www.consumeractiongroup.co.uk/forum/halifax-bank/44416-wilkins-halifax-4.html

 

As for a full copy of the N1 FORM, THE The PoC linked above by Deller should have everything you need. The rest of the form is very straightforward. Is there anything specific that is worrying you?

[Firemansam]

Hi

 

When filling in the N1 Form just a few queries if i may as i want too get this right first time. The Value box, Do you fill in the value like this £xxx + 8% = £xxx or do you have to work it out? Brief Details of claim i have put "Unlawful Bank Charges" is this all i need to put in this box?

 

The POC i take it you can attach this as in the library?

 

Thanks in Advance.

[muggins73]

Hi,

Unfortunately, you are unable to save a hardcopy of a completed N1 claim form (not for want of trying!!!), the hmcs site just doesn't let you.

Although I knew exactly what amounts I wished to be refunded, I chose to follow someones advise, and leave the amounts claimed boxes on the N1 form blank and simply filled in the following information in the Value section of the form:

 

Claimant does not expect claim to exceed £5000.

Charges: £xxxxxx

Interest on charges: £xxxx

County Courts Section 69: £xxxxxx

 

PAYMENT IS TO BE MADE BY CHEQUE

 

I've then entered the amounts relating to my claim (as per my schedule of charges) in the POC section of the N1 form, which was copied, pasted and adjusted to suit, from the libary section. It really is worth trying to get your computer to open up the spreadsheet templates provided, it will certainly make things a lot easier.

 

By filling in the N1 form like this, I have, I feel, covered all bases, plus it means that Natwests solicitors and the judge have to do all the work:D Obviously, you might not wish to go down this route, the choice is always up to you.

[Firemansam]

Right I Am Ready To Go! All Forms Filled In And Ready To Go Off To The Courts. How Long Does The Next Stage Take As In To Hear Back From Whoever?

 

Happy New Year To You All And Looking Forward Too The Outcome.

[smirk]

Hey Fireman - I'm at the same stage as you, perhaps we could do it together.... having a wee problem with my spreadsheet though. Which one have you used? Please help re 8% interest.

 

Thanks, Sx

[livelylad]

Right I Am Ready To Go! All Forms Filled In And Ready To Go Off To The Courts. How Long Does The Next Stage Take As In To Hear Back From Whoever?

 

Happy New Year To You All And Looking Forward Too The Outcome.

 

 

Once the claim is issued the court will serve the claim. Once the claim is served they have 14 days to acknowledge the claim, If they dont ackowledge you can file for judgement. If they do acknowledge they get a further 14 days to enter a defence total 28 days. If they dont enter a defence after acknowledging the claim again you can file for judgement.

[Firemansam]

Smirk

 

Not a problem will be glad to help where i can, what i have done is on my N1 form i have put the value in and then put +8% and totalled this up. I done this on a seperate Excel spreadsheet and cut and pasted it onto a word document for printing i only put the 8% on in the value box on the front of the N1 form then added them together and put this figure into the bottom right hand corner on the N1 form. i have attached a seperate POC and also enclosed a copy of the bank charges so its all together and ready to go, i will try and get it in this week if i can.

 

Hope this helps.

 

Lively thanks very much for that much appreciated.

[smirk]

Thanks Fireman...

 

I did the online form last night (MCOL) and added the 8% in the end as its the total amount I'm claiming.... then sent the cover letter to the court (as shown on another thread) with two copies of the spreadsheet. Paid the court fees £120 per account (x 2 accounts) lets see what happens. The first one took ages to work it all out - the second one was done in minutes. Hope they hurry and settle - really dont want to prepare for court.

 

Lets keep each other posted on our progress - get your court docs in soon!!

 

Smirk. x

[Firemansam]

Smirk

 

No probs will do, i am doing it the traditional way as in taking it down the courts myself. I am not sure how many copies i need to give them? Can anyone advise?

[Deller]

You will need to take in three copies, they will be checked and stamped by the court. One copy will be kept by the court and two will be returned to you, one of which you must serve on Nat West/Cobbetts.

[Firemansam]

Deller

 

Thanks for you reply, slightly confused with regards to the copy i serve to NatWest/Cobbetts, i actually have to send them a copy do i Is this accompanied by the cpr request i read about earlier?, as i thought all i send is the copy to the court? and they serve it?

[Deller]

Sorry Sam, haven't fully woke up yet. The court will serve a copy on Nat West, they will return only one copy to you.

With regards to the cpr18, forget about this for now, this will be requested at a later stage.....if at all!!

[Firemansam]

Guys having sent the forms and thinking about the next stage, having read other threads one thing that is concerning me a little is this "AQ" form is there anything i need to do to prepare for this as i understand you only have 14days to get this back otherwise it will be struck out of court? Could anyone explain if this is the next process?

[Michael Browne]

AQ is fairly straightforward See here:

Allocation Questionnaires - A guide to completion

Allocation Questionnaires - A guide to completion

and here:

Allocation Questionnaire - Draft directions order

New strategy for Allocation Questionaires

You won't recieve this until the bank has acknowledged, then filed a defence, and the claim is transferred to your local court, so some way off.

 

 

[Firemansam]

Michael

Thanks for that will keep eye out for it, do you have to pay another charge and if so how much is it and who too? TIA.

[Michael Browne]

AQ fee is £100 for claims over £1500 payable to the court (HMCS)

[lee in wales]

hi fireman, i am at the same stage as you, i filed my calim on 29th dec. just waiting for cobetts to reply, they have until 22nd jan. As far as i know when it comes to the AQ stage its another £100 to pay but it is re-claimable, i would imagine it is payable to the courts. Then you would claim this back from NatWest, if i'm wrong i'm sure someone will correct me

[muggins73]

Yes, all of the above is present and correct:)

[Firemansam]

Well i have now taken the claim into the courts last week, as i have been on a few courses, but looking forward to what lies i ahead i hope:) ! I am expecting them to defend it obviously but then after that what is the next stage is it the CPR request or the AQ?