Sparkers24 vs LloydsTSB Grad Acc. ***WON***

[Sparkers24]

Hey everyone!

 

I have a silly question to ask but hope somebody can help.

I have my N1 form and am ready to fill it in, I know what to put down as my particulars but two things I am unsure about:

 

1) What do I put down as the Brief Details of the Claim,

 

2) When I calculate the interest on the spreadsheet do I add this amount to my total and input this on the N1 form (I know how to work out statutory interest but how do I go about adding this to the £624 in charges, when do I calculate the total in interest?).

 

Thanks for your help.

[whoareya]

Check out the templates in the sticky section, there is an excel template to sort your charges out and of course a template to look after your N1 form

[Sparkers24]

Thanks but what I mean is that I have the Particulars of the Claim which are given on the template but I cannot find any details to put as the 'Brief Details of the Claim'. There does not seem to be any template information on this.

As to the statutory interest I have a simply google spreadsheet which calculates the interest but I am unsure, from reading comments, when the interest is to be added to the total amount. For instance, I have £624 in charges and I have my spreadsheet and N1 form. Now do I set-up my spreadsheet tomorrow, calculate the interest, add this to the £624 and then post my N1 with this amount (obviously including all schedule details) or do I do something different. Please help!

[BARTY]

Hi

For your "Brief details of claim", put something along the lines of:

"return of default penalty charges levied to the claimants bank account by the defendant bank, plus interest at the statutory rate."

 

Not sure about the interest question, when I did mine I used one of the spreadsheets on here, inputted every charge when I received my statements, and it automatically calculates the interest for you.

 

Good luck!

Barty:)

[Sparkers24]

I have just had my Allocation Questionnaire, of which I sent to the Defendant and the Court. However, I have just realised that I think I stupidly put the amount of the claim in incorrectly. Rather than the total in charges I added the statutory interest to this.

 

Would this be a problem, I really don't know what the significance would be though any advice on whether I need to remedy this would be very helpful. Thanks

[Sparkers24]

Hi, could someone reply to my previous post please. Bit stuck. On the AQ I wrote down the amount of claim as being the original total in charges plus the statutory interest. Having thought about it I am not sure whether all I should have wrote is just the total in charges. Furthermore, I have just been refunded £628 which is the total in charges. Now all I need back is the interest and court costs but what should I have put on the AQ and if what I have wrote down going to be a problem? Thanks

[GuidoT]

I am a bit confused about your post, you refer to the AQ, I presume the acroynm for Allocation Questionnaire. There is no where within the AQ to write the value of your claim or normally no requirement.

 

Where and why did you include the value?

[Sparkers24]

The AQ form I was sent was not the usual simple one but the more lengthy n150 form that asks whether you have made applications and ask for information on other stuff. On one part of the AQ it asks for the value of the claim.

[jonni2bad]

I have received £628 from Lloyds TSB which is the total of all charges applied to the account. This happened just before sending off my Allocation Questionnaire. However, this amount is still short of the total as it does not include my court costs and statutory interest. I am okay to continue with the claim for the remaining £191 aren't I?

 

I did return the Allocation Questionnaire to the court after having writing a letter requesting the rest of the money. Stupidly, the total amount of the claim I wrote down was the charges and the interest. I wasn't sure what to put for this after having been refunded the partial amount and whether court costs are included.

Thanks for reading. Take care

 

Don't worry about the AQ total. Write to the bank (or even phone them for this particular matter) and outline the current position regarding what is owed. ANY refusal to pay up - proceed with court action and write a quick note FAO the District Judge and state what amount is currently in dispute.

[GuidoT]

I see now, just filled in N149 and had that on my mind. I just thought as your claim is £628, excluding interest and costs that it would be the N149 and not N150 form.

 

You seem to have been sent the incorrect AQ, i.e. your claim is under £5K. I would not worry too much. I would write a simple letter to the court with a copy to SCM clarifying the balance your are claiming showing your calculations and apologising.

[jonni2bad]

It is not necessarily an incorrect form - there is only guidance as to which one should be issued, rather than any strict rule etc.

 

The N150 is actually more in depth so can often be seen as a bonus!

 

Still.... that's a side issue.

[GuidoT]

Okay Jonni2bad, but I read this by someone that knows what they doing, i.e. you:

 

'DO I HAVE THE CORRECT FORM?

 

There are 2 types of Allocation Questionnaires, form N149 and N150.

 

N149 should be issued for claims that are considered likely to be handled by the Small Claims Track, and N150 for more complex or higher value claims. Both are shown below.'

 

On reflection I now see that I took the N149 and N150 differentiation as being a hard and fast rule when it is not and for that I apologise.

 

I am usually very careful not to mislead or state something when I do not know about. If I do not know about something and have not learnt it from someone with authority on this site then I say nothing.

 

I know it does not now really matter in this instance.

[Sparkers24]

Hello, sorry to bother you. I have the Peter McNamara sound file. It is a realplayer audio file. I want to send this to the court and to LloydsTSB and say that it is what I will be using. However, although I can copy the file straight onto a CD I did read that it should be able to be played on a CD player. How can I copy the file so I can do this. What program do I need to use? Thanks

[jonni2bad]

Reported as settled!

 

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