thereshope! v natwest ****WON****

[thereshope!]

Hi all:)

 

Being the kind generous soul that I am , in my wisdom I decided to phone the Higley Department at NW , just to remind them that the clock was ticking and I would be filing my N1 the following day.

 

What a waste of time !

 

I spoke to a woman who sounded extremley bored and who really couldn't be bothered to converse with me.I stated that my call was a reminder with regard to the letter that I had sent the previous week and had they come to a descision about how much contractual interest they were going to pay .

 

She said they never pay contractual interest as the settlement offer was a gesture of goodwill.

 

I said they had paid it out on other claims,she said they hadn't, I said they had (you get the picture lol).

 

Basically she told me they would see me in court.

 

 

 

Oh good I said,am I going to be the first !?

 

For all my bravado, I must admit that I haven't given the N1 stage any attention as yet as I am still unwell.

 

I am 100% going to research it tomorrow though

 

Might need a guiding hand through it though if Muggins/makine/milly are knocking about please ?

 

Hope xx

[millymollymoo]

Hello hope still here been a bit busy soz hun. Here now though. Get well soon hun XXXXXXXXX Ask and I will try to help:)

 

Milly XXX

[thereshope!]

Thanks Milly:)

 

I am going to get O/H to drive me to local court tomorrow( not allowed to drive at moment cos light-headed-O/H says i'm just dizzy-nothing to do with being unwell !) to pick up N1.

 

Is there anything I should be doing now or should I just wait til I get the form to fill in ?

 

Hope

xx

 

P.s How are your claims doing milly ?

[muggins73]

Hi hope,

 

My guiding hand is here and more than happy to help whenever you need it:p

 

Sorry to hear you are poorly, there's alot of it going around lately. My two youngest are ill again with this blasted cough that no one seems to be able to shift. It's the third time this month, and it's really beginning to take it's toll as I'm absolutely knackered.

Make sure you get yourself checked out properly, palpertations doesn't sound good to me, and more importantly try and rest a little. The N1 claim form part can wait there's no rush, you're gonna get your money back whatever...that should help you feel better:)

[millymollymoo]

Hope muggins is absolutely right!

 

Get well first as you want a straight head!!!

 

WHEN YOU ARE BETTER LOOK HERE WILL SAVE A CAR JOURNEY!!!

 

If you have a printer download here:

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

 

Its the hard copy of the actual N1 court form of which if you click in the top right corner of the first page you can type in the information. You cannot save the data, so once typed in there you must print 3 copies.

 

For your particulars of claim you will need more room as there is alot of information so it will mot fit on the form so just put in that bit 'see attached particulars of claim'. You can then enter your POC's on word and attch to form with 3 copies of your schedule of charges.

 

Look hun don't worry about this yet cos it will make you more dizzy OK!!!

 

MillyXXXXXXXX

[millymollymoo]

AND GET TO BED!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

Milly XXXXX

[thereshope!]

Thanks you guys, I really appreciate it, and thanks for the get well soon messages too.

 

I will know more when I see cardiologist but my doc seems to think that I have picked up a virus that attacks the muscle around the heart. Hopefully I wont have any lasting damage though.

Hard to believe what I thought was a common old cold is something as dodgy as this.

It has really knocked me out and i've been off work for the past 3 weeks.

 

 

Anyway,I've still got enough 'heart' to fight NW lol:D

 

Off to bed now but will catch up with you all later.Thanks for the headsup on the N1 milly . It will make things easier if I dont have to rely on O/H and his busy schedule.

 

 

Hope xx

[maxine989]

Oh thereshope... poor you. Hope you get well soon.

 

We're a right pair eh... I have done my back in humping the kids about (on off the potty and all that..) I am standing up while I type and my other half has had to have the day off to help with the kids... it's killing me but I am still feeling happy enough. I am gonna book myself in at an osteopath in a short while... see if i can get it man-handled back so I can move around better. I just hope I haven't slipped my disc...

 

Anyway... enough self pity..

 

I thought this might help when the time is ready:

 

PARTICULARS OF CLAIM

 

1.The Claimant has an account: SORT CODE: **-**-**

ACCOUNT NUMBER: ********* with the Defendant, opened in [year opened account].

 

2.Since [date of 1st charge applied] the Defendant debited charges and interest in respect of purported breaches of contract.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5.Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £*,***.**

b) Court costs;

c) interest at the contractual rate of [Your rate] AER, from the date of each transaction to [date], which is £*,***.**, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £*,***.**, at the same rate up to the date of judgement or earlier payment, at a daily rate of .

 

The Claimant believes this rate to be justified under the implied principle of mutuality and reciprocity, and is based on the Defendants interest rate that would be applied under the terms of the above-mentioned account.

 

The claimant believes that the defendant owed the claimant a duty of care in the form of a fiduciary duty not to gain extra profit and by way of ‘fiduciary impropriety’ and that by adding interest to the unlawfully levied charges, the Defendant breached that duty of care and made ‘profit by wrongdoing’ from that breach at the Claimant’s expense forming an ‘unjust enrichment’

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest pursuant to Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from the date of each transaction to [date], which is £***.** and also interest at the same rate until date of judgement or earlier payment at a daily rate of £.

 

6. 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.

 

I believe that the contents of these particulars of claim are true.

 

Signed

 

 

 

 

 

[your name]

Date:

 

Hope, this is my particular's of claim which I have used in 2 claims against Natwest. 1 I have won and I had an offer for the other claim today, which I am declining.

 

I hope this helps in drafting up your own particulars when you are well and can get your head round it.

 

Take care, Maxine

[sammyb]

hi theres hope!

i have been going through your thread and sorry to hear your poorly. hope you feel better soon.

when i pmed you i didnt realize you had gone this far, i was going to send my sar on friday but my little one was poorly so ive amended the date and sending it tomorrow morning (misses the post office yesterday), by the way ive been reading for hours on here do you think il ever get the hang of it or understand it as it all seems mind blowing.

GOOD LUCK

[maxine989]

Hope you are feeling better today Hope... ;-)

[millymollymoo]

Same thoughts from me hun as maxine hope you are feeling better:)

 

Milly XXXX

[millymollymoo]

Hope how are you hun??

 

MillyXXX

[thereshope!]

Hi Milly

 

I'm feeling better than I did thanks.

Not 100% yet but getting there.

 

Bit stressed out at the moment as due in court on wednesday for final charging order hearing (1ST CREDIT/MBNA) .

 

I'm hoping it isn't going to go ahead as they haven't complied with CCA or SAR.

 

I'm busily putting together a letter to the court asking for a strike out, and my reasons for the same.

 

Lucky ol NW are on the back burner at the moment while I deal with this shower !

 

But not for long........

 

How are you doing Milly ?

 

Any news on NW yet ?

 

BTW , I phoned G.E Money today as they are being slow with SAR data and spoke to a really helpful lady who told me that she would send all my copies of credit agreements by return for all 8 of my accounts.

 

8 ? I said.

Thought I only had 6 accounts.

 

Oh no, she said . There are 2 accounts on here from years ago.

 

Nice one !

 

I received a statement from when I got my washer on int free credit in currys, then couldnt afford to pay it off in the stated period.I was so shocked cos there was ppi on it that I never agreed too.

If I've worked it out right, the charges and ppi come to £218 on just that 1 account !

 

Hopefully it will get sorted out as fast as your GE claim was !

 

Hope xx

[millymollymoo]

Hi Hope,

 

I am glad you are feeling better:D

 

GE MONEY are a pain though as they only supply 5 years worth of statements. Thats how I got my money on the phone which included £100 goodwill gesture on top!!

 

The sooner you get NW filed the quicker they will pay you;) and good ideato get that letter sent regarding MNBA, have you had any offers from them??? Have you a thread on these?

 

 

 

 

We heard from the Financial Ombudsman, he has told us he has heard from Nat West but needs till at least 7th April to sort this one out!!!

 

Talking about PPI , my O/H has a Dorothy Perkins:eek: {ha ha!!!} account, he got for my use really a few years ago!!! He noticed that they added ppi 6 months into the account with out him noticing! Sneaky Oh well thats 40 PPI payments as well as charges to claim. I sent a CCA off to them and they have not replied. So its claim stage!!! He also asked for proof of PPI.

 

Finally got Egg S.A.R after non compliance threat. id not supply O/H's default notice he requested though:rolleyes:

 

Doing my bro in laws Barclays for him just tallying the charges.

 

Barclaycard are at LBA stage runs out 22nd.

 

Goldfish for O/H {this is through lloyds as a closed account!] they promised to comply by the 8th march and havent so letters been sent concerning non compliance.

 

So been busy off line lately.

 

Milly XXX

[millymollymoo]

Oh and am really happy :D cos we booked our hols for 2008 onboard Royal Caribbean's Independence of the Seas:D sailing 9th August!! I am acruisaholic fan since last year when we went on the voyager!!!

Milly XXX

[thereshope!]

Good for you Milly !

 

I fancy a cruise but kids wont entertain it !

My fellas parents went on the maiden cruise of the Oriana and said it was fantastic !

Think they paid about £5k each tho !

 

You seem to have a lot goin on at the moment.

TBH I am really struggling keeping on top of everything and keeping focused on each claim.

 

I plan to draught this letter(1st credit) to the court and hand deliver it on Monday and I would also like to complete N1 etc and file that at the same time.

 

A productive day that will be !

 

Hope xx

[millymollymoo]

Try it you will be hooked!!!

 

Wishing you as always lots of good luck hun:)

 

Milly XXX

[thereshope!]

PLEASE HELP ME SOMEONE !!!!! :o

 

I dont know what to put in the value box of the N1 !

I know that I need to put charges etc but not sure how to word it.

 

My claim is for

 

Charges £2160

Interest £2169.24

Total £4329.27

do I need to state that the interest figure is up to the date of filing claim and do i need to say that the figure will increase daily at a rate equivalent to an annual interest rate of 29.69% or do I just put the 2 figures as above ,then total them ?

Do I also claim the cost of letter writing,postage ,SAR fee , court fee etc in the value box ?

I have stated in my POC that in the alternative I would be claiming the S69 8% interest.

Not sure if I have to put this in the value box as an alternative or not ?

This has got me totally flumoxed and I so want to get it right !

Please please help me:oops:

Thanks

Hope xx

[maxine989]

charges £***.00

Interest at the rate of **.*% £***.00

court costs £***.00

 

Total £****

[maxine989]

You don't need to say anything else in the value section of the N1, because it's states everything about the interest and daily rate in your POC.

[maxine989]

Keep smiling hope... you can do it, you're almost there. Once you get the N1 in you'll be counting down the 28 days...

 

[thereshope!]

Thanks Maxine :)

 

You have no idea how long I have been filling this N1 in for lol !!

 

Hope xx

[thereshope!]

THANKYOU MAXINE HUN !!! :D

 

 

 

Hope xx

[thereshope!]

Hi all

If anyone has the time ,would they mind having a read of my POC please ?

 

Feel free to edit as you see fit !

 

Thanks

Hope xx

 

 

 

 

Particulars of Claim

 

 

 

 

 

1. The Claimant has an account xxxxxxxx("the Account") with the Defendant which was opened on or around 1990

 

2. During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimants.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account, as outlined in the attached schedule, are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit. In the event that the charges are not a penalty, they are unreasonable under The Supply of Goods and Services Act 1982 section 15. The Defendant has declined to justify the charges.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of The Unfair Terms in Consumer Contracts Regulations (1999) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £2160.00 and interest charged thereon in the sum of £2169.24

 

b) Court costs;

 

 

 

c) The Claimant claims contractual interest at a rate of 29.69% per annum, from the date of each transaction to 21st March 2007, which is £2169.24, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £2169.24, at the same rate equivalent to an annual interest rate of 29.69% up to the date of judgment or earlier payment

 

 

 

 

The account’s Terms and Conditions specify the interest payable on unauthorized drawings from the account. The Claimant holds that this applies to unauthorized drawings by the Defendant as well as to unauthorized drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity or fairness and balance, and is based on the Defendant’s unauthorized overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, and then in the alternative the Claimant claims contractual interest at a rate of 16.74%, from the date of each transaction to 21st March 2007, which is £1031.76, as set out in the attached list of charges. The Claimant further claims interest, on the resulting total of £3191.76, at the same rate up to the date of judgment or earlier payment, at a rate equivalent to the annual interest rate of 16.74%.

 

The account’s Terms and Conditions specify the interest payable on authorized drawings from the account. The Claimant holds that this applies to authorized drawings by the Defendant as well as to authorized drawings by the Claimant. Should the court deem this incorrect, the Claimant claims the rate to be justified under the principle of mutuality and reciprocity or fairness and balance, and is based on the Defendant’s authorized overdraft interest rate that would be applied under the terms of the above mentioned account.

 

Should the court find that this interest rate is not applicable, then in the alternative the Claimant claims interest under Section 69 of the County Court Act 1984 at the rate of 8% per annum calculated from 04th August 2003 to 21st March 2007, which is £401.26 and continuing until payment or the date of judgment at a daily rate equivalent to the annual interest rate of 8%.

 

I believe that the contents of these particulars of claim are true.

[thereshope!]

One other thing !

 

When I do shedule of charges spready,do I send the copy of the spready with all the rates of interest displayed ie 29.69 16.74 and 8% ?

Think I do but just checking !

 

I plan to file at court on wed 21 march as I am in court that day with 1st Credit (fighting final charging order but thats another story lol !) so I have put the 21st March in spready . Thats right isnt it ?

 

What else do I need to do apart from make 3 copies of N1(done)

 

3 copies of POC(will do when someones proof read them)

 

3 copies of schedule of charges.

 

Sorry for going on, i just want to amke sure that i've dotted all the i's and crossed all the t's !!!