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    • Your statement requires work...unless you wish to send it as is. The court has not directed you submit a further statement they already have your initial statement within your N244 application.   You can send the consent order if you wish but don't expect a reply.
    • I have posted it and explained in reply to the new  defence counterclaim I adopted from you. Its nightmare getting through to the court. the lady at the court office  told me that,  to submit N224 for extension will cost me £175.00, may be I didn't hear her well as I believe that, it might be more than that. Can anyone help on this. I have been on to the phone to the court house just to make the payment, cant get through and still on the phone as at this moment. I have however sent a cheque in the phone to the court. 
    • Hi Andyorch isn't a good idea if i send them via email now instead 7 days prior to hearing also is it worth sending consent order form to hx parking to see if they agree to set the case aside?
    • Hi, I've had a quick look for similar threads, but haven't found any - so apologies in advance if the issue has been raised elsewhere.   So, long story short: > Peoples Energy go bust in September, > Account assigned to British Gas - not at all happy with this as BG is probably at the top of my Energy Supplier sh* list! > Advised to hang fire with them (by them, no surprise) until my account is migrated from People's Energy (PE), so as to ensure my credit, circa £700 is transferred from the administrators and direct debits are kept setup with PE as these will also be moved. > Final meter reading provided to BG September. > Zero comms from BG, until, you guessed it, early Jan demanding my bill was paid within 3 days (what bill, I hadn't even had one), for the price of £400 odd. The irony in this is that way back in September, I actually predicted BG would do something like this, hold back bills until it was at such a level that you would have to pay it in order for them to let you move account. Now I know what you are thinking, hadn't you been putting the uncollected DD amount away in prep for your bill. The simple answer is... Yes. BUT, as a matter of principle, BG are due to receive my £700 credit from PE and haven't managed to transfer the DD's across. Do you really think I am going to part with £400 when I am actually owed £700. For me its a matter of principle, yes I am stubborn, but I've seen this BG movie before. > Called BG, was on hold for an hour before putting thru to the most un-knowledgeable customer service agent. I'm not having a go at them, I'm having a go at BG for basically just throwing bodies at the problem as a deflection tactic. She did say my bill would be put on hold and I would receive a telephone call by the end of the week (last week) to discuss my complaint. I had asked to be put thru to complaints, but for some reason, this wasnt possible or the poor lady wasnt shown how to do this. Guess what, no call from BG to discuss the complaint. I did however receive a chaser to pay my bill.   So really what I am asking is that: > Is anyone else in the same situation with their account being migrated, DD to be setup and receiving your credit? > Should I just stop being stubborn, pay the bill and move my account elsewhere - what will happen to my credit from PE, we have been advised by BG not to cancel DD's and bear with them until everything is transferred. Great advice, what they really meant was, don't do anything until we ramp up your bill that much (in the hope you cant pay), so we can hold your face to the fire and you can never leave.   I cannot stand BG, their service has always been absolutely shocking and tactics questionable. We have previous with them (to which I won, but that's another story).   Anyway, a bit of a rant but does make me feel slightly better. Just wondering what the options I have are. 
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N1 Hard copy - particulars of claim


MrsMonkey
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Hi all,

 

I'm now doing the hard copy of the N1 and wondered how to fill it in correctly. I wonder if anyone could cast an experience eye over my application and help me with the bits in CAPITALS?

 

I'm nearly there now.....!!

 

N1 - Hard Copy

 

In the - ????? County Court

Claimant – Mr/Mrs ??? of ???. Telephone – ?? Email – ??

Defendant – Halifax PLC, Trinity road, Halifax, West Yorkshire HX1 2RG

Brief Details of the Claim – WHAT DO I PUT HERE?

Value – DO I PUT 'NOT MORE THAN £5000' OR THE FULL AMOUNT INCLUDING INTEREST? N.b. It may change depending on when they decide to pay out due to daily rate of interest.

Defendants Name and Address – Halifax PLC, Trinity Road, Halifax, West Yorkshire HX1 2RG

Particulars of Claim – below cut and pasted from templates - DO I COPY EXACTLY?

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

2. During the period in which the Account [has been] [was] 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 Claimant.

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 £ 3 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

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

Signed:

Date:

Statement of Truth - Signed by me

DO I ATTACH THE SCHEDULE OF CHARGES PLUS INTEREST?

HAVE I MISSED ANYTHING?

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Hi all,

 

I'm now doing the hard copy of the N1 and wondered how to fill it in correctly. I wonder if anyone could cast an experience eye over my application and help me with the bits in CAPITALS?

 

I'm nearly there now.....!!

 

N1 - Hard Copy

 

In the - ????? County Court

 

Claimant – Mr/Mrs ??? of ???. Telephone – ?? Email – ??

 

Defendant – Halifax PLC, Trinity road, Halifax, West Yorkshire HX1 2RG

 

Brief Details of the Claim – Claim for the return of unawfully imposed bank charges and interest (add in the removal of default if applicable too). WHAT DO I PUT HERE?

 

Value – Charges £xxx.xx, Interest paid £xxx.xx and contractual interest as per the particualrs of claim £xxx.xxDO I PUT 'NOT MORE THAN £5000' OR THE FULL AMOUNT INCLUDING INTEREST? N.b. It may change depending on when they decide to pay out due to daily rate of interest.

 

Defendants Name and Address – Halifax PLC, Trinity Road, Halifax, West Yorkshire HX1 2RG

 

Particulars of Claim – below cut and pasted from templates - DO I COPY EXACTLY? Only copy exactyl if your claim is exactly the same.

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

2. During the period in which the Account [has been] [was] 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 Claimant.

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 £ 3 and any interest charged thereon;

b) Court costs;

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

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

Signed:

Date:

 

Statement of Truth - Signed by me

 

 

DO I ATTACH THE SCHEDULE OF CHARGES PLUS INTEREST?Yes send a complete shcedule of charges, do three copies, at least, I kept one for myself but the court will return one of the three to you duly stamped.

 

HAVE I MISSED ANYTHING?

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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Thanks Glenn - you're a star!

 

Don't suppose you know...

 

Contractual interest - is that just for my credit card claim?

 

I have 4 claims - all Halifax - 3 bank accounts and 1 credit card. I was applying for 8% interest accross all of them but looking through all the threads I'm tentatively optimistic I can scrap this for the credit card and claim their contractual rate of interest instead.

 

If so, where do I find this?:???:

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Personally i would go for contractual interest on all of them.

 

You need to use some logic to determine exactly which rate to use based on your particular account/s.

 

For bank accounts personally i suggest using unauthorised overdraft rate since this is practically comparable to what they have done to you i.e. borrowed your money without asking.

 

For credit cards its a bit more difficult since i don't believe they have a rate equivalent to this, so i used cash advance rate.

 

If you want to know what actual rate is go to the card holder site, find the account the same as yours and there will be section/page/link which allows you to compare the rates for that account with the others.

 

Don't forget to use the correct spreadsheet for calculating contractual interest available from Vampiress chambers or a link in MINDZAIS signature.

 

HTH

 

Glenn

Kick the shAbbey Habit

 

Where were you? Next time please

 

 

Abbey 1st claim -Charges repaid, default removed, interest paid (8% apr) costs paid, Abbey peed off; priceless

Abbey 2nd claim, two Accs - claim issued 30-03-07

Barclaycard - Settled cheque received

Egg 2 accounts ID sent 29/07

Co-op Claim issued 30-03-07

GE Capital (Store Cards) ICO says theyve been naughty

MBNA - Settled in Full

GE Capital (1st National) Settled

Lombard Bank - SAR sent 16.02.07

MBNA are not your friends, they will settle but you need to make sure its on your terms -read here

Glenn Vs MBNA

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