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chippendave

Chippendave v Woolwich

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Hi i did my claim with money claim online before christmas, the woolwich have acknowledged it today they now have until 22 january to reply. What is likely to happen and as i have filed the claim does that mean I get 8% interest on top of what they already owe me.

 

chippendave:| :idea:

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as i have filed the claim does that mean I get 8% interest on top of what they already owe me.

 

Only if you included the s69 County Court Act clause in your POC's

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I said I wanted to claim back the 8% interest but didn't include th clause I screwed up haven't I?

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I screwed up haven't I?

Maybe, maybe not. What exactly did you put in your POC's?

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I put I am claiming back £870.50 in unfair charges. I have written 3 letters to the woolwich and recieved an offer of £375.00 I accepted this in part payment but said I would pursue the remainder. They have told me unless I accept their offer the would no increase it. I consider this unfair and wish to pursue the claim through mcol. I also wish to claim 8% interest on top of the £870.50 owed to me plus costs.

 

chippendave

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Regarding the N244:

 

1. Tick © (without a hearing)

 

Part A

 

intend to apply for an order that:

amends my particulars of claim

 

because:

my particulars of claim did not state the statutory provisions on which my claim relies

 

Part B

Tick evidence in part c

 

Part C

Please find attached to this application my proposed new particulars of claim, amended to include the statutory provisions on which my claim relies , as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

 

 

 

Fill in From N1 and include the particulars of claim below

N1 Claims form in .PDF format with form filling

 

 

 

PARTICULARS OF CLAIM

 

1. The Claimant [has] [had] an account (XXXX Account No) with the Defendant which was opened on or around Date [and closed on or around date]

 

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. 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.

 

6. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £XXXX and any interest charged thereon;

b) Court costs;

c) Interest pursuant to S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgement or settlement at a daily rate of £0.xx.

 

 

Send N244 + 3 N1 + 3 schedules + £35 fee to the court. They will send 2 back, 1 of which you serve/send to the defendants and confirm to the court that you have done so.

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Hi I just printed off the form and I know this is stupid but what do I do with it? where do I change what I put in the poc part of my claim. Also i've been reading alot of banks are putting in a defence of people are they getting their own back or is this a delay tactic? sorry to be annoying you :)

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In order to work out the s69 8% interest :

 

Use the Simple S/S here:

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/182-interest-calculation-spreadsheets.html

and guide here:

http://www.consumeractiongroup.co.uk/forum/barclays-bcard-woolwich-successes/7226-maisielou-barclays.html#post50088

 

Overwrite the existing examples type of charge, amount and date.

 

The days since and 8% will be calculated automatically

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Have moved your posts here.

Keep us informed about the ammendments.

It is likely to add more time to proceedings and will need the Judge to look at it and agree but better safe than sorry.


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