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What do I give to court????

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Hey all,

 

1) If I am unsure how to work out my overdraft charges, and if it is the first time I am taking this form to court, should I still need to fill it in?

I thought I read somewhere that I'd only need to include this charge if it got to the very last part in court?

 

2) The interest pursuant to S.69 County Courts Act 1984 - should the total figure always be x0.00022?

 

3) On the N1 form, when at the Particulars of claim section it says "attached or to follow". Is it ok for me to copy and paste this info there or will I need to print it out separately and attach to the form?

 

4) Last part - Statement of truth. Do I actually need to hire a solicitor to complete this section!?

 

Many thanks in advance - I'll get there in the end!! :)

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1) If I am unsure how to work out my overdraft charges, and if it is the first time I am taking this form to court, should I still need to fill it in?

I thought I read somewhere that I'd only need to include this charge if it got to the very last part in court?

 

I,m not sure what you're asking here. Can youi clarify?

2) The interest pursuant to S.69 County Courts Act 1984 - should the total figure always be x0.00022?

The 8% interest is worked out using 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

 

The daily rate is just your cahrges x 0.00022 eg £495 x 0.00022= £0.11p

 

3) On the N1 form, when at the Particulars of claim section it says "attached or to follow". Is it ok for me to copy and paste this info there or will I need to print it out separately and attach to the form?

Either

4) Last part - Statement of truth. Do I actually need to hire a solicitor to complete this section!?
No just sign it yourself and croos out litigation friend/claimant's solicitor

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I,m not sure what you're asking here. Can youi clarify?

 

The 8% interest is worked out using 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

 

The daily rate is just your cahrges x 0.00022 eg £495 x 0.00022= £0.11p

 

 

Either

No just sign it yourself and croos out litigation friend/claimant's solicitor

 

Thanks for your help with that Michael. :)

 

The first point is in relation to the overdraft charges that you have to put on the N1 form. I noticed the following which was found on the page with the spreadsheets on though...

 

"Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage."

 

I don't think I'm at the preliminary stage yet though am I? :confused:

 

Thanks for confirming what I thought on the second point. I have worked out the 8% already using the basic spreadsheet. I just wanted to confirm that the daily rate for everyone was the total x 0.00022.

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I'm just completing my N1 form.....

 

When working out your daily rate of interest, do you multiply your charges by 0.00022 or your charges and 8% interest figure x 0.00022?

 

NB: I'm not claiming overdraft charges

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There is some spreadsheets on here where it does that for you from the dates and amounts you have given. Think someone called Vampress done them..


October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

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There is some spreadsheets on here where it does that for you from the dates and amounts you have given. Think someone called Vampress done them..

 

Thanks mate but I've already used the spreadsheet to calculate my 8% charges. I need to work out the daily rate, and to do that you either multiply your charges by 0.00022 or your charges and total of 8% charges by 0.00022

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Oh I see, am not too sure on that then. Sorry I couldn't be of more help


October - Letter sent for statements

October - Statements recived. Highlighed my charges (£2785) and sent a letter asking for the amount to be refunded in full

November - Recieved reply making an offer of £1000 which I will not be accepting.

30/11/06 - MCOL 3220.11 INC 8% - wait 14 days...(14/12/06)

Acknowledged on the last day :( 28 days to respond

03/01/07 Barclays are defending. Not sure what happens next...

 

Thanks for everyone's help so far

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"Advanced spreadsheets will also help you to calculate the overdraft interest you have been charged by your bank, which you can request at the preliminary stage."

 

I don't think I'm at the preliminary stage yet though am I?

 

The preliminary stage referred to is the preliminary letter asking for your charges back, not a preliminary stage at court

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The preliminary stage referred to is the preliminary letter asking for your charges back, not a preliminary stage at court

 

Ok, well as I didn't mention any overdraft charges in my letter and I don't really think I've been charged overfraft fees, then I'll probably just take that bit off!?

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I'm not sure if this is correct, but this is how I've done it...

 

Charges £1,322.50

Interest under s.69 County Courts Act 1984 £496.92

Court Fee £120.00

TOTAL £ 1,939.42

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.29 (£1,322.50 x 0.00022 = £0.29 pence per day) OR at such rate and for such periods as the court deems just.

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The spreadsheet i used calculated the daily interest and that was by vampress. But you've done it right in your calculation.

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Here is another easy calculation you can use to find your daily rate:

 

When you file your claim you need to work out the daily rate of interest to put on your form. So you start with the total amount of charges without any of the 8% interest added on, so as an example I'll use £100. So you take your total of £100 and multiply it by 8 then divide by 100, which gives you £8 - this is your annual rate of interest. To get the daily rate of interest you take the £8 (your annual rate) and divide it by 365 which gives you £0.02 - and this is what you would put on your claim form.

 

Lucid :)


Mindzai & Lucid vs Lloyds TSB

*Won unconditionally with contractual interest (29.85% compounded)

Lucid's Account - £749.62 * Joint Account - £2019.64 * Mindzai's Account - £595.65

*All settled in full - 6/2/07

*Hearings - 7/2/07

*Prelims sent - 9/8/06

_______

GOT A COURT DATE? A guide to the later stages

 

[sIGPIC][/sIGPIC]

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Thanks for the confirmation guys. Just didn't want to hand it over and I'd done it the wrong way round!

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Along with my N1 form?

 

Just the spreadsheet of charges? Or do I need to give them copy's of the statements with the charges on as proof as well?

Also, do I need to give them copy's of the letters that have been sent to the bank?

 

Thanks :)

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1) N1 Form (three copies, they stamp one and give it back and keep the other two)

2) Schedule of charges

3) Letters you have sent the bank


iGroup (GE Money) - AoS Filed late, defence late, amended defence also late despite extra time requested and granted.

Vanquis - Claim issued, no AoS or Defence received

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3 threads merged. Could you a) please keep all your queries and updates to one thread per claim, b) tell us which bank you're claiming from, so we can move your thread to the right forum?

 

Thanks.

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