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Preparing N1 for contractual...


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Preparing N1 claim for court...

 

1) Our template here is designed for S69, does anyone have some (proven?) wording for contractual rate?

 

2) Do I state "in the alternative" for S69 at this stage, will nationwide see a copy of this and think I will accept 8%?

 

3) Is it possible to attach a schedule of charges using MCOL, or shall I just go to the courts and submit?

 

Thanks.

G.

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Here's contractual POC's:

 

Defendant charges interest to the Claimant, via the Account, at its published “unarranged overdraft rate” of XX.XX%. The Defendant claims that it is entitled to charge this rate, by virtue of the Terms & Conditions.

 

The unarranged overdraft rate is charged to the Claimant, via the Account, when the Claimant draws money from the Account whilst he has not obtained permission from the Defendant for exceeding any overdraft limit that he has. It is in effect, a rate that the Defendant charges the Claimant when he draws funds from the Defendant when he has no right for doing so.

 

Using, that reasoning and maintaining the principal of equity, mutuality and reciprocity between the parties, the Claimant contends that he is entitled to an equal rate of interest in this case. The Claimant notes in particular that the Defendant erred in law, had no legal right to levy the charges to the Account and refused to refund the Charges when asked to do so by the Claimant.

 

If the Terms and Conditions form part of contract between the parties

hereto then there is an implied and/or imposed term of contract that the Defendant must pay the Claimant at the same rate of interest which it reserves for itself, in similar circumstances. If no express contract exists between the parties hereto then the Claimant contends that an implied and/or imposed contract exists between the parties hereto relating solely to the Claimant’s right to charge interest to the Defendant at the rate which it reserves for itself in relation to similar circumstances.

 

In the alternative, should this court not find that aforesaid implied and or imposed contractual term does exist, Claimant claims interest pursuant to s69 County Courts Act. Interest, in that case, up until XX/XX/XX amounts to £XX.xx, as detailed in Schedule attached hereto. Interest per day thereafter, or part thereof, is £x.xxp

 

You will have to file using N1

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It might be an idea to include the below detailing the amount of interest at the Un/A rate and include 2 separate schedules A and B for each rate:

 

Claimant claims interest at the Unauthorised Rate of XX.XX% Interest up until XX/XX/XX amounts to £XX.xx, as detailed in Schedule A attached hereto. Interest per day thereafter, or part thereof, is £x.xxp

In the alternative, should this court not find that aforesaid implied and or imposed contractual term does exist, Claimant claims interest pursuant to s69 County Courts Act. Interest, in that case, up until XX/XX/XX amounts to £XX.xx, as detailed in Schedule B attached hereto. Interest per day thereafter, or part thereof, is £x.xxp

 

 

 

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It seems the form copy is sent to the Nationwide, surely on seeing this they will offer 8% interest only?

 

(also, court notes say do three copies... do I submit all three (mine \ courts \ nationwides) or just two copies and keep mine?

 

Thanks,

G.

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surely on seeing this they will offer 8% interest only?

In that case you can point out their blind spot!!

 

 

(also, court notes say do three copies... do I submit all three (mine \ courts \ nationwides) or just two copies and keep mine?

3. the court will send 1 back to you.
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