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Phonesurgeon VS First Direct


Phonesurgeon
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Phonesurgeon

 

Have a look at how Bong represented interest on the N1 form - quite clever really...

 

He put his total in and simply said plus interest and then added the total plus interest at the end ond on his attached particulars of

 

http://www.consumeractiongroup.co.uk/forum/post-353001.html post 31 in Bong v HSBC

 

This is the text of one of Bong's post in his thread re: contractual interest:

 

"just one thing which may be of interest to others, there has been some debate in other threads about whether the contractual interest gets added onto the value section of the N1 form and therefore included for allocation and/or determination of the court fee.

 

I did some research of the CPR which indicated that for track allocation purposes the court disregards the interest claimed, but the court guidance notes for filling in the form are quite explicit in that interest should be included in the amount claimed box for the purposes of evaluating the court fee payable.

 

I decided to try my luck and on my form in the amount claimed box I wrote £2,805.53 plus interest, and the court clerk assessed the fee as being £120. If I had added on the contractual interest it would have come to £5,506 and the court fee would have been £250 I believe. No doubt I will hear from the court if someone else takes a look at the form in detail and re-assesses the court fee due."

Hope this helps Phonesurgeon - Good Luck :)

Claim against First Direct - WON - 29th March 2007

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*Correction"

 

Bong is a She not a He :) ...don't know why I keep mixing up her gender :confused: - must be cause She had the balls to see the whole thing through and win her claim and contractual interest :grin:

Claim against First Direct - WON - 29th March 2007

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UPDATE: AAAAAARRRRRRRGGGGGGGHHHHHHHHH

I received a letter for settlement from first direct refunding only the charges not the interest so i went to check my summary of charges and the calculations of interest i applied are somewhat erratical....

I MUST HAVE BEEN ON DRUNK OR ON DRUGS OR BOTH!

I do not use drugs but this is a major setback and collapse of my claim!

Please anyone help! Please?

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Need a bit more detail to give you some help although I do have a couple of questions.

 

Did you actually claim contractural interest and if so at what rate?

 

Are you sure that you haven't confused contractural interest with the interest that FD apply to your account for being overdrawn?

Guide to claiming back your bank charges

 

Most of your questions can be answered by following this link.

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I ve confused the contractual interest with the interest FD applied to my overdraft.

They offered me the full amount of charges(£1187) but not the interest applied.

I ve decided to quit while ahead and accepted their offer on the clear understanding that they remove the default from my credit file and pay me by cheque and not transfer the money to their internal collection dept.

I ve learned a hard lesson here today and this will not happen again.

If FD do not comlpy then it will be court with statutory interest.

Lets see what happen next.

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  • 2 weeks later...

Update

FD did not follow through their GOOD WILL GESTURE...

So i am now preparing the court papers... i am old fashioned so i will be filing these papers into the actual court...

one thing i am doubious... the statutory interest calculated daily?????:???:

my claim is for £1209x(0.00022 as per the details in the template library)=0.26598

which means that from today until they settle i am adding 26 pences to the total for each and every day passed.

Is this correct? can anyone or one of the mods confirm?

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Guest ian cognito

Yes, I have used the template on here and just printed it double sided, used the companies expensive glossy paper but thats the only perk of the job!!

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Guest ian cognito

Their registered address is the HSBC one:

 

8 Canada Square

London

E14 5HQ

 

The company name is 'First Direct'

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