Phonesurgeon VS First Direct

[harvest]

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

[harvest]

*Correction"

 

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

[Phonesurgeon]

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?

[givememymoney]

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?

[Phonesurgeon]

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.

[givememymoney]

Glad you have worked it out and will get back all the charges. Well done a victory is a victory.

[Phonesurgeon]

Well not yet a victory... FD hasn't replied yet to my letter including my terms... i can't see FD reject my offer now but if they don't budge i will be issuing court claim

[givememymoney]

I expect that they will go with it you aren't asking for anything unreasonable. Lets hope they don't take too long to give you your money

[Phonesurgeon]

I am only asking for the charges back and the removal of the default from my credit file and give ME the money not their collections dept.

I don't think to be unreasonable

[Phonesurgeon]

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?

[givememymoney]

Yes that is correct

[Phonesurgeon]

ok thanks...

runs off to court with the N1 form...:grin:

wish me luck...8)

FD you had your chances... now its in the hands of the law...:grin:

[madhouse5]

Good luck, go get em!!!!

[Phonesurgeon]

HHHEEELLLPPP!!!!!!!!!!!!!

I am filling in the N1 form with my laptop but when i try to print it the stupid printer prints everything including the boarder...

I have already mess up all the N1 forms i got...so what now?

[madhouse5]

Is it the blue border?

[Guest ian cognito]

Print it on white paper, it prints as the proper form

[Phonesurgeon]

Ian is that acceptable at court?

myself being old fashioned i decided to hand write it...:o

[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!!

[Phonesurgeon]

Went into court yesterday and i almost got it right...

My N1 needs tweaking... QUESTIONS:

 

1. WHATS THE STATUS OF FD? PLC LTD?

2. WHATS FD ADDRESS FOR N1?

 

All help appreciated

[Guest ian cognito]

Their registered address is the HSBC one:

 

8 Canada Square

London

E14 5HQ

 

The company name is 'First Direct'

[Phonesurgeon]

so ian for the defendant on the N1 form i put:

HSBC bank plc trading as first direct

is this correct?

I am now going to wait till monday to file as my printer packed it in...

[Phonesurgeon]

Update

My N1 form went in this morning against FD... i will receive shortly the aknowledge from court of the papers being served...

FD your had your chances now's time to pay up

[Phonesurgeon]

Aknowledge from court received this morning.

Claim deemed to be served on 20/04... yep tomorrow.

Now waiting for the solicitor to get in touch with the cheque...

[madhouse5]

Good luck hope they settle soon.

[Phonesurgeon]

MD where are you at with your claim?

Thanks for the good wish