iosh v abbey

[iosh]

Hi everyone

 

with letters being sent up and down the time as come to take the abby to court. Can some help me as i have to fill out the claim form but dont know what to put in it. And for their got will gesture they can jog on.

 

Regards

iosh

[bp]

hi josh if its the N1 form you are talking about then have a look at this liknk it tells you how to complete it

 

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

[iosh]

Thanks bp

[iosh]

my charges are £3,966.00

Overdraft interest £1,028.27

court fee £120

but what is the interest under s.69 county courts act 1984£xxxx

can some one help please as im trying to fill this claim form out.

Cheers

iosh

[bp]

hi josh, the s69 in simple terms is the rate of interest which the courts feel is appropriate to charge the defendant for your loss, as in lets say they had not charged your acc, you could have used your money to invest. It is at the discretion of the courts but i've yet to hear a bank which has not paid for this once a court claim has been lodged.

[charleyfarley]

josh,

 

Some bedtime reading for you

 

http://www.consumeractiongroup.co.uk/forum/general/6964-spreadsheet-interest.html

[iosh]

still trying to get my head round this. Can some one check that i have filled this this part of the N1 form correctly below as i need to know what i put in the daily rate figure below.

thanks

john

 

The claimant has an account xxxxxx with

the Defendant, opened in February 2001.Since

09/05/2001 the Defendant debited charges and

interest in respect of puroprted breaches of

contract. 3. Defendant is aware of all

details as a list of charges has already

been supplied. Another copy will be sent.

4.Claimant contends: (a)return of the

amounts debited of £3,966.00; (b)Interest

per s.69 County Courts Act 1984 of 8%-

£1,028.87 continuing at 8% until judgment or

settlement at a daily rate of £xxxx; 6.

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. 7. costs allowed by the

Court

[Michael Browne]

The above POC's are not sufficient

 

Are you filing at MCOL or using N1?

[iosh]

using N1 i hate fillinf forms out i just want to get it right can you help

 

iosh

[Michael Browne]

See the link in post#2 above

[mariejader]

my charges are £3,966.00

Overdraft interest £1,028.27

 

what is the 8% figure from the spead sheet? you need this to work out the daily interest rate

[Michael Browne]

my charges are £3,966.00

Overdraft interest £1,028.27

How did you work out the overdraft interest figure. You don't seem to have used a spreadsheet.

 

Is this figure all the overdraft interest from your statements?

[iosh]

i used the Calculator from martin lewis money expert website

[Michael Browne]

Overdraft interest £1,028.27

So this figure is not actually overdraft interest, but 8% interest on your charges?

[iosh]

yes what do i do next??????????

[Michael Browne]

You need a schedule of charges. The MSE calc is ok but,

1. You can't update it and you need one calculated to the date you file

2. You can't enter the type of charge

3 you can't save it.

 

So, use the Simple S/S here:

 

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

 

See here for a visual guide:

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

[iosh]

Thanks michael these are the charges i sent to abbey twice do i have to start again with the link you gave me

 

DateCharge ValueamountInterestTotal 09/05/2001unpaid dd charge £30.00£13.92£43.9208/06/2001unpaid dd charge £30.00£13.72£43.7209/07/2001unpaid dd charge £30.00£13.52£43.5209/07/2001unpaid dd charge £30.00£13.52£43.5209/07/2001unpaid dd charge £30.00£13.52£43.5209/07/2001unpaid dd charge £30.00£13.52£43.5208/08/2001unpaid dd charge £30.00£13.32£43.3208/08/2001unpaid dd charge £30.00£13.32£43.3208/08/2001unpaid dd charge £30.00£13.32£43.3209/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/09/2001unpaid dd charge £30.00£13.11£43.1109/10/2001unpaid chq charge £30.00£12.91£42.9109/10/2001unpaid dd charge £30.00£12.91£42.9109/10/2001unpaid dd charge £30.00£12.91£42.9108/11/2001unpaid dd charge £30.00£12.72£42.7208/11/2001unpaid dd charge £30.00£12.72£42.7208/11/2001unpaid dd charge £30.00£12.72£42.7209/12/2001unpaid dd charge £30.00£12.51£42.5109/12/2001unpaid dd charge £30.00£12.51£42.5108/01/2002unpaid dd charge £30.00£12.31£42.3108/01/2002unpaid dd charge £30.00£12.31£42.3108/02/2002unpaid dd charge £30.00£12.11£42.1108/04/2002unpaid dd charge £30.00£11.72£41.7209/05/2002unpaid chq charge £30.00£11.52£41.5209/06/2002unauth o/d fee £15.00£5.66£20.6609/06/2002cleared transaction £15.00£5.66£20.6609/06/2002cleared transaction £15.00£5.66£20.6609/07/2002unpaid dd charge £30.00£5.56£35.5609/07/2002unpaid dd charge £30.00£5.56£35.5609/07/2002unpaid dd charge £30.00£5.56£35.5609/07/2002unpaid dd charge £30.00£5.56£35.5608/08/2002unpaid dd charge £30.00£10.92£40.9208/09/2002unpaid dd charge £30.00£10.72£40.7208/09/2002unpaid dd charge £30.00£10.72£40.7209/10/2002unpaid dd charge £32.00£11.21£43.2109/10/2002unpaid dd charge £32.00£11.21£43.21 Dateunpaid direct chargeamountInterestTotal 09/12/2002unpaid dd charge £32.00£10.79£42.7909/02/2003unpaid dd charge £32.00£10.35£42.3511/03/2003unauth o/d fee £15.00£4.75£19.7508/04/2003unauth o/d fee £15.00£4.66£19.6608/04/2003unpaid chq charge £32.00£9.94£41.9408/06/2003unpaid chq charge £32.00£9.52£41.5209/07/2003unauth o/d fee £15.00£4.36£19.3609/07/2003unpaid chq charge £32.00£9.30£41.3008/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/08/2003unpaid dd charge £32.00£9.09£41.0908/09/2003unpaid dd charge £32.00£8.87£40.8709/10/2003unpaid chq charge £32.00£8.65£40.6509/10/2003unpaid dd charge £32.00£8.65£40.6509/10/2003unpaid dd charge £32.00£8.65£40.6509/10/2003unpaid dd charge £32.00£8.65£40.6509/11/2003unpaid chq charge £32.00£8.44£40.4409/11/2003unpaid chq charge £32.00£8.44£40.4409/11/2003unpaid dd charge £32.00£8.44£40.4409/12/2003unpaid dd charge £32.00£8.23£40.2309/12/2003unpaid dd charge £32.00£8.23£40.2308/01/2004unpaid dd charge £32.00£8.02£40.0208/01/2004unpaid dd charge £32.00£8.02£40.0208/01/2004unpaid dd charge £32.00£8.02£40.0208/01/2004unpaid dd charge £32.00£8.02£40.0209/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7909/02/2004unpaid dd charge £32.00£7.79£39.7910/03/2004unpaid dd charge £32.00£7.58£39.5810/03/2004unpaid dd charge £32.00£7.58£39.5810/03/2004unpaid dd charge £32.00£7.58£39.5810/03/2004unpaid dd charge £32.00£7.58£39.5808/04/2004unpaid dd charge £32.00£7.38£39.3808/04/2004unpaid dd charge £32.00£7.38£39.3808/04/2004unpaid dd charge £32.00£7.38£39.3809/07/2004cleared transacation£20.00£4.21£24.2109/08/2004unpaid dd charge £32.00£6.52£38.5209/08/2004unpaid dd charge £32.00£6.52£38.5209/08/2004unpaid dd charge £32.00£6.52£38.5208/09/2004cleared transacation£20.00£3.94£23.9408/09/2004cleared transacation£20.00£3.94£23.9408/09/2004cleared transacation£20.00£3.94£23.9408/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.30 Dateunpaid direct chargeamountInterestTotal08/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3008/09/2004unpaid dd charge £32.00£6.30£38.3009/10/2004cleared transacation£20.00£3.80£23.8009/10/2004cleared transacation£20.00£3.80£23.8009/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0909/10/2004unpaid dd charge £32.00£6.09£38.0908/11/2004cleared transacation£20.00£3.67£23.6708/11/2004unpaid chq charge £32.00£5.88£37.8808/11/2004unpaid dd charge £32.00£5.88£37.8808/11/2004unpaid dd charge £32.00£5.88£37.8808/11/2004unpaid dd charge £32.00£5.88£37.8809/12/2004cleared transacation£20.00£3.54£23.5409/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6609/12/2004unpaid dd charge £32.00£5.66£37.6608/02/2005cleared transacation£20.00£3.27£23.2708/02/2005unpaid dd charge £32.00£5.23£37.2308/02/2005unpaid dd charge £32.00£5.23£37.2308/02/2005unpaid dd charge £32.00£5.23£37.2308/04/2005cleared transacation£20.00£3.01£23.0108/06/2005cleared transacation£20.00£2.74£22.7408/06/2005cleared transacation£20.00£2.74£22.7409/07/2005cleared transacation£30.00£3.91£33.9109/07/2005cleared transacation£30.00£3.91£33.9109/07/2005cleared transacation£30.00£3.91£33.9109/07/2005unpaid dd charge £32.00£4.17£36.1709/07/2005unpaid dd charge £32.00£4.17£36.1709/07/2005unpaid dd charge £32.00£4.17£36.1708/08/2005cleared transacation£30.00£3.71£33.7108/08/2005unpaid chq charge £32.00£3.96£35.9610/09/2005cleared transacation£30.00£3.50£33.5010/09/2005unpaid dd charge £32.00£3.73£35.7310/10/2005cleared transacation£30.00£3.30£33.3008/11/2005unpaid chq charge £32.00£3.32£35.3208/11/2005cleared transacation£30.00£3.11£33.1108/08/2006unpaid dd charge £35.00£1.53£36.5308/08/2006unpaid dd charge £35.00£1.53£36.53 £3,966.00£1,028.87£4,994.87

kind regards iosh

[Michael Browne]

No, not at all they're fine. Well they look a mess actually, but formatting always disappears when you try and paste on a thread!!!!

 

Obviously the interest will have increased slightly (87p per day) since you made the calculations but in relation to the total claim it's not really worth doing that lot all over again

[Michael Browne]

The particulars of claim you're proposing to use are not sufficient.

 

For N1 use these:

4. Particulars of claim - N1 - hard copy version

[iosh]

Hi michael is this ok can i take out the section 69 or what to i put in it help please.

 

CLAIM NO: xxxxxxxx

 

In the [insert court name] County Court

 

john

Claimant

-AND-

[Abbey National plc]

Defendant

CASE SUMMARY

_________________________ _________________________ ___

• I am the Claimant in this case.

• Wrote to the Defendant
   
  2. On 03 Feburary 2007 I wrote to the Defendant requesting a refund of charges.
   
  3. I received a letter from the Defendant on the 09 February saying that they are investigating my complaint
   
  4. On 27 February I wrote again to the Defendant advising that I am disappointed that you have not agreed to refund my charges and i would be filing a claim should I not receive a satisfactory response.
   
  5. 7th March received a letter from the Defendant with a goodwill gesture.

6. On the 08 March 2007 received a letter from the complaints Department

that they are investigating my complaint.

7. On the 09 March 2007 sent a letter to thank them of their gesture of

goodwill with the attached charges that they owe me. And will be

proceedings for the rest at court.

8. On the 15 March received a letter from the Defendant saying they are

investigating my complaint.

9. During the period in which the Account has been 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.

 

9. A list of charges applied is attached to this Case Summary.

 

10. 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 Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?)

11. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £4,994.87 which includes overdraft interest charged;

 

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

 

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

 

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so.

 

 

Statement of Truth

I believe the facts stated within this Case Summary to be true comprising of xx pages.

26th March of 2007

Signed

[iosh]

[bp]

Hi michael is this ok can i take out the section 69 or what to i put in it help please.

 

CLAIM NO: xxxxxxxx

 

In the [insert court name] County Court

 

 

 

john

 

 

 

Claimant

 

 

-AND-

 

 

 

[Abbey National plc]

 

 

 

Defendant

 

 

 

CASE SUMMARY

_________________________ _________________________ ___

 

• I am the Claimant in this case.
  
• Wrote to the Defendant
   
  2. On 03 Feburary 2007 I wrote to the Defendant requesting a refund of charges.
   
  3. I received a letter from the Defendant on the 09 February saying that they are investigating my complaint
   
  4. On 27 February I wrote again to the Defendant advising that I am disappointed that you have not agreed to refund my charges and i would be filing a claim should I not receive a satisfactory response.
   
  5. 7th March received a letter from the Defendant with a goodwill gesture.

6. On the 08 March 2007 received a letter from the complaints Department

that they are investigating my complaint.

 

7. On the 09 March 2007 sent a letter to thank them of their gesture of

goodwill with the attached charges that they owe me. And will be

proceedings for the rest at court.

 

8. On the 15 March received a letter from the Defendant saying they are

investigating my complaint.

 

Its up to you but do you really need the above? if it gets to a later stage where you have to send in your court bundle, you'll have to send in your correspondences anyway.

 

9. During the period in which the Account has been 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.

 

9. A list of charges applied is attached to this Case Summary.

 

10. 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 Terms in Consumer Contracts Regulations 1999, Paragraph 8, Schedule 2(1)(e); The Unfair (Contracts) Terms Act 1977 Section 4; and the Common Law. (****hope this is what you meant?)

Again, you have added this in and i suppose if it comes to alater stage, you'll know which section to look at for your argument. The courts have had thousands of these claims and i should think that by know they should know what its all about.

11. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £4,994.87 which includes overdraft interest charged; how much of this amount is overdraft interest? you need to put in.

 

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

 

iii. Interest of £xxxxxxxx (as at 26.06.06) under Section 69 of the County Courts Act as set out on the attached list of charges.

 

12. I would respectfully ask that the Court, in this case, notwithstanding allocation to the small claims track, order standard disclosure.

a. The Defendant to file at the Court office and serve me with a list setting out how charges have been calculated.

b. I understand that it is in the Courts discretion to do so.

 

 

Statement of Truth

I believe the facts stated within this Case Summary to be true comprising of xx pages.

 

26th March of 2007

 

Signed

[iosh]

 

 

I hope this helps in some ways. if not my apologies

[Michael Browne]

1 Particulars of Claim, not Case summary

 

2 1-8 are not really necessary, but ok if you want.

 

3 This is missing:

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

 

4.11. Accordingly the Claimant claims:

i. The return of the amounts debited in respect of charges in the sum of £3966

ii. Court costs (court fee of £120.00, Allocation Questionnaire fee of £100.00).

iii.. Interest pursuant to S.69 County Courts Act 1984 of 8% as set out on the attached list of charges £1028.87 - continuing at 8% until judgement or settlement at a daily rate of £0.87p.

5.A list of charges applied is attached to this Particulars of Claim.

6.Delete 12 a & b This is for the AQ later

7.I believe the facts stated within this Particulars of Claim to be true comprising of xx pages.

 

[iosh]

thanks you are a star

[iosh]

michael should i put the address for abbey london or my local address as i put the london address and summited my claim on line sugar i hope i have done it right

 

Cheers

iosh

[Michael Browne]

s

hould i put the address for abbey london

Yes

 

summited my claim on line sugar i hope i have done it right

How have you managed to submit the above Particulars of Claim on-line?