Help! Printing error on filed claim

[tstobbs001]

I filed my claim with my local court on Friday. I'm claiming for four accounts, so used an N1 instead of MCOL. While filing my copy away today, I noticed a printing error in the particulars of claims.

 

I am claiming £1404.50 in charges, and £144.93 in interest. These amounts are clearly and correctly detailed in the Value: and Amount Claimed: boxes on the first page of the claim form, but in the particulars of claim, it says I am claiming return of amounts debited in respect of charges in the sum of £ 3 and any interest.... - I paid £120 to file this claim - I really want to get back more than £3!!

 

I also noticed an error in my schedule of charges. Some of the charges have the incorrect dates next to them (the days and months are correct, but the years are not). This affects the interest I am entitled to claim (I've done myself out of a whopping £32!). I'm not bothered by the interest, but am worried about the dates being wrong.

 

How is this going to affect my claim? I guess I should send a revised statement of charges?

 

Please help.

[jowalshy]

I know that when you file MCOL you can change bits of it after (before it is served, but this costs you ( can't remember how much about £35 I think). I'm not sure about N1. Is there a helpline on the form? If there is, explain the situation to them and they should point you in the right direction. Ring first thing tomorrow.

[Castlebest]

Phone the court first thing Monday morning, I believe you have a 24 hour period when you can withdraw your claim and the court will refund your fee, not sure how that works over weekends though. Then you would have to submit it again with the correct figures detailed.

Failing that as Jo says you can alter/correct your claim, you need a form from the court and it will cost you £35.00 which isn’t recoverable (your error) again the court will be able to tell you how to do this on the telephone.

pete

[tstobbs001]

Hi. First of all, I want to say thank you for your replies. And I would also like to apologise for not returning them. Work, my claim and other things have meant I have not had the time.

 

Anyway, here is my story to date:

I rang the court as soon as possible, and was told that my claim had already been processed (seems that as I paid by cash, not cheque, this happened faster than usual) - so would need to file an N244. This was filed on 11 April.

 

HSBC's defence was due on 5 May 2007, but was actually filed early - 26th April.

 

Allocation Questionaire was due on 21 May, but I have not had a chance to ring the court to see if DG filed theirs on time. The court is closed until Thursday.

 

I received a notice of ALLOCATION HEARING WITH OTHER CASES dated 24 May 2007 (so I guess DG's AQ has been filed?). The date is set for 25 June 2007, at Kingston Upon Thames county court. - Only four weeks away!!

 

I'm not sure if this means I can expect an offer before this date or not - surely DG have nothing to lose by turning up on this date, as it is merely a hearing to decide the allocation track. An offer would be nice

 

Will I need to take anything with me to court on this day?

 

I have not sent DG a copy of my N244, as I gave the court 2 copies in the belief that they would send a copy. I have since been led to believe this is not the case, so will be sending DG a copy of it today. (I tried to ring to see if they received a copy - but you guessed it - answerphone!)

 

I filed my N244 on 11 April

[tstobbs001]

I received a very nice letter from DG yesterday. It is the first time I have heard from DG, and they have offered 100%. I never expected their first letter to offer 100%, so you can imagine how happy I am.

 

The full amount is made up of all charges, court costs (filing fee and allocation questionaire), and 8% interest up to and including the date of my last nudge letter (when I sent them a copy of my AQ)

 

Of course I am going to accept the offer, but I do have a couple of issues with DG's letter. Firstly, they have stated that the charges relate to the period 30 March 2001 to 30 March 2007, when in fact, the charges detailed on my schedule were from 14 October 2003 and 11 February 2007.

 

Secondly, I lumped four accounts into the one claim - 2 of these are joint accounts, however, the name of one of them does not include my name. DG's letter states that I have supplied details of an account to which I am not a party, although they have also considered this account when reaching the settlement offer.

 

Below is the letter I am going to send to DG. I am still deciding whether to point out that I am in fact a party to the stated account, they haven't reduced the offer because of this, so I'm not sure if I have anything to gain. I'll think about it for the next hour or so, and possibly remove it.

 

 

 

I acknowledge receipt of your letter dated 7 June 2007 and your settlement offer of £1822.

 

Please note that while your letter states the claim related to charges levied to my account in the period from30 March 2001 to 30 March 2007, the actual period where the claim related to was 14 October 2003 and 11 February 2007. These were detailed on the schedule that was attached to the claim.

 

Your letter also states that I have supplied details of charges passed to an account that I am not a party. Please note that this is incorrect and if necessary update your records. I would like to confirm I am in fact a joint account holder on the Account number XXXXXX XXXXXXXX, although the account is in the name of (Joe Bloggs) only.

 

I accept your offer as full and final settlement only for this claim of bank charges made on my accounts between 14 October 2003 and 11 February 2007. I would appreciate it if you could please arrange for this refund to be made to account number XXXXXX XXXXXXXX.

 

I accept this offer without prejudice and I reserve the right to make any further claims should you apply future charges that may be considered unlawful under common law or in violation of the Unfair Terms in Consumer Contracts Regulations 1999 or Unfair Contract Terms Act 1977.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim. Please do not arrange for the hearing set for 25 June to be cancelled, I will arrange for this myself upon receipt of the full settlement.

 

I am also not prepared to agree to any confidentially clauses you try to impose, unless of course your client wishes to make an offer of due consideration in addition to the amount of £1822, in order to be afforded this privilege by myself.

 

I trust that you will find this arrangement acceptable.

[freakyleaky]

WOW another offer! Congratulations!

 

Can I just point outhtat you have left a name in the letter above so you might want to edit it to protect your identity!

[tstobbs001]

Thanks for pointing that out - it's not my identity I'm protecting, so even more reason for me to remove it.

[freakyleaky]

No problem, and once again, congratulations!

[tstobbs001]

Help! Now I'm starting to panic. I wish I had stuck to the standard template now.

 

I have just received another letter from DG. They have agreed with the points being made in my acceptance letter (except the end of the period date - the charge was made on 5 March 2007, but clearly said CHARGES TO 11 FEBRUARY 2007, but I don't care anymore).

 

However, they have stated their client confirms the account is in joint names and therefore both parties must sign the acceptance in this respect, and have listed all four accounts out separately in the acceptance.

 

The other party to the account no longer lives in the country, so this is not possible. I feel like telling DG that I will get the other party to sign it if and only if DG are willing to fund a flight for me to Amsterdam (and pay up front because I have no money). But I don't think that's a good idea.

 

Although the accounts are in joint names, only one signature is required for any instruction made to the bank (This was agreed by us when we opened the accounts, but see below, copied from terms and conditions)

 

I'm thinking I might say something like....

 

Please note that Joe Bloggs is currently abroad, and therefore is unable to sign the acceptance. Only one signature is required on the accounts to make an instruction to the bank. Therefore, in his absence, please accept my signature on his behalf.

 

My court date is 25 June 2007, DG have asked me to return my acceptance at least 4 days prior to the hearing, so they obviously don’t want to go to court, I’m just worried about what they might do if both signatures are not there. I really need this money now. I can’t wait until later.

 

Another option I think I may have, is to contact the other party and ask him to send an email, stating that he cannot sign. But he has gone incognito, so I don’t know if I will be able to get hold of him

 

___________________________________________

 

HSBC’s current terms and conditions state:

 

Unless this conflicts with another authority given in writing on the joint account, and until any one of you cancels this authority, you authorise us to:

• pay all cheques and accept other instructions for payment (including those given to us using our Telephone Banking Service or Internet Banking Service), or to stop such payments, signed or given by any one of you, whether the account is in debit or credit, and

• deliver any item held by us in safe keeping in your joint names against the receipt of any one of you, and

• accept instructions signed or given to us by any one of you to act on behalf of you all in all other transactions with us, including providing a loan, overdraft or other facility and opening further accounts in your joint names and, for such purposes, instructions may be in writing or any other form we accept and may be given by any means or through any media we accept and on such terms as we may tell you.

 

2.1.2 We will accept such authority until it is cancelled by any one of you (unless otherwise agreed in writing) or treated by us as cancelled under clause 2.1.3 or cancelled by law

 

The terms and conditions effective on the date the first account was opened state:

All of you are together and individually responsible for any money owed to us on the joint account . We may demand repayment from all and any of you for any money owing on the account .

[freakyleaky]

The terms and conditions seem to state that either one of the account holders can deal with the bank individually.

The letter you have drafted above would seem enough to me but you should seek advice from a moderator or site helper on this.Send a moderator or site helper a private message.

 

 

I am sure you will get your money.

[tstobbs001]

Thanks, that's what I thought too.

 

Who are the moderators?

[freakyleaky]

They are the all knowing gods who are basically in charge of this site!

If you click on this you can outline your problem and your thread will be flagged up to the mods. They will then take a look and hopefully help you out!

[tstobbs001]

Thanks for your help. I knew they were gods, but just didn't know how to get hold of them.

[freakyleaky]

Thanks for your help. I knew they were gods, but just didn't know how to get hold of them.

 

LOL:)

I will be praying for you!

[tstobbs001]

I need all the prayers I can get - so yours is grately appreciated. Thank You. I'm sure I will be fine, just panicing, because I really need this money now.

[MARTIN3030]

Dear .........

 

Thank you for your letter of........the contents of which have been noted.

My understanding is that I am the lead name of this account and the other former person is no longer resident in this country nor has any intention of making claims regarding this account.

I therefore refute any suggestions by yourselves that the other party needs to sign.

However should you feel that I am being unreasonable in refusing to accept your instructions,then I am prepared to let the courts decide.

It is my view that,given the situation and facts of the matter,the courts will view very favourably my case.

I trust the settlement can now be made as offered,without the wasting of further court time or costs to yourselves.

 

 

Yours faithfully

[tstobbs001]

Martin, that is a fantastic letter, thank you!

 

However, I think I will be OK. I have finally managed to get hold of the other party to the account, and he will be able to send an email acceptance to me, with a scanned signature, then I can add mine. Under the circumstances, DG can't complain about that, can they?

[MARTIN3030]

I had a similar battle with Barclays over this.

At the last minute they said they needed my partners consent......they were saying that if she came on to them later then they may have to pay twice.

I said ok well .......it looks like court then !!

I drafted a letter and faxed it to Barclays litigation.

Basically it said that I believed that I was entitled to the refund in total and that if the ex partner did contact them then they should referre them to me and if they wanted to take me to court then let them do it.

That did the trick.......I had the money in 4 days.

Just give them something to cover themselves should the other person try to make a claim on this in the future.

[MARTIN3030]

Oops....thats good to hear our posts crossed.

No problem then.

well done.

[MARTIN3030]

By the way........Moderators are NOT Gods..........we only THINK we are........

[tstobbs001]

Thought I would update everyone, and let you know how I got on. I managed to get a scanned signature (twice, once for each joint account) from my ex, and added this to my letter of reply, which DG received last Tuesday (19th June).

 

Friday, money had magically appeared in my accounts - they had split the full amount up over the accounts, to match what they had stated in their offer letter.

 

The interesting thing is, the amounts that went into the accounts really didn't match what I was claiming for, although it totalled up alright, so I don't really know how they made the split. But anyway, am I bovvered?

 

Can one the of mods change my thread to WON!

 

thanks