sending court papers~~~~~Help!!

[gimckie]

Hi, I have read loads and can't find a straight answer to my probs. I am about to serve a claim form on Abbey National for my charges back. All my charges excluding interest came to over 3k and this is what I had requested. After allowing them an extra month for their admin I got back the usual "Don't make me laugh" letter and now with interest at 8% APR added (using simple-charges-calc) it is now over 3.5K excluding court fees. (£120) On the claim form (N1) should I hand write details such as Claimant details, Defendant details, Brief details of claim and value or should this be printed on? also, in the Particulars of claim sheet, should section 5a show the ammount claimed with or without my interest added. I then send a copy to the court, (with my fee) do I send a copy to the defendant or do the courts do that? Am I missing anything else?? This was a joint account, do I have to claim in both our names? I can send the papers on reciept of your advice. Many thanks, Graeme Mckie

[Bigmac versus]

Hi Graeme

Was the claim started as joint, continue as you started.

Write or print, your choice.

Show the amount you are claiming plus judicial interest of 8% see in attached schedule of charges

Courts send

Remember to claim the costs.

 

HAVE A LOOK IN HERE FOR SOME GUIDANCE

 

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

[gimckie]

Hi Bigmac Versus and thanks for your reply. The claim was for a joint account and so I will continue to claim in joint names. Thank you. At present I have 3 copies of the N1 form, my schedule including 8% and court costs and also my particulars of claim. To proceed, I think I need to fill in the N1 form and send it to court with my schedule and particulars of claim. Do my details on the N1 form have to be printed or can I hand write them? also, section 5a asks for "amounts debited in respect of charges" should I include the 8%interest in this figure which goes here. The charges come to £2,896 and with interest (8%) comes to £3,653. Which figure goes at 5a?? (this excludes court costs etc.) Your help would be most appreciated. Many thanks, Graeme

[mariejader]

you can write it but it's easier to cut and past the information from the template library straight into the N1 and amend as necessary, also if you make a mistake it's easy to correct it,

 

With regards to your section 5

 

5. Accordingly the claimant claims:

 

a) The return of the amounts debited in respect of charges in the sum of £2896, and the interest under s.69 County Courts Act 1984 £757. as at x date 2007.

 

Total £3653

 

b) etc

 

Obviously you will need to check and change the figures.

 

I hope that is what you were asking?

[gimckie]

Thanks Mariejader I'm almost ready to go. At the statement of truth on the N1 form, do I need to identify a solicitor or is this done at court. Also what should I enter at "Value" on the form? Is this the value of the claim or the Value of the court costs, Interest, ?? something else??

[Michael Browne]

At the statement of truth on the N1 form, do I need to identify a solicitor or is this done at court.

Croos out 'I am duly....'

Leave Full Name and Claimant's Solicitors Firm blank

Cross out Litigation Friend and Solicitor

 

Value:

Bank charges (and overdraft interest if claimed) - £XXXX

Data Protection Act Fee - £XX (if claimed)

S69 8% Interest - £XXX

Total of - £XXXX

Plus daily interest at 8% of £0.XXp from the date of issue until settlement.

 

 

Amount claimed: Charges + Data Protection Act Fee + s69 8% Interest- £XXX

Court fees: £XXX

Sols costs; None

[gimckie]

Thanks guys, extremely helpful. will post again if I get any results.