PPMAN v Nasty Vest Help Needed re Form N244

[PPMAN159]

I have issued a claim against Nat West for £4707 which has been served on them and they have written to say that they intend to defend.

 

On the back of the defence notification I sent to Northampton County Court the schedule of charges along with the interest calculation at 8%.I also sent a form N244(Application notice).

 

I have had the N244 returned with a note to day that I need to amend the particlulars of the claim in Part A(2) along with submitting a new N1 form detailing the new amounts in red.

 

I am probably missing something here but I need a bit of guidance in what to do next.

 

On the N244 under Part A section 1 I have entered my name.

 

Section 2 says 'state clearly what order you are seeking and if possible attach a draft-here I originally added 'as claiment in the case I may amend my claim' Is this correct?

 

Section 3 says 'Briefly set out why you are seeking the order.Include the material facts on which yiu rely, indentifying any rule or statuory provision.Do I need to enter any detail here?

 

I have then ticked the box in Part B that relates to the evidence in Part C in support of my application and have added comments in Part C to details taht I am attaching a scedule of the charges along with interest calculation.

 

Could someone let me know where I have gone wrong along with advising on the N1 form.

 

MAny thanks.

[Deller]

1. Tick c), without a hearing

 

Leave the rest blank

 

Part A:

 

I ***** (the claimant)

 

(that....) allows an amendment to particulars of claim in respect of total claim value

 

(because....) the claimant is now aware that an error was made in calculating the amount owed

 

Part B:

 

tick 'evidance in part C' box

 

Part C:

 

Something like;

 

"I respectfully request that the court allows an amendment to my particulars of claim in respect of the claims value only.

 

 

Please find attached to this application my proposed new particulars of claim, amended to represent the correct claims value, as well as an amended schedule of the amount claimed in respect of penalty charges levied by the defendant"

 

 

 

Fill in an N1 using the POC's here:

4. Particulars of claim - N1 - hard copy version

 

Take 3 copies of the N1 and 3 schedules with the N244 and £35 fee to the court. They will send 2 back to you, 1 of which you serve/send to Nat West's solicitors and confirm to the court you have done so.

[PPMAN159]

Deller

 

You are a superstar

 

Many many thanks

[PPMAN159]

Just received a call from the good lady to say that a letter has been received from Nasty Vest offering me £4587, which is the total amount that I claimed from them!!!!!!!!.

 

I have claimed via MCOL and this is due to expire next week so I am now in a quandry as to whether to send the new N244 and N1 or accept.

 

My temptation is to accept in order to keep the account open but would be interested to hear what others think prior to making my next step.

 

Many thanks

[The cobbett slayer]

That's a good one!

 

If I'm reading this correctly, the amount of the amendment is £120. It's going to cost you £35.00 to put the N244 in (not recoverable) so in essence the difference is £85.

 

Obviously it's up to you but I would be asking myself whether it's worth jeopardising the current offer and delaying settlement when you could have a cheque in your hand in a few days.

[PPMAN159]

Thanks Cobbett

 

I think I will accept the offer rather than run the risk of getting the account closed.

 

One final point-at what stage do I need to tell the court?

[The cobbett slayer]

The offer letter will probably have a notice of discontinuance enclosed. You can send that to the court now as the offer is as good as hard cash. If they were to withdraw the offer after you had discontinued proceedings the court would crucify them.

[Guest NATTIE]

Congratulations in advance!

[PPMAN159]

I have read through the letter and it has come from Stuart Higley in Borehamwood and not from Cobbetts.

 

It makes no mention of the impending court action so they have not given me the notice of discontinuance.

 

Also they are going to credit the money direct to my account.

 

Therefore:

 

1/

 

Can I ask for a cheque to be sent

 

2/

 

As I have paid £120 to MCOL can I get this back and

 

3/

 

Is there a set timeframe for them to send the money to me once they have received my acceptance of the offer

 

I think that I have read elsewhere that people are being advised to keep the case open just in case the banks do not cough up.

 

As always many thanks for your help

[Parkvale]

Yes, Yes and Yes, but you can bet your bottom dollar they will say No, No and No

http://www.consumeractiongroup.co.uk/forum/guidance-notes/675-case-guidance-notes-making.html.Keep Keep us posted and good luck.

[PPMAN159]

I think that I may go back to them and accept what they have offered as partial settlement and then proceed with the MCOL for charges and interest.

 

I have checked the claim on MCOL and it shows that Nasty Vest have entered a defence and that

 

'You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly'

 

Is this standard and should I panic or is it a case of left and right hand not talking to erach other?

 

Sorry to keep asking questions but I seem to get confused

[Parkvale]

Abosolutely bog standard. Your case will have been transfered to your nearest court. Have Cobblers not sent you a copy of their defence? The court will send you a copy of their defense shortly. So chill bill and relax. Good luck.

[PPMAN159]

Nothing from Cobblers apart from the acknowledgement of servcie that I received about two weeks ago.

 

Has the offer from Nasty Vest just been sent to placate me and save them money?

 

As they have given me 8 weeks to reply to the offer, I will ignore it for the time being and wait for the court defence

[Deller]

Why not send this:

 

Thankyou for your letter dated XXth April 2007.

 

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, interest and court fees, which together with the daily rate of £0.XX now total £xxxx as of XXth April 2007.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder.

 

I will be willing to withdraw my claim upon receipt of unconditional full settlement of my claim.

 

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

 

I trust this clarifies my position.

 

Yours faithfully

 

[PPMAN159]

Deller

 

I will send this letter along with a new schedule of interest charges, calculated to todays date, to Cobblers along with a copy to Mr Higley.

 

Many thanks.

[PPMAN159]

Help-I think that I may have f'd up my MCOL claim

 

I have just opened the defence letter from Cobbetts and it reads as follows:-

 

1/

 

This Defence is filed and served without prejudice to the right of the Defendant to apply for summary judgement in respect of and/or to strike out the Particulars of claim

 

2/

 

The Defendant is embarassed by the lack of particularity pleaded in the Particulars of claim to the extent that the Particulars of Claim fail to disclose reasonable grounds for bringing a claim against the Defendant.In particular the Particulars of Claim do not disclose any legally recognisable claim against the Defendant.

 

3/

 

The Defendant invites the Claimant to remedy the above.In the event

that the claimant fails to do so within 14 days of the service of the Defence then the Defendant will apply to the Court for an order striking out the Particular of Claim.

 

4/

 

The Defendant reserves the right to plead further to the Particulars of Claim once and if the Claimant properly particularises the same.In the event meantime,it is denied that the Claimant is entitled to the relief claimed or any relief whether as pleaded or at all.

 

Are they saying that I did not give enough detail on the MCOL application?

 

If so is there a standard wording that I should use?

 

Thanks as always for your continued help

[PPMAN159]

Bump?

[Parkvale]

What did you put on your particulars of claim ? Did you send your charge spreadsheet to the court and cobblers.?

[PPMAN159]

Basically on the original claim submitted I said the following:-

 

'I have written to Nat West in order to reclaim from them the charges that have been levied by them against my current account over the past 6 years, which amount to £4587.

 

To date I have not received any concrete replies from them on this issue and as such I feel that I have no other option but to pursue them for the repayment of these through the Small Claims Court'

 

Copies of the interest schedule were sent to the Court on 2nd April and to Cobbetts on 3rd April.

 

At the end of last week I received from the court a letter stating that I need to amend the Particulars of the Claim in Part A(2) of the NI244 form along with submitting a new N1 form detailing the new amounts in red.THis should be sent back to them today along with my cheque for £35.

 

When I submit the New NI form should I alter the original wording and,if so, is there a set format that I should be using?

 

Thanks

[Parkvale]

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

[PPMAN159]

Thanks

 

The N1 form does not allow me to add the claim No-can I write this in?

 

I have added the defendants name and address on the form-do I need to also add this in the box at the bottom of page 1?

 

Also when I send this do I also need to send the N244 form to the court?

 

So for so many questions but I do not want to give Nasty Vest any ammo at this late stage that might let them throw the claim out.

[PPMAN159]

Sorry to be a pain but could someone let me have a reply on the above as I would like to get the forms produced today,if possible.

 

I have also read the details on MCOL and they state that:-

 

'You are unable to take any further action online on this claim.

 

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly'.

 

Many thanks

[PPMAN159]

Can anyone let me have a reply to the above posts as I am now totalling confused by this whole issue.

 

Would it be easier for me to open up a new thread and list all of the points and questions there?

[scott150663]

Thanks

 

The N1 form does not allow me to add the claim No-can I write this in?

YES? If u r amending your original N1 why are u filling in a new N1

I have added the defendants name and address on the form-do I need to also add this in the box at the bottom of page 1?YES

 

Also when I send this do I also need to send the N244 form to the court?

N244 is a form that ammends your original N1 MCOL

So for so many questions but I do not want to give Nasty Vest any ammo at this late stage that might let them throw the claim out.

All amended parts have to be in RED ink by the way

Im not 100% sure what u are trying to do so if my answers leave u confused please explain what u r doing

SCOTT

[scott150663]

PPman

 

I amended MY N1 all i did was complete the N244 and attached the new POC (Seperate sheet of paper 3 copies all in RED INK)

 

The changes on the original N1 you cross through with a Black pen

3 Copies also required

 

I did not have to complete another N1

 

Hope this clarifies things

 

Scott