Im Scared.....helppppppppp

[KnellyK]

my county court is in Guildford and thats miles away???

Bonnie

 

I bet you're talking 'townie' miles which everyone knows are much shorter than country miles! And I bet you've got buses that run more often than once a day! I had to take my N1 33 miles to deliver it and then come 33 miles back ~ a very satisfying journey!

(I do love living in Mid Wales, but I miss the town ~just a little bit, occasionally~ for things like buses, shops, banks that are open on more than 3 days a week!)

 

I think N1 is best too, and Robd is right about using the post though!

 

Good Luck

[bonnie0852]

Thanx guys 4 yr latest advice, (knellyk.... r u trying to make me feel guilty cos its worked)! anything over a 10 min journey is "miles away" 4 me!! guess id better get my sat nav out and type in guildford!!!

ANYWAY...... has anyone heard 2nite about the court case in birmingham that the judge ruled in favor of the bank????? that has shocked me and im REALLY worried now about filing, does anyone feel the same about it??? It cant b good can it?

Bonnie

[Guest louis wu]

Bonnie,

 

have a read of this, its from Bankfodder and explains some of the facts behind the judgement

 

http://www.consumeractiongroup.co.uk/forum/show-post/post-825486.html

 

Having read it a couple of time snow, it appears that the calim was only half done and didn't go into as much detail as advised.

 

It's my opinion that completing your claim the way specified here is more important than ever. Yours is going fine, but you'll be suprised how many people I help who haven't got the slightest idea, have submited court paperwork without thinking about it (one guy today didn't have a speadsheet, interest, or even an exact amount of the claim....he should be worried).

 

Above all relax, and trust this site. If things change then new ways will be found to combat the change, but I think this was just a rogue case, with a badly concieved case, and a slightly dodgy judge.

 

To cap it all, I don't think the claimant was a member here, and didn't have us to advise him:D, so what chance did he have in the first place?

 

Louis

[Guest louis wu]

This was a post I answered earlier (and I advised him to start again)

 

Hi

Not sure if this will post in the right place if not I apologise. But have just printed off your N1 form for reference and there are 2 points I don't understand.

A) the bit under value that says interest under county court etc? What does that mean?

B)And it says attach schedule of charges? Huh!!?

 

I know that I am being thick but I claimed my charges based on an estimate and therefore don't have any schedule etc.!! Is it necessary? What do I do if I only have Guesstimates? And therefore only have totals?

thanks

 

And the worst thing is, he was advised to read the FAQ's and step-by-step instructions a few weeks ago. It's obvious he didn't bother.

 

He said he didn't want to start again, and wondered how he would do so.

 

This is the type of claim that the banks could defend and win:(

 

Louis

[bonnie0852]

Hey Louis, i knew i could count on u guys 4 some comfort in my hour of need (or 5 hrs of need since i 1st heard about it on the radio)! Will go and read thread now and hope it puts my mind at rest but as u say, u lot (pardon the expression) on here know what yr on about so the future of my patio is firmly in yr hands (no pressure eh)???

Faithfully

Bonnie

[charleyfarley]

This was a post I answered earlier (and I advised him to start again)

 

 

And the worst thing is, he was advised to read the FAQ's and step-by-step instructions a few weeks ago. It's obvious he didn't bother.

 

He said he didn't want to start again, and wondered how he would do so.

 

This is the type of claim that the banks could defend and win:(

 

Louis

 

Louis, That's a shocking quote you've put up. After all the work that people have put in on here to help each other and someone like this just jeopardises everything we do :mad: by allowing the banks an easy defence.

[bonnie0852]

JEEZ louis, thats dreadful!!! i thought i was thick/stupid/naive etc...... i hate asking dumb questions on here again and again but until iget it into my head im gonna carry on so i dont jeopardise it. the fact that "the person" has been given the right advice makes it even sadder, theres no excuse! this site is my life/my bible and my every waking minute is spent on here (plus u can have fun on here aswell)! it must b frustrating 2 "u in the know" when people dont heed yr advice!

Bonnie

[Guest louis wu]

Bonnie, your right.

 

I do spend far too much time here, and help people wherever I can. You will be suprised how many time I give advice, only to find out later they ignored it and are crying out for help to solve a new problem.

 

Your claim is fine. You do ask questions, but there proper questions and you listen to the answers. I am not a great expert, but have been doing this for a while and can help wit the basics. I honestly think its fine to ask questions, as mistakes are easily made but not easily resolved.

 

So keep asking away, and well keep answering. In a few weeks/months, you will have won, and then you will be giving advice and answering questions (whilst having a cold one on the patio:D)

 

Louis

[bonnie0852]

i like yr optimism louis!!! (got the beers in the fridge already)! 1 more question b4 i go 2 bed so no rush 2 answer.......... just looked at N1 form and printed it off and was wondering do i just enlarge the PDF form online and type in details then print 3 copies off? i think ive read it right??

anyway bed now but will b popping in 2morrow morn b4 work!!

g'nite all and sweet dreams!

Bonnie

[Guest louis wu]

Quick answer

 

Yes enlarge it to 100%, type directly onto the form, and then print 4 copies (one extra for you to keep at home, just for refernece until the court sends it back)

 

Louis

[charleyfarley]

i like yr optimism louis!!! (got the beers in the fridge already)! 1 more question b4 i go 2 bed so no rush 2 answer.......... just looked at N1 form and printed it off and was wondering do i just enlarge the PDF form online and type in details then print 3 copies off? i think ive read it right??

anyway bed now but will b popping in 2morrow morn b4 work!!

g'nite all and sweet dreams!

Bonnie

 

 

Bonnie,

 

with the N1 I made three mistakes on the form before I got it right, so print off a test one before you go for all 4 because they take a hell of a lot of ink

[bonnie0852]

Cheers louis/Charley, knew u'd come up trumps again!!! off 2 work now so will attempt the N1 form 2nite when i get in and will obviously b looking on here aswell!!

Bonnie:cool:

[bonnie0852]

Can someone check my N1 form over pls for right amounts/spelling etc.... many thanx (these r the bits i had 2 type myself)!!

 

Charges: £1783.00

Interest under s.69 County Courts Act 1984: £576.61

Court Fee: £120.00

TOTAL: £2479.61

Plus interest pursuant to s.69 County Courts Act 1984 from date of issue to date of settlement at £0.39 per day OR at such rate and for such periods as the court deems just.

1. The Claimant had an account (Account no: ) with the defendant which was opened on or around November 2000 and closed around May 2004.

2. During the period in which the account was 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 and conditions of the contract between itself and the claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. 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 breeches of contract on the part of the claimant; and are not intended to represent or related to any alleged actual loss, but instead duly 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), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £1783.00 and any interest charged thereon;

b) Court costs

c) The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year, from February 2001 to February 2007of £576.61 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.39.

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.

[bonnie0852]

Hi, is no-one available 2 quickly check my form over??? :-| im worried ive buggered up the calculations or a stupid spelling mistake i cant c!!!

Anyway, a quickie question:

ive found my local court and am going in 2morrow, but do i submit my basic s/s with just dates/costs and total on it or the s/s with the interest adding up instead?? all help b4 2morrow would be soooooooooooo appreciated!!!

Thanx in advance

Bonnie

[charleyfarley]

Hi bonnie,

 

I've had a quick scan over and everything seems fine. I haven't spotted any typos or obvious errors. Take your full spready with interest on because you need to attach a copy of it to each of your N1's so you'll need threee copies

 

 

 

PS I know I'm an old F***, but I find it hard to understand text language on your posts.

[Robdblynd]

All seems fine, calculations ok.

 

One query, did you include the court fee in the bit on the front form where it says Value, if you did it needs taking out, you only put the charges & s69 interest in there. The court fee goes in the box on the bottom right and is then included in the total amount.

 

Hope you can understand what I mean, it's only a little point but if you've done it wrong the bank will pick up on it & you don't want to give them any excuse.

 

You'll enjoy it when you get the papers from the court with the stamp and everything on them. If it's like our court it took 2 weeks to get them back, they had so many to do.

[bonnie0852]

Hi charley, thank u and sorry for the texting, its such a habit now i dont even know im doing it (plus im lazy)!

 

Rbdblynd..... thank u aswell and i have put it in the "Value" box, damn!!!! Does that mean ive gotta print another 4 copies off??? I see what you all mean about ink used if you make a mistake!!

 

OH NO!!! ive just realised i cant just print another 4 copies off, ive gotta type them all again........ sob sob..... is there no way i could get away with it???????

 

Regards Bonnie

[charleyfarley]

You need three copies.............you; the Abbey; the court, plus three copies of your schedule of charges, plus £100. The court stamps all three, numbers them with a claim number, gives you one back and keeps two, and takes your money off you:(

 

And you walk out with a smile on your face thinking............let battle commence:D

 

 

but...........if you make a mistake on your schedule of charges, then it'll cost you £35 to put it right, and it will delay your claim, and you can't get it back. So it's worthwhile making sure your schedule is 100% bob on

[bonnie0852]

Hi charley, thank u and sorry for the texting, its such a habit now i dont even know im doing it (plus im lazy)!

 

Rbdblynd..... thank u aswell and i have put it in the "Value" box, damn!!!! Does that mean ive gotta print another 4 copies off??? I see what you all mean about ink used if you make a mistake!!

 

OH NO!!! ive just realised i cant just print another 4 copies off, ive gotta type them all again........ sob sob..... is there no way i could get away with it???????

 

Regards Bonnie

 

Hi Charley, Robdblynd spotted a mistake where i added my court charge in the value box tho, can i keep it in or re-type another 3 copies??? Dont wanna bugger it up but it took AGES to type it all in???

Bonnie:(

My schedule of charges is ok i think (but im not 2 sure if interest is £0.39 a day.... i hope ive worked it out ok)???

[charleyfarley]

The court allowed me to hand write amendments on the N1, with crossings out and all sorts, so you may well be fine. There doesn't seem to be any consistency about how the courts operate, but I think most people on here would agree that the court staff are extremely helpful and understanding, and help you in any way they can.

[Robdblynd]

I'd give them a ring and ask if it's ok to tippex it out and hand write in the new details. They're usually really good cos they know we're not solicitors etc.

 

Ddon't fret, it won't take a sec to alter and then you're on your way.

[bonnie0852]

Thank u both!! i'll give the court a ring and check with them, dont wanna sound tight here but im soo skint i cant afford another print cartridge for my pc

[bonnie0852]

Me again!! Just spoke to a very helpful lady at the court and she said that u only add the court fee in the "Amount Claimed" box (thank u Robdblynd) and i can just put a line through the one i put in the "Value" section... "As long as its legible" quote. Thats a relief.

All ready to go now (checked and doublechecked my daily charge as i wasnt sure, but it still comes up with same figure).

Will post tomorrow pm after ive been to the court to give u the latest (gotta have a nite off this cos its frazzling my head big time)!

C ya

Bonnie

[kia]

i know how you feel it all starts to get too much and you start seeing doublexxkia

[bonnie0852]

Well its official now, theres no going back!! :o

Claim filed today at staines county court and now im really pooping myself.

The woman there told me that because of the sheer volume of Bank Charges claims they're all being allocated to Guildford court, where theres a judge there (female :o ) who deals specifically with bank charge claims.

Guess i'll just wait and c what happens next, but any hints/tips would be welcomed!! 8)

Off 4 a glass of red wine now to relax 4 a while

Bonnie