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Noddy vs CapitalOne ***WON***


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Wife got another credit card and paid off the balance. Sent off her S.A.R - (Subject Access Request) and received her statements. Completed a schedule. Claiming £1,000 and £1,200 in contractual interest.

 

Sent off the Prelim letter and got a "were looking into it". 16 days later sent off the LBA.

 

So I am about to complete N1. I have a few questions.

 

1. Can I print the N1 double sided to save the rain forest or should all documents to the court be single sided.

 

2. I am representing my wife so do I need to complete an additional form or where do I do this on the N1.

 

3. I was think of attaching all my current correspondances and some of CAG court papers (OFT, Relevant Case Law to Penalty Charges, EDM, etc). Thoughts.

 

4. I am including a copy of the current terms and conditions and charges sheet (downloaded this from there website) and schedule. Anything else I need to include?

 

 

Thanks

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Hi Noddy

 

I don't think Courts like double sided!

 

To represent your wife, you need to put a request on your AQ (if it gets that far) to the Court for permission to speak on her behalf as her Lay Representative.

 

On your Claim Form, provided it's completed as recommended on CAG, you only need to attach the schedule of charges. Everything else comes later as far as I am aware.

 

Hope that helps - Adam.

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Just completing the N1.

 

1. Got stuck on Value bit as I am claiming Contractual Interest. Is this ok or does anyone have a better one

 

Charges £x

Contractual Interest £x

Court Fee £x

 

TOTAL £x

 

Plus contractual interest from date of issue to date of judgement/settlement at £x per day OR at such rate and for such periods as the court deems just.

 

2. Appendix. Have included the following. Anymore I should include.

 

Schedule of Claim for Charges

Credit Card Agreement (April 2007)

Credit Card Agreement (May 2007)

OFT's action on credit card default charges

Calculating fair default charges in credit card contracts

Early Day motion from the House of Parliament

Financial Ombudsman Service News Issue 57

Relevant Case Law to Penalty Charges

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As long as you have filled in N1, POC and attached spreadsheets that's all that's really needed at this stage. You need 3 copies, one for you, court and cap one.

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  • 2 weeks later...
  • 4 weeks later...

Congratulations on the win, now you can go out and sink a few beers tonight to celebrate!

 

I sent my N1 off to the court last week, but unfortunately I posted it so its not even issued yet. I hope it gets sorted as soon as your did!

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Hi Noddy - MANY CONGRATS.;)

 

I won yesterday as well - just over 2 grand! (Tish vs Cap 1)

 

All the very best - Adam

I do my best to be helpful, but at the end of the day I'm not a professional - please seek further advice if you're not sure. On the other hand, if I have helped, please click my scales - thanks ;)

 

Current Claims (all for friends!) -

 

Abbey - over £4k - Court claim issued & AQ filed ('Tish vs Abbey'). Alloc'n Hearing 21 Sept - Claim stayed 29/8/07.

Cap One - just under £2k - WON (just over 2k!)('Tish vs Cap One')

Cap One - just under £1000 - WON (just over £1k) Nov 07 (JimmyBoy vs Cap One)

Lloyds TSB - £3.5k - Court claim issued, defence rec'd and AQ filed; Alloc'n hearing 7th Sept Claim stayed 29/8/07! (JimmyBoy vs Lloyds')

MBNA - over £1k for mis-sold PPI - WON - approx £1500(IpswichWitch vs MBNA . . .)

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Congratulations . .well done

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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