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pelhamjamesjnr v Nat west bank


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Guest PelhamJamesJnr

Just an update and several questions i need answering I have completed the template N1 form do i send htis to the bank and one to the court or use the smallclaim pack i purchased and use the N1 form included with that pack??

 

At the Manchester County Court

The Court House

184 - 186 Deansgate

Manchester

Greater Manchester

M3 3WB

England

 

Claimant

PelhamJamesJnr

 

Defendant

NatWest Bank PLC

135 Bishopsgate

London

EC2M 3UR

 

NOTO HUMAN RIGHTS ISSUES

Brief Details of Claim

Money claim for return of penalty charges applied to the Claimants bank account by the Defendant

 

Value:

Charges £468

Interest under s.69 County Courts Act 1984 £67.30

Court Fee £80.00

 

TOTAL £615.30

 

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £0.10 per day OR at such rate and for such periods as the court deems just.

 

 

 

Quote:

 

PARTICULARS OF CLAIM

 

 

1. The Claimanthas an account xxxxxxxx with the Defendant which was opened on or around

 

2. During the period in which the Account,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 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 breaches of contract on the part of the Claimant; and are not intended to represent or related to any alleged actual loss, but instead unduly 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 £ 468.00 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, from28/10/2003to05/06/07of £67.30 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.10

 

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)

 

I believe that the contents of these particulars of claim are true

 

 

Signed:PelhamJamesJnr

 

 

Date: 05/06/07

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this is one of the form i've used is this ok or should i rewrite it out using the N1 form included with the small claims pack ni purchased when i became a member.

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Blimey mate, how many threads have you got!!!

 

Personally, I copied and pasted the particulars of claim from here 4. Particulars of claim - N1 - hard copy version onto here N1 Claims form in .PDF format with form filling. I added my appropriate details then printed three copies off and took them to my local county court with the £120 filing fee. They dealt with it from there.

 

If you do decide to do the above, make sure you get everything right as you can't save the form - you can only print it out. So make sure your schedule of charges and N1 form are printed off on the same day (this way the interest is up to date).

 

Hope this helps, hedgey xxx :p

ps...... just clocked on - you're filing in the county court next door to mine!!!!

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I have completed the template N1 form do i send htis to the bank and one to the court or use the smallclaim pack i purchased and use the N1 form included with that pack??

 

It doesn't matter which form you use. In fact they are freely downloadable from the internet.

 

You should send 3 copies to the court. THey will keep one, serve one on NatWest and send you one back, stamped and with the claim number on.

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability. Everything I know concerning the law I learned from this site.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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Guest PelhamJamesJnr

hi steven4064 so i send all three N1 forms to the court i thought i had to send one to the court 1 to natwest and keep 1 i think i need a bigger envelope for both claims i have at this stage.

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I think you don't actually have to send your copy. We did so that we could have the claim number put on. We only live 5 minutes walk from the court so we took it by hand. I've since been told we could have waited while they gave us the claim number and stamped the form and taken it away with us there and then.

 

If you don't send your in, you will still get an acknowledgement from the court with the claim number on (on a form N205A to exact)

 

Steven

 

If this post is helpful, please click the scales

Any opinions are without prejudice & without liability. Everything I know concerning the law I learned from this site.

Steven

 

Using CAG Toolbar will generate much needed income - Download Here

 

Confused by Simple Interest? Confounded by Compound Interest? Read my Interest Tutorial

My Wins

 GE Money Won unconditionally May 2007

NatWest Won unconditionally August 2007

Brighthouse Won unconditionally August 2007

Goldfish Won unconditionally April 2008 (including CI on the basis of Sempra)

Clydesdale Financial Services (now BPF) Won unconditionally February 2008

 

Any opinions are without prejudice & without liability. Do not take any legal action on my advice alone. Almost everything I know concerning the law I learned from this site.

 

Please note, I will not give advice by PM. Please send a link to your thread and I will do my best to answer there.

 

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