Please Help

[rosey-789]

Hi Muggins

 

Sorry i meant to say they told me it wouldn't get heard until around October 2008

[muggins73]

Blimey girl, you are patient......good gracious rosey, the whole planet could've come to an end by then:rolleyes:

 

Surely this can't be right? Did you not ask of any way in which the proceedings can be speeded-up somewhat?

 

It figures though, if you had tons of dosh they'd get on with it:mad:

[rosey-789]

Sorry muggins but i never thought to ask at the time, she told me to fill in the form which i will do and when i take it back next week i'll ask if it could be speeded up , i really hope so.

 

she just said that they are finishing claims what they have now and then putting the rest on hold until after the test case, but we'll be first to get payments when the time comes.

[muggins73]

They are so laxy-dazicle when it comes to legal aid cases hun. Like I said, make a point of asking her if things can be speeded up a little. Failing this, you can go it alone and either ask the court for a exemption of remission depending on your finacial circumstances.

Have a look see...

http://www.consumeractiongroup.co.uk/forum/helpful-external-links/2147-court-fees-do-you.html

 

It might also be worth mentioning that there is a possibility that the test case might be put on hold, which should help speed things up for those of us who've already in the business of reclaiming charges. Have a read at this if you haven't already.

BBC NEWS | Business | OFT may compromise on bank case

 

Hope this helps, hun. Let us know how you get on, or indeed what you decide. I'm usually around if you need a shoulder to lean on:)

[rosey-789]

Could someone please help me with the court forms i have to fill in, i don't have the foggiest what to do or say in them and i'm scared i'll make a mess of them.

 

I'm not the brainiest person at the best of times and this is way over my head .

[rosey-789]

TBH i am absolutely cacking myself if it does reach the courts, i don't honestly think i'd be able to explain myself properly. i'm a very nervous person and think i'd end up getting confused so i may not win my case anyway.

 

Then on the other hand i don't want the bank getting away with stealing my money as i see it.

 

I'm really sorry to moan like this but i am very worried.

[GuidoT]

Could someone please help me with the court forms i have to fill in, i don't have the foggiest what to do or say in them and i'm scared i'll make a mess of them.

 

I'm not the brainiest person at the best of times and this is way over my head .

 

To fill in the N1 form, save the particulars go here:

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

 

The particulars in the link above have been superseded by that below:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107596-new-poc-n1-lloyds.html

 

Any questions, post up. It is a bit daunting initially, like most things for the first time, but take your time and you will not make a pigs ear of it.

[rosey-789]

Ok i'm just about to fill in my forms today as i haven't had time recently due to an illness.

 

on the links provided by GuidoT , one part says Particulars of Claim etc etc, shall i just copy all that down and then just put my dates in how much i'm claiming etc or do i have to word it myself which i then won't know what to say.

[GuidoT]

In the second link from my post 57 just use that wording and insert the figures etc. as per your claim. No requirement to draft anything yourself.

[rosey-789]

Thank you GuidoT

[rosey-789]

Where i have on my claim form Brief details of claim and that 2nd link you gave me.......how much of it do i have to write down.

 

do i have to copy the whole length of that link or not.

 

sorry to sound thick but i want to be sure thanks

[GuidoT]

Use this, taken from the first link or here:

 

Brief Details of Claim

Money claim for return of penalty charges applied to the Claimant's bank account by the Defendant

[rosey-789]

So i'll just put Brief Details of Claim

Money claim for return of penalty charges applied to the Claimant's bank account by the Defendant

 

and thats it instead of writing loads out. sorry about this

[nicsussex]

You've got it!

[rosey-789]

Lol thanks all and sorry to be a nuisance

[rosey-789]

do i have to take copys of my statements for everyone at the court or not.

[GuidoT]

I am a bit concerned that you having difficulties with this part and not the comparatively difficult part.

 

For the avoidance of any doubt you must ensure that in the 'Particulars of Claim' part (on page 2 of the N1) you say 'See attached' and attach this.

 

It is essential to get the N1 part right.

[GuidoT]

do i have to take copys of my statements for everyone at the court or not.

 

No requirement to issue copy statements yet, this comes later.

[rosey-789]

It was just the part of the form where it says Brief details of claim that i was confused about as i wasn't sure if i had to copy down everything on the link you gave me or just put down a short detail of what you had gave me. sorry about this.

 

Brief Details of Claim

Money claim for return of penalty charges applied to the Claimant's bank account by the Defendant

[rosey-789]

Would the name of the bank i put on claim form be the registered office at grensham st

[rosey-789]

About to do the particulars of claim part of form now.

 

in the link giving do i have to write all this on all 3 forms?

 

PARTICULARS OF CLAIM

 

 

1. The Claimant [has] [had] an account 1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [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 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) and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 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 [date when the money became owed to you] to [the date you are issuing the claim] of £ [amount] and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of [enter the daily rate of interest]

 

 

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

 

 

Signed: DON'T FORGET TO SIGN IT

 

 

Date:

 

 

I'm now finding this very difficult to do at this stage so i doubt i'll even have a cat in hecks chance of winning my partners money back for them.

[Michael Browne]

There are new POC's specifically for Lloyds here:

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107596-new-poc-n1-lloyds.html#post1035428

[rosey-789]

How am i going to write all of that on to the form i have

[Michael Browne]

You don't. In the space, put 'See attached for Particular of Claim' and print out the POC's on a separate sheet/s headed: Particulars of Claim Rosey-789 v Lloyds Tsb

[GuidoT]

See my post 67 too, I thought you were using the incorrect old particulars.

 

Take your time, you will be able to do it. It is a lot to take in initially, but it sinks in after a while.