N1 Help

[juicebox]

Help!

 

I have been staring at my N1 form for days now and am still unsure if I have completed it properly. I've read umpteen posts on the subject too so please forgive me if the info I need is posted elswhere - if it is I can't find it

 

Background: I am claiming several thousand including CCI, questions as follows:

 

1. I have entered Brief Details of Claim in the N1 as "Money claim for return of penlaty charges applied to the Claimants Credit Card account by the defendant" Should I mention CCI here?
   
2. Should I mention the s69 alternative to CCI in the Value section or leave it to the PoC's? My value currently reads as Charges £XXX, Compund Contractual Interest £XXX and Total £XXX.

I am fairly happy with my PoC's which I borrowed/pinched from another post. I would like to present my N1 to the court this Friday so urgent help would be most appreciated.

 

Thanks to you all and keep up the good work!

 

Juicey B

[juicebox]

Out of Interest, searching the Cap1 forum for N1 doesn't return any results?

 

Is there a minimum search string length?

[Paintball]

Hi Juicebox

As no-one has replied yet, here's what I put in my N1:

 

Money claim for return of penalty charges applied to the claimant's credit card account by the defendant.

 

Value

 

charges £x

Interest £x

Court fee £x

Total £x

 

Plus compounded contractual interest from date of issue to date of settlement/judgement at £0.x per day or at such rate and for such pertiods as the court deems just. (Note, the latter refers to the statutory s69 interest rate of 8%)

As you state, in the Bank Templates Library, there is no N1 for Capital One Bank but perhaps this is being worked on ...

 

Also, if you like I can PM you my own POC for the claim I won against Cap One a couple of months back. Let me know.

 

Cheers, Painty x

[deedee1310]

Hi Juicebox.

 

Just had a look through my computer files and have seen that I DID complete an N1 for my Crap One claim. It shall be winging its way to my CC on Monday 6/8. Yippeee!! I always do the PDF versions on my computer so that they are typed. Any extra attachments I complete in Word and then add them to my N1 PDF ( I have full Adobe Acrobat )

 

Anyway back to the matter at hand. Paintball has got you off to a flying start with the value section. Would you believe that when I did my first N1, this was the section that gave me the most headache!

 

Please find below the POC that I intend to use.

 

1. The Claimant had an account, number XXXX (the Account) with the Defendant which was opened on DATE

 

2. During the periods in which the Accounts had been operating the Defendant debited numerous charges to the Accounts 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, as outlined in the attached schedules, 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 Claimants; 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) paragraph 8 and schedule 2(1)(e), The Unfair Contracts Terms Act 1977 section 4 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £910 and any interest charged thereon;

 

(CONTINUED ON SEPARATE SHEET)

b) the removal of any prejudicial information which the Defendant bank may have passed to third parties in relation to the Accounts and in particular the removal of any Default Notice registered with any credit reference agency which was allegedly notified to the Claimant in 2005, since this was caused solely by the level of disproportionate penalty charges. The Claimant’s request is made under the Data Protection Act 1998, section 14, which gives the power to the Court to order the removal of inaccurate personal data.

 

c) The Defendant concealed the nature of its charges and lead the Claimant to mistakenly continue to pay the unlawful charges believing that they were lawful.

 

d) The Claimant’s right of action has been deliberately concealed from itself by the Defendant.

 

e) The Defendant continues to conceal both the nature of its unlawful charges and account holders rights to recover unlawful charges.

f) Court costs

g) Interest at the contractual rate of XX% per annum from the date of each transaction as set out on the attached list of charges from DATE to DATE for account XXXX and also interest at the same rate up to the date of judgement or earlier payment, at a daily rate of £xx.

 

The Claimant believes this rate to be justified under the principle of mutuality and reciprocity, and is based on the Defendant’s Classic Card interest rate that would be applied under the terms of the above mentioned account.

 

h) Should the court find that this interest rate is not applicable, then as an alternative the claimant wishes to claim Section 69 County Courts Act interest as set out on the attached list of charges or at such rate and for such periods as the court deems just.

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

 

 

Hope this helps. Please also wait for Paintball's input as she won with CCI which what I am also claiming. She has offered to PM you her POC, so I would take her up on the offer.

 

Best of luck.

 

deedee

[juicebox]

Thank you both for your swift and informative replies!

 

Just a couple of minor details I want to check with you if I may.

 

1) Is the Interest in the Value section CCI or 8%?

 

2) In the section below, next to Defendant details there are 4 boxes, "Amount Claimed", "Court Fee", "Solicitor's Cost" and "Total Amount". Should Amount Claimed = Total Charges + CCI?

 

Paintball, you suggest adding the line that mentions the rate at which the court see's fit, did you put that in the Value section too? I am guesssing you also have words to that effect in your POC too? Paintball, I would very much appreciate it if you could send me the POC that you used for successfully winning CCI with Cap One.

 

I appologise if I sound pedantic and overly cautious, but I am guilty on both charges

 

With the recent publicity of the OFT test case, I suddenly feel under pressure to ensure I get everything just right and to get my claim in quick...

 

Cheers

 

Jb

[Paintball]

Thank you both for your swift and informative replies!

 

Just a couple of minor details I want to check with you if I may.

 

1) Is the Interest in the Value section CCI or 8%?

 

2) In the section below, next to Defendant details there are 4 boxes, "Amount Claimed", "Court Fee", "Solicitor's Cost" and "Total Amount". Should Amount Claimed = Total Charges + CCI?

 

Paintball, you suggest adding the line that mentions the rate at which the court see's fit, did you put that in the Value section too? I am guesssing you also have words to that effect in your POC too? Paintball, I would very much appreciate it if you could send me the POC that you used for successfully winning CCI with Cap One.

 

I appologise if I sound pedantic and overly cautious, but I am guilty on both charges

 

With the recent publicity of the OFT test case, I suddenly feel under pressure to ensure I get everything just right and to get my claim in quick...

 

Cheers

 

Jb

 

J

 

1) CCI

 

2) Amount claimed = Charges + CCI plus any additional costs ie SAR fee; Court Fee; Solicitor's Costs - leave this blank; Total amount add these sums together ( gets trusty calculator out ...)

 

3) s69 8% goes under directly under the value section - see my post above.

 

You should have received my POC by now sent by PM BUT I prefer Deedee's 'Accordingly the claimant claims' Section 5 a -g) better than mine

 

Any other Qs please shout xx

[juicebox]

Nice one P that should cover it. will keep you posted on my progress!

 

Look out Cap 1 I'm comin to get ya!

 

Jb x

[Paintball]

Pedantic and overly cautious? You are being careful and precise, not rushing into anything but making informed decisions as to the info you use. V wise in my view lol

[deedee1310]

Hi JB.

 

Did you file your N1 last Friday? If so, good luck!

 

I am filing mine today. So will be a few days behind you.

 

deedee

[ukaviator]

Don't you ever sleep Deedee?...

[juicebox]

Unfortuntaley I have had to delay filing my N1

 

I now hope to present it to the courts on the 13th.

 

Oh dear, the 13th - unlucky for some? Unlucky for Cap1 I recon

 

Best of luck with yours Dee, I will keep you all updated on my progress...

 

jb

[deedee1310]

Don't you ever sleep Deedee?...

 

Good question...................

 

Not sure I know the answer to that myself. LOL!

 

deedee x

[deedee1310]

Unfortuntaley I have had to delay filing my N1

 

I now hope to present it to the courts on the 13th.

 

Oh dear, the 13th - unlucky for some? Unlucky for Cap1 I recon

 

Best of luck with yours Dee, I will keep you all updated on my progress...

 

jb

 

Don't worry JB. I was supposed to file my N1 on 19/7/07 but had to delay due to spreadsheet error :o. I filed my N1 today so you'll get to do it when the time is right. £120 is a lot to find .

 

Including this action, I will have spent £360 to bring action against Abbey, Halifax and now these lot. With the uncertainty regarding bank claims, I have to accept that the money owed from these claims will not be forthcoming as soon as I have liked, but there you go.

 

Get your claim in as soon as you can. Yell if you need anymore help.

 

deedee xx

[avantiblue]

hi dee, is their any chance that i too could have a copy of the N1 form that you have sent to the courts for crap one, as i am in exactly the same position as you, ready to file at court, a bit stuck with the form, your help would be much appreciated.

[deedee1310]

Hi Avanti.

 

Send me a PM with your email address and I will send you a word document of what I wrote plus a blank N1 PDF.

 

I included points on setting aside my CCJ that Cap One obtained against me and default removal. Delete as appropriate.

 

Can't guarantee that I'll send it tonight (sleep is finally catching up with me) but will get to you as soon as is humanly possible.

 

deedee