Natwest hearing: CRP 7.2 1A

[robert_harper_2000]

I read the FAQs and apparently there is an amended version of the money claim guidence notes... I'm prolly just being stupid but I can't find it! Shall I amend the consumer version?

 

Many Thanks

 

Oh the business account is since closed; so I assume I claim as a person not a business?

 

Along the lines of ...

I have a contract with the defendant bank dated March 2003 and which is conducted on their standard terms and conditions. I’m claiming the return of money taken by the defendant in the way of charges over the last 3 years plus the interest on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Common law of contract and the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15.

I have repeatedly asked the bank to justify their charges but they have declined to do so.

[robert_harper_2000]

Amended Amended version

 

I have a contract with the defendant bank dated March 2003 and which is conducted on their standard terms and conditions. I’m claiming the return of money taken by the defendant in the way of charges over the last 3 years plus the interest on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are invalid under the Unfair (Contracts) Terms Act 1977 s.4 and under the Common law of contract and the Unfair (Contracts) Terms Act 1977. In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from March 2003 to August 2006 of £367.49 and also interest at the same rate up to the date of judgment.

I have asked the bank to justify their charges but they have declined to do so.

[robert_harper_2000]

I was suppose to claim for £2,500 but made a claim for about £1,900 should I just fill in a n244? is there any guidance for this application?

 

Thanks!

[Parkvale]

http://www.consumeractiongroup.co.uk/forum/bank-templates-library/41901-form-n244-application-notice.html

[robert_harper_2000]

Thanks!

[Parkvale]

Pleasure

[robert_harper_2000]

Well what if I said OK I'll see you in court. No amendments? Surely they wouldn't go to court??

[Guest NATTIE]

you want the full amount and nothing but that

[fendyweather]

So personally, I would do the amendment, but it has to be up to you............... your choice,, but I know I would amend and put in the correct amount. Fendy xxx

[robert_harper_2000]

I'll fix it today. Suppose trying to charge the extra fee to the bank would be tking the mickey?

[robert_harper_2000]

My mate was intending to use his settlement letter as he didn't want to wait or I think needed the money.

 

The Court has sent him a letter I have it with me:

Ordered that:

At the hearing the claimant is tpo satisfy the court that when issuing proceedings he complied with CRP 7.2 1A of the 2007 green book page 247.

 

 

I have the book at home but am quite exiceted for him! What is it? lol

Thank you

[nevos]

Is it not CPR 7.2 and not CRP?

[hedgey06]

All I can find is this:

 

How to start proceedings 7.2 (1)Proceedings are started when the court issues a claim form at the request of the claimant.

 

But if you've got the actual book, look up CPR 7.2 1A - you may have something more accurate!

 

What stage of the claim is your mate at? What type of hearing is it? Can you post up the full order from the court please?

[robert_harper_2000]

Sorry tried to cut corners as am at work, he should really be doing this himself!

Thanks wasn't meant to sound ungrateful! lol

 

ORDER

 

Deputy District Judge Ramsden sitting at ***** court

 

Upon Reading the claimant's application

 

IT IS ORDERED

1. The matter to be listed for a hearing on notice.Time Est 20 minutes

2. At the hearign the claimant is to satisfy the court that when issuing proceedings he complid with CRP 7.2, 1A of the 2007 green book, page 247 (only the claimant or a person authorised under 5.28 of the court's and legal services act 1990 may issue)

 

Notice of Hearing

 

Take notice that the hearing will take place on

24 august 2007 at 10:00am

[hedgey06]

It sounds as though the hearing is being called to enable the court to be satisfied that the claim was served correctly in the first place.

 

How did your friend file his/her claim? MCOL or N1?

[robert_harper_2000]

MCOL

 

There was a hiccup with the amount claimed. But he paid extra as the first time he didn't claim enough, but filled an N1 with the £35.

[hedgey06]

I presume your friend completed form N244 and attached new Particulars of Claim (N1) and took this to court to be approved and then re-served the claim on Nat West/notified the court with the appropriate paperwork?

 

I'll check this out further for you.

[robert_harper_2000]

I helped him fill it (hope I did everything correctly) I know there were problems as it had to be resent about 4-5 times .... but I did send everything off.

 

I don't have copies but literally just changed the amounts I was claiming for

[hedgey06]

Did you sign the amendments - or did your friend?

[robert_harper_2000]

Erm... friend did I did the first time

[robert_harper_2000]

Yeap, turned out I signed when he should have... he will have to go to court and explain my actions. I spoke to him and Bank offered him again his settlement due to the risk of delays with stays he is going to take it and clear some debts.

 

Thanks everyone.