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    • Just a typo change that I'd make for the last line. Maybe also add something that says "I assume you will be fully aware that you cannot rely on a clause of a contract that you do not produce."
    • Hello, Firstly, and most importantly I am sorry for your loss. I would go back to the bank with the death certificate and ask them to step in. Remind them firmly but politely that there is no limit for DD claims   Please let us know how you get on.
    • My wife is the named person to his bank account with him having Dementia being his daughter (I say named person she still is but he recently passed away and the deputyship application has now being stopped by the solicitor as it's no longer needed) We've only just got the Death Certificate so the bank will be the next step informing them. She went to the bank and explained the situation but even being his named person the bank said she didn't have the power to stop DD without any legal documents (virgin money) was the bank. She could have copies of bank statements that was about it.
    • I see you said you tried to stop the DD but it seems that didn't work. May I please ask why that didn't work? You should be asking your bank to cancel the DD and I don't see why they would have objected, hopefully you can clarify this. I agree that you should be making a claim here against your bank and ask them for a DD refund. There is no timeframes for this.
    • Thanks DX,   I wasn't aware we could do that for that length of time. I'll ask my wife to check with the bank this week
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help please - problem


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Hi, sorry to go on, but do I just carry on with my claim even with the test case going on? Should I just send the second letter now, having sent the first one a few months ago? Should I then start court proceedings, even with the test case happening? Could someone just clarify please? Thank you.

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Yes you can carry on with your claim.

 

And file when you are ready or can afford. As long as you are aware there is a chance of a stay, but have a read around the stay forum to see how things are progressing there.

The link is in my signature.

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  • 3 weeks later...

Hi everyone again. Sorry. Right I heard nothing from my lba, so I am now at the court stage. BUT my claim is for pre-six years as well as about £300 they have taken since I got my original payout. Should I drop the pre-six years money and just go for the rest? Or should I wait until after the test case - I'm on benefits and can't afford to lose the court fee. I don't know what to do.

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There is nothing to say you cant claim pre 6 years.

 

And if you lose (which is doubtful) you cant lose the court fee if you didnt actually pay them.

HOW TO...DUMMIES GUIDE TO CAG...Read here

STEP BY STEP GUIDE...Read here

F&Q's... Read here

EVERYTHING YOU NEED THE A~Z GUIDE...Read here

 

Go to our Cag Toolbar Download page here

 

Please don't forget this site is run on DONATIONS If this site has helped in any way, then please give a little back. ;-)

Any opinions are without prejudice & without liability. All I know has come from this site. If you are unsure, please seek professional advice. .

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I'm agoraphobic and I can't get to the court, so I will have to do it online and pay - that's what I did last time. But I am only on benefits so I would really need to get the fees back. Oh well - I will go for it and hope for the best. Thanks for your help.

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Thank you so much. I will do that.

 

I'm just filling in the thingy form - this one - http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf - is that the right one? I am really struggling with this though. Do I use this information - http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html or the link that says new POC for Halifax?

 

I am really stuck. Please can someone help. I would like to get it sorted tonight and send it off tomorrow if possible.

 

I have done the spreadsheet with the 8% interest, but I don't know how to do the daily rate thing.

 

Please help. Sorry to be a pain.

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Yes that's the right form. You can either print it off and fill in by hand or fill it in on screen But you cannot save it so make sure you print several copies before closing.

 

Use the new POC's. On the form put' See attached sheet for Particulars of Claim' and print the POC's on a plain sheet

 

Daily rate is just your charges(without s69 8% interest) x 0.00022

 

eg £495 x 0.00022= 0.1089p rounded up = £0.11p

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Thank you very much. I am doing it all now.

 

My claim before interest is £799.50 so the daily rate is 18p I think?

 

Where can I find out the court fee please? I have looked on the online claim site but I can't find the list of fees - I had it the other day, but now I cant find it lol.

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im really sorry for all the questions but i dont want to get it wrong. I am just about done now. One more question - do I still add the £75 to my claim even though I am asking for exemption? Should I leave the court fee off of the N1 and the particulars?

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Do I include schedule 1 with the particulars? I dont understand the significance of it.

These are extracts from the T&C's, which in simple terms say you must not go overdrawn. The fact that you did means there was a breach of contract and therefore their charges are not for a service but a breach of contract
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thats great, thank you very much. i think ive done it all now. ive got the n1, the poc (3 times) and the spreadsheet, which is schedule 2 isn't it? Got that 3 times too. Also got the financial help form.

 

so do I send the n1, the financial help form, 3 poc's and 3 spreadsheets all to the court?

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