help please - problem

[jayneuk]

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.

[sea-sidelady]

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.

[jayneuk]

OK. Thank you so much for your help. I will crack on with it. Thanks.

[jayneuk]

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.

[**Tilly**]

hi jayneuk

you can add charges on right up until you file your n1 if you are on benefits you could be exempt from paying the court

fee

Court Fees - Do you have to pay them?

[jayneuk]

but should i just claim for the recent charges, or the ones from before six years too?

 

also if the test case goes the bank's way will i lose my court fee?

[sea-sidelady]

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.

[jayneuk]

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.

[Michael Browne]

I'm agoraphobic and I can't get to the court,

You can apply by post.

 

You cannot apply for exemption using MCOL. Download EX160 from here:

http://www.hmcourts-service.gov.uk/courtfinder/forms/ex160_e1007.pdf

 

and send it with 3 N1's to your local court

[jayneuk]

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.

[Michael Browne]

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

[jayneuk]

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.

[jayneuk]

found the fees now. sorry. the claim is 799.50 but the 8% takes it over 1000 so would the fees be for 1000 ie £75?

[Michael Browne]

Yes interest is included when assessing court fees

[jayneuk]

How do I know the claim number? The financial help form asks for it, as well as the POC thing?

[Michael Browne]

Leave it blank. The court will fill it in when the claim is filed.

 

If your application for exemption is refused, the court will inform you and the claim won't be filed until the fee is paid

[jayneuk]

Do I include schedule 1 with the particulars? I dont understand the significance of it. Isn't it saying that the bank told me the amounts they would take so that makes it ok?

[jayneuk]

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?

[**Tilly**]

hi jayneuk

if you are claiming exemption on court fee,s you dont add this to your

claim form .yes you include schedule 1 on poc and please dont worry

about asking questions

[Michael Browne]

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

[jayneuk]

ok, thank you so much.

 

on the n1, do i fill in the defendants name and address, and the money boxes on the bottom of the first page? even though ive put the defendents details higher up?

[**Tilly**]

hi jayneuk

yes in the bottom left hand corner put

Halifax plc

Trinity Road

Halifax HX1 2RG

amount claimed for xxxxx

court fee leave blank

solicitors cosr leave blank

total amount xxxxxxx

hope this helps

[jayneuk]

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?

[**Tilly**]

hi

yes 3 copies of everything n1 schedule of charges and poc

dont forget to include a copy of any letter of benefits you are on with your ex160 as proof

[jayneuk]

oh yes, i will have to try and find a letter about my income support. ok thank you very much. i will send it off today by recorded delivery. thank you.