N1 forms for Store Cards

[animal_lover]

I need help to fill in an N1 form, i've seen the information to be put into one on this site but it's for Bank Charges and was wondering if there was one for Store Cards etc.... as i couldn't find one.

 

I need to send it off a.s.a.p for my Argos claim as they have failed to refund my charges and also failed to reply to my letter before action.

 

Any help would be great

 

[midge61]

Hi

I have just sent mine off against Argos.

 

I used one for credit cards and just altered to suit.

 

Hope that helps

[midge61]

Repayment of charges and interest on amounts charged by the defendant and debited to an account with the claimant for purported breaches of a contract to supply credit services. The claimant avers that these charges and the interest thereon were levied against him in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

The Claimant claims:

a) the return of the charges of £xxxxx and interest charged on amounts debited in respect of charges in the sum of £xxxx

b) Court costs

c) Alternatively interest pursuant to section 69 County Courts Act as set out on the attached list of charges from xx Jan 200x to 28 May 2008 of £1xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

1. The Claimant had an account number xxxxxxxxxxx ("the Account") with the Defendant which was opened on or around 22 February 2001.

 

2. During the period in which the Account has been operating the Defendant has automatically 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 (“the Schedule”) applied is attached to these Particulars of Claim

 

4. The Claimant contends that:

 

a) The charges debited to the Account were punitive in nature; were not genuine pre-estimates of costs 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

i) the Unfair Terms In Consumer Contracts Regulations 1999 particularly but not limited to Regulations 5, 6 and 8 and Schedule 2, 1 e); and

ii); the Unfair Contract Terms Act 1977, particularly but not limited to sections 3 and 11 and Schedule 2 and

iii) the common law relating to liquidated damages and penalties in contracts.

 

5. To the extent that it is found that the Defendant’s charges are for the provision of credit services the Claimant contends that the price thereof is unreasonable pursuant to section 15 of the Supply of Goods and Services Act 1982.

 

6. The defendant had, in addition, levied interest on these charges at the rate of 27.90%.

 

7. The Claimant avers that, by this action, the Defendant has sought to enrich itself by the consequences of unlawful action, specifically, unlawful penalty charges as detailed above and applied in terrorem.

 

8. Accordingly the Claimant claims:

 

a) the return of the charges of £xxxxx debited to the Claimant’s account and interest on charges detailed in the attached schedule, in the sum of £xxxxx;

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act 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

[animal_lover]

Thanks i'll do it tonight, i'm just abit confused about the interest part, i added the 8% interest when i origionally made the claim with Argos so do i need to update it to include upto todays date or just for the amount i origionally made the claim for.

 

Thanks

[midge61]

Hi

 

The only interest that can be added before court is the contractual interest.

The s.69 8% can only be added at the court stage.

 

If you are only going for the 8% adapt the above POC and update your schedule of charges.

 

Don't forget that you need 3 copies of the N1 and schedule.

[animal_lover]

Would it be best to just put the charges then as i haven't got any contractual interest it was just the 8% i added which is what i was told i'd get if it went to court.

 

Thanks

[zootscoot]

That POC is now out dated. In particular you can not rely on UCTA or SGSA.

[midge61]

Oh b***er!

 

I only found it the other day and sent it off yesterday!

 

Will it be ok?

[animal_lover]

What should i use i need to send it a.s.a.p

[midge61]

I don't know and am worried about what I have used now. hopefully zoot will answer later!

[animal_lover]

Can a poc for credit cards be used for an Argos store card if i just change the name on it. I need to send an N1 off as soon as possible

[midge61]

Hi

 

I have just had an answer on another thread and was told to use one of the credit card POC's but i have sent mine off already so will see what happens.

[animal_lover]

Thanks i'll sort mine tonight