Darren vs Bank of Scotland. ** WON **

[Guest willowb]

Not sure about the daily rate.....not a wizz at maths I just use Vampiresses spreadsheet. But it all looks good to me!

 

Wxx

[Mairi]

Hi dazza, hope your getting there. Unfortunatley im in the same boat as stevokenevo, i used the scottish courts and went for the 8%court interest.

One of the English members could probably help you out.

good luck

mairi

[dazzaboy2]

okay dokay,

 

so the poc may well be ok. Will give it anouther day or so for some responses before I submit.

 

Just one other quick question, as my claim is a little over 5k, will it still stay in the small claims track? i.e. if I lose I won't have to pay costs?

 

Thanks.........

[WILKINSS208]

that looks fine darren - good luck

[dazzaboy2]

Excellent, my confidence is growing!!

 

One important question still remains tho..........as my claim is for more than 5k, if I lose, will I be liable for costs??

 

If so, should I keep it below 5k??

[Michael Browne]

If you are claiming contractual, I'd recommend filing using N1. You can use fuller POC's from here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?t=681

 

 

 

Plus you need to add:

 

The Claimant also claims interest at a rate of xx%, from the date of each transaction to (date of claim) of £xxxxxx, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of £xxxxx per day.

 

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

 

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% a year from(Date of 1st charge) to (Date of filing claim) of (£0.00 =The interest in the 8% spreadsheet calculation) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00p = Amount of charges claimed x 0.00022).

 

Plus you can attache your schedule of charges

[dazzaboy2]

Excellent Michael,

 

Thanks for this. The only thing is tho............can I submit one of those forms even tho I'm using MCOL?? Being in Scotland it's a bit more difficult!!

 

Saying that, I wonder if I could simply send a hard copy to MCOL once I have submitted it, I'm sure I read on another thread that someone sent and 'expanded' particulars of claim due to the 1080 character / 24 line restriction online.

[Michael Browne]

You can't file at MCOL unless you have an address in England for them to send documents to.

 

But there is a way round this by filing using N1 at the court local to the defendant See here:

 

http://www.consumeractiongroup.co.uk/forum/abbey-bank/16987-scottish-claim-london-county.html?highlight=London+CC

 

Of course if it ever went to court you would have to travel to England.

[dazzaboy2]

I do have an address of friends in England that I have permission to use so MCOL should be ok. With a bit of luck, sending an 'expanded' particular of claim once I have submitted due to the restrictions online should be ok.

 

Crunch time this Thursday when I get paid.....

 

Still unsure about the costs issue tho, as my claim is over 5k will I be liable for costs if I lose in court??

[Michael Browne]

With a bit of luck, sending an 'expanded' particular of claim once I have submitted due to the restrictions online should be ok.

 

 

I strongly advise you not to rely on luck. You're living in Scotland but claiming in England, with a claim of 5k which would mean fast track, claiming contractual interest and filing at MCOL with less than adequate POC space.

[dazzaboy2]

I wish I knew how to quote from another thread lol:

 

 

Re: Innocent vs NatWest...an update

Ok........ I think Im up together with everything:

 

Sent this on 1/11 to MCOL and Cobbetts:

 

 

"Innocent"

 

Money Claim Online, 1st November, 2006

Northampton County Court,

21-27 St. Katharine's Street,

Northampton.

NN1 2LH.

 

Re: Innocent vs. NatWest (Claim number 6QZ7304:cool:

 

 

Dear Sirs,

 

In fulfilment of my particulars of claim and for reference I enclose a copy of the schedule of charges I am disputing showing all dates, penalty charges, interest on penalties and including interest per S.69 County Courts Act 1984. I have previously sent copies of this schedule direct to NatWest.

 

In addition I enclose an “expanded” version of the ‘Particulars of Claim’ already submitted. I am only enclosing this because of the restrictions of space when filing my claim online.

 

I would appreciate if all of these details could be attached to my claim.

 

Many thanks,

 

Yours faithfully,

 

 

 

I have attached a schedule showing all on the date of the claim

and the explaned POC (basically just clarifying accounts and sort codes, but it was clear enough on original)

 

 

NOW WAIT AND SEE........

 

-----------------------------------------------------------------------

 

Just found this on another thread, so was kinda hoping to go down this road, i.e. send the expanded info after the initial claim is submitted, it seemed to work for this person, I don't see how it wouldn't work for me.

[dazzaboy2]

I really am as thick as **** sometimes!!

 

I thought the only way I could access the English court system was through MCOL. After a brief chat in the chatroom (thanks to hagenuk!) I now realise that I can simply use an N1 form and post it to the court nearest the address I have use of in England

 

So..............I'm gonna go down that route, sod MCOL, I think N1 would be easier and more efficient.

 

Now, time to revamp the POC!!

[Michael Browne]

Much better, there just seemed too many things that could cause problems.

Good luck,

[dazzaboy2]

well,

 

here is my revamped POC for my N1 form.

 

How does it look??

 

----------------------------------------------------------------------

The Claimant has 2 accounts, sort codes xxxxxx, a/c no’s xxxxxxxx and xxxxxxxx with the Defendant, opened June 2002. 2. Since 31/10/2002 the Defendant has debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £3766; (b) Subject access request fee, £10.00. 6. Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. 7. Costs allowed by the Court.

The Claimant also claims daily interest at a rate of 0.0517%, from the date of each transaction to 30/11/2006 of £1400.37, as set out in the attached list of charges. The claimant further claims interest at the same rate up to the date of judgment or earlier payment, at a daily rate of 0.0517% per day.

 

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

 

Should the court find that this interest rate is not applicable, then as an alternative the Claimant wishes to claim interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% a year from 30/10/2002 to 30/11/2006 of £591.10 and also interest at same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

-------------------------------------------------------------------------------------

[Michael Browne]

Ok. Have you looked at these:

 

4. Particulars of claim - N1 - hard copy version

 

Each daily rate should be a monetary figure

 

£3766 X 0.0517= £1.94 £3766 X 0.022= £0.82

[dazzaboy2]

The reason I put in percentages was because the interest varies on each charge depending on the length of days since offence on the spreadsheet, is this incorrect? Or does it work out the same regardless?

[dazzaboy2]

If anyone would be willing to cast an eye over my spreadsheet please feel free to PM me!!

[Michael Browne]

The interest varies on each charge depending on the length of days since offence on the spreadsheet

,

 

Yes that's right. And all these different interest calculations add up to £1400.37 on the day that you file. From then the interest on the charges £3766 is increasing at £1.94 per day

 

If you re-calculated all your charges in a weeks time the interest total would be £1413.95 ie £1400.37 + £13.58 (7x1.94)

[dazzaboy2]

Ahhhhh!! Clink.......the penny has just dropped!! Maths was never my strong point lol

 

Well, think I'll sort it out tomorrow, me head is mashed lol.

 

Michael, thank you for your help, it has been extremely valuable and much appreciated!!

 

[dazzaboy2]

Right,

 

Just been to Asda to get a cartridge for my printer!! Ready to go, couple of quick questions tho.

 

1. What do I put on the N1 form where it says brief details of claim? Just a simple "I am claiming for a refund of unlawful charges debited from my bank accounts by the defendant"?

 

2. Do I need to send anything other than the completed N1 and cheque for £250 to the court?

 

3. Do I simply just send the form to a court of my choice in England and thats the claim started? Do I need to make contact before doing this??

 

Game on!!

[natwesttookmymoney]

Hi, Darren

 

Try this

 

Repayment of amounts charged by the defendant to the claimant for purported breaches of a contract to supply current account banking services in contravention of the Unfair Contract Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law

 

In the 'value' bit put:

 

The Claimant claims:

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

b) Court costs

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges from January 2001 to November 27 2006 of £XXXX and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of 0.022%.

 

Don't forget to fill in the full particulars, and refer to the spreadsheet detailing the whole lot. Call it The Schedule, as in "A list of the charges (“the Schedule”) applied is attached to these Particulars of Claim."

 

See you back at the Bear GArden

Westy

[dazzaboy2]

Well guys,

 

The bullet has been bitten! N1 and schedule of charges posted to Bournemouth court today. Can't believe I'm actually sueing my bank lol.

 

Absolutely no response recieved from the LBA almost 3 weeks ago so I wonder how long it will take them to respond to this.

 

Watch this space.............

[stevokenevo]

Ah well ;-) good luck!!

[dazzaboy2]

Guys,

 

How long roughly will it be before I hear anything from the court? They haven't cashed the cheque I sent yet and I would have expected them to have recieved my claim by now.

[dazzaboy2]

The cheque has been cashed so I'm guessing that my claim has now begun.........

 

Game on!!

 

How long til I hear anything?

 

You can tell from this how patient I am lol!!!