Court saying N1 wrong form; help!!! CCA, PPI

[clairemp]

Hey

 

Some guidance please. I'm at the stage of issuing claims against AA Visa/Loan - both of which have improperly executed agreements, and both of which included Payment Protection Insurance which AA have admitted was mis-sold but which monies they've held onto against the disputed account. Having got nowhere with the Ombudsman, the Ombudsman very specifically said that a court had to rule as to whether the agreements were enforceable/wholly irredeemable, I took quite a lot of time formulating the Particulars of Claim which can be summarised as:

 

Court judgment that Credit Card Agreement is improperly executed and/or fraudulently misrepresented and thereby irredeemably unenforceable; repayment of Payment Protection Insurance monies the Defendant has admitted mis-sold and thereafter unlawfully withheld, thereby receiving unjust enrichment by duplicated benefit on the Defendant’s own mistake in law and/or fact; rescission and/or discharge of disputed account balance or in the alternative reduction of said balance as restitutionary damages for contractual breaches and contraventions, breaches and violations of law and governing principles; removal of default entries with Credit Reference Agencies in order to put Claimant in position would have been in before the mis-sold Payment Protection Insurance; restitution for escalating debt collection practices and breaches of Data Protection Act 1998.

HOWEVER the Court keep sending the forms back with different things wrong with them. I have rung and tried to find out what the problem is and their main problem seems to now be that an N1 claim form is only for money claims and the rest of it should be taken out. Though it is all one claim and we are ultimately talking about money. They say the value of the claim should ONLY be the money I actually want back and interest thereon, not for example the account balance I'm disputing - while you can certainly argue that it's not money coming back, it's certainly a monetary value of monies written off and I think it has to be included in a monetary value ascribed to the claim. When I asked what form I should be completing, their answer is to get legal advice. Which I of course have had.Tis like a hamster ball. So, any ideas on what claim form I should be completing? It's all one matter with two sides in dispute upon which a court has to make a judgement in law, and I would guess that the value of the claim is mainly to do with the track it'll be heard on. At one point, she said courts only deal with money claims - huh?]Thanks for any advice.

Cheers

Claire

Edited July 6, 2010 by MARTIN3030
Tidied up

[rhodium78]

You need to put the value down of the claim. If you don't have a fixed value, you should state in there one of the following:

 

"not more than £5,000";

"not more than £25,000";

or "more than £25,000";

 

so it gets allocated to a track. Without that info, the Court won't know which track to allocate it and would probably think it should be for a Part 8 claim which uses form N208.

 

If there is no dispute as to facts, a Part 8 claim is more appropriate but looking at your PoC, there is a lot of dispute and allegations apart from the PPI which you will have to prove hence a Part 7 claim which uses form N1 is the correct course of action.

[clairemp]

Eyup

 

That's fantastic, cheers for the help.

 

Thanks

Claire