what should i do next *** WON ***

[mbdiss]

Seems fairly similar to mine...is this for MCOL or paper N1?

this would be because i have hi-jaked parts of yours:| hope you don't mind to much;) . this is for papper N1. as i am off work at the mo it gets me out of the house. still need to get the wife to proofread it yet, she is pritty good at putting word down on paper

 

 

BUT I misunderstood what she said. I shortened it as much as I could while retaining the gist of my case THEN added the comment. Now I see she meant that I should shorten my brief to ONLY the comment. DUH!

 

is that not to short.

 

Filed my N1's just before Christmas and haven't received anything back from court as yet so can't advise you if there are any issues with not being 'brief' enough...

 

That said, the court clerk commented that it all looked in order.

cool hope you get your settelment or date through soon.

[HydraUK]

Of course I don't mind mate, thats what the site is for eh? Most of mine I nicked off someone else!

 

I don't know if the suggested brief is too short....however if you use the text you've proofed above I would guess it would be unlikely that they would refuse to read it 'cos it's too long....lawyers get paid by the hour after all...

[mbdiss]

Thanks. i have still got a few days to go. the deadline i set runs untill the 8th jan, thought i would give them until then with it being christmas. aren't i kind:p

[HydraUK]

aren't i kind:p

 

If only they would reciprocate

 

Well no sign of postie here as yet so still no news on my dates...grrrr. This waiting HURTS. I am not a patient man! lol

[mbdiss]

lol it always seams to take forever when you are having to wait.

[mbdiss]

well four days to go before filing my calim at court.

 

Just a quick question when I send in my N1 claim form do I need send anything else with it other than the schedule of chargers showing the 8% interest? If so what also do I need to send RBS a copy of the schedule showing the 8% interest?

On the N1 form do I need to put the sort code for the bank?

How do you work out the daily interest rate?

[HydraUK]

On the assumption your doing paper N1's (not used MCOL so can't help there.)

 

Go to court and get a claim pack, it has 3 copies of N1 for you to fill out and a comprehensive set of booklets telling you lots of useful stuff.

 

However I couldn't be bothered writing it all out 3 times so I used this PDF http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Fill it out and print off 3 copies (double sided) then clip your schedule showing the 8% calculations to each one.

 

I don't recall the sort code being required other than as part of the identifier of your account (having just re-read my N1 I find I haven't put the sort code anywhere on it, but it is on the schedule - oops), however you MUST have a postcode for both yourself and the bank.

 

Daily interest is calculated so :-

 

Amount of claim (before interest) x 0.00022

[mbdiss]

thanks hydra.

ok so i think this is right £3269.52 x 0.00022 = 0.7192944 arounded up to £0.72 daily rate. could some one please tell me if this is right:confused:

[mbdiss]

On the assumption your doing paper N1's (not used MCOL so can't help there.)

 

Go to court and get a claim pack, it has 3 copies of N1 for you to fill out and a comprehensive set of booklets telling you lots of useful stuff.

 

However I couldn't be bothered writing it all out 3 times so I used this PDF http://www.consumeractiongroup.co.uk/forum/bank-templates-library/844-n1-claims-form-pdf.html

 

Fill it out and print off 3 copies (double sided) then clip your schedule showing the 8% calculations to each one.

 

I don't recall the sort code being required other than as part of the identifier of your account (having just re-read my N1 I find I haven't put the sort code anywhere on it, but it is on the schedule - oops), however you MUST have a postcode for both yourself and the bank.

 

Daily interest is calculated so :-

 

Amount of claim (before interest) x 0.00022

 

Is this the address i need to put a paper N1 form as i have only had contact from my local branch

 

RBS LITIGATION

1 PRINCESS STREET

LONDON

EC2R 8PB

[HydraUK]

Use that address or branch, if you use branch there is more of a case to keep it in your local courts.

 

Daily rate looks good.

 

Sock it to 'em.

 

Don't forget the clicky cheers m8

[mbdiss]

wish i could mate but it tells me i have to spread the love around a bit more before i can click you again:|

[HydraUK]

nvm lol thx anyways

[mbdiss]

ok just sorting out my N1 claim form for the court could someone please have a look through this and tell me if this is ok and also is the daily rate that i have put right?

 

In the – Preston County Court

mbdiss

ADDRESS CLAIMANT

-Vs-

RBS PLC

BRANCH

ADDRESS DEFENDANT

Brief Details of Claim

The Claimant had an account ******* with the Defendant which was opened in or around April 2003 and closed around August 2006.

During the period in which the Account has been operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant.

The Claimant contends that such charges are levied as penalties for purported breaches of contract and as such are unenforceable by virtue of common law, the Unfair Contracts Terms Act 1977 and the Unfair Terms in Consumer Contracts Regulations 1999

The claimant intends to pursue the return of monies taken in the for of unfair charges by the Defendant.

 

Particulars of Claim

1. The Claimant had an account *********with the Defendant, which was opened around April 2003 and closed around August 2006.

2. During the period in which the Account has been operating the Defendant 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 the Defendant and the Claimant.

3. A list of the charges applied is attached to these particulars of claim.

4. The Claimant contends that:

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost 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 relate 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 common law, under the Unfair Contracts Terms Act 1977 s4 and under the Unfair Terms in Consumer Contracts Regulations 1999 Para 8 and sch2 (1)(e).

5. Accordingly the Claimant claims:

a) The return of the amounts debited in respect of charges in the sum of £***** plus interest as set out in D (do i need to show the amount of interest on here?)

b) Court costs £*****

c) Data protction request £10

D) Interest pursuant to section 69 County Courts Act 1984 at a rate of 8% per year from 10th June 2003 to 30th June 2006, as set out on the attached list of charges, also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.72.

Statement of Truth etc etc.....

 

 

ok so it's time to file my claim against RBS:shock: . Could someone please have a look at this and tell me if it looks ok or if i need to change anything.

Thanks:)

[mbdiss]

*bump*

[HydraUK]

Watchamate.

 

Just a couple of little proof errors....

 

During the period in which the Account has been operating

 

possibly replace with was (in brief and full details) as the account is closed.

The claimant intends to pursue the return of monies taken in the for of unfair charges by the Defendant

.

 

something missing?

 

Section 5

a. remove reference to interest completely

b. just put 'Court Costs' - no figures, it could go up

c. typo - protection

 

Regards

 

Phil

[mbdiss]

thanks Phil hadn't spoted that it is meant to say form of unfair charges.

 

one question in section 5 a do i put the total cost of the claim including the interest? or is it just the charges?

[HydraUK]

Just the charges mate, the application for interest is covered in D

[mbdiss]

thanks mate you are a star. i would click you but it still won't let me.

 

will print off to night and file tomorrow.

[HydraUK]

No worries mate, Lancashire Lads gotta stick together ;0)

 

Keep us posted

[mbdiss]

No worries mate, Lancashire Lads gotta stick together ;0)

 

Keep us posted

 

where in lancashire are you? have you heard anything about your claim yet?

[mbdiss]

quick question what do i need to put in the value section on the N1 claim form

[HydraUK]

Nothing at all because you are claiming a known amount.

 

If, for example, you were claiming unspecified damages then you would put something like 'The claimant expects to recover more than £5k but less than £15k'

 

No longer do I live in God's county mate, I now reside in Turnip Land (Cornwall). Originally from Salford tho and my Da' is a Preston lad, I'm now whats affectionally known as a Cornish Manc (there's a fair few down here now - on the run? lol).

 

Claim update...got court papers back, deemed served on the 5th Jan. Got a letter yesterday dated 4th from Customer Relations thanking me for a letter dated 12th Dec that I haven't written and thanking me for my patience (yeah right, patient, me?)

 

10 days left to respond muppets, see how patient I am

[mbdiss]

humm ok just had a look at the hard copy on here and it show the costs in there confussed now:-? do i need to put a break down of what i am claiming for and if so where? by that i mean amount of charges,court cost SAR

[HydraUK]

Gimme 2 mins while I type out the instructions on the form N1A 'Notes for claimant on completing the claim form'

[HydraUK]

From N1A

 

VALUE

 

If you are claiming a fixed amount of money (a 'specified amount') write the amount in the box at the bottom right-hand corner of the claim form against 'amount claimed'

 

If you are not claiming a fixed amount of money (an 'unspecified amount') under 'Value' write "Iexpect to recover" followed by whichever of the following applies to your claim:

'Not more than £5000' or

'More than £5000 but not more than £15000' or

'More than £15000'

 

If you are not able to put a value on your claim, writ 'I cannot say how much I expect to recover'.

 

I followed the above instruction and left value blank.

 

The SAR and court costs you have covered in your POC.

 

Now it's time to watch Judge Deed on the telly and get some court savvy

 

Back in an hour if you need more....

 

Phil