Mahharg V Nationwide **WON**

[smesin]

Hi all

 

Pleease help !!!

 

 

Now I can't use My Electron on MCOL I have to use the N1 form route. The problem is The "particulars of claim" template does not fit in the form. How do I address this?

 

If I print it all on a seperate sheet of paper do I enter anything on the actual form?. I am assuming that I cross out "to follow" and leave "attached"

 

Would I put anything at the top of the seperate sheet of paper with the "particulars of claim" on?.

 

If someone could point me in the right direction pleeease.

 

Hi Mahharg,

 

The N1 form is just as good as MCOL if not better... You can fill it in and print it off at home (see link) then just drop it off at your local county court (3 copies). I regard to the Particulars, I managed to fit mine on, PM me your e-mail address and I will send you the scanned images of mine as i cannot post on here.... If not, I do not see a problem why you could not attach them if it was stated on the form...

 

N1 Form: http://www.hmcourts-service.gov.uk/courtfinder/forms/n1_0102.pdf

 

Here is my text from the POC Section:

 

 

1. The Claimant has an account 3*****32 ("the Account") with the Defendant which was opened on or around 14th September 2004

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 itself 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 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 the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

5. Accordingly the Claimant claims:

a) the return of the amounts debited in respect of charges in the sum of £330.00;

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.

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).

 

These are edited slightly from the template as I am not claiming interest on my interest....

 

Let me know if you want to see the scans.

 

It's also a bit weired that our claims are running alongside eachother and I too also gave up smoking about 8 days ago... I guess this keeps our fingers busy and sueing a national building society can motivate you to do anything!!!

 

Hope this helps, Smesin.

[mahharg]

Hi Smesin

Thanks for a copy of your claim particulars. I have now sorted it already printed up and ready to go. Its good to be ahead of the game I will be looking more into the AQ now (be prepared) although I hope we won't need it. BTW if we wanted our claim to be issued on the 20th Feb would we be better off if we hand our N1 in on the 19th, or earlier if like my county court they have a large backlog?.

 

It's also a bit weired that our claims are running alongside eachother and I too also gave up smoking about 8 days ago... I guess this keeps our fingers busy and sueing a national building society can motivate you to do anything!!!

 

Yes Is a bit strange, also we joined the cag same time. hopefully we will get the money from the lovely people at Nationwide at the same time.

 

best of luck

mahharg

[mahharg]

Hello all

Got one question I have worked out my interest upto the date I hand in my N1 form (20 Feb) and have put this figure in my claim form

Charges £445.00

Interest under s.69 County Courts Act 1984 £110.17

Court Fee £80.00

TOTAL £ 635.17

Plus interest pursuant to S.69 County Courts Act 1984 from date of issue to date of judgement/settlement at £00.10p per day OR at such rate and for such periods as the court deems just.

 

All seems ok above except that after reading other threads the claims are not being issued until about a week after submitting form to court. Does this mean that I will lose about 1 weeks interest ok only 70p but my 70p or do I ammend it to read

Plus interest pursuant to S.69 County Courts Act 1984 from 20/02/2007 to date of judgement/settlement at £00.10p per day OR at such rate and for such periods as the court deems just.

 

I know at this stage one little error can delay getting my money back by months so would like to be sure. In meantime I am gonna take a trip to the court see if they can point me in right direction. Will post answer on here if I get it I am sure that others must be thinking about this but are to afraid to ask.

[mahharg]

Went into court to ask about query in post 14. Not much help really just agreed that it might not be issued on the day but they will date stamp the N1 form. Told me "sorry not trained to give legal advice all I can do is look at it and see that all sections are complete" so really my query was not answered. Is it just my court or are they all like this.

[MilkTrayMan]

...Is it just my court or are they all like this.

Court Officials aren't able to give any legal advice, as such, cos of impartiality etc.

This goes for them all @ every Court, not just yours.

Your question about Interest can be answered by reading through the example given in this link:

How to make a claim

 

Hope this helps?!

[mahharg]

Your question about Interest can be answered by reading through the example given in this link:

How to make a claim

 

Thanks MTM I have already looked at the process of how to make a claim and understand it. It is just that the sites example of 0.00022 x 1,000 = 0.22 totals exactly 22p not 22.2p or 22.8p for example so no need to round up or down my total comes to 9.79p per day so I want to quote a daily rate of 10p but I don't want nationwide defending on basis that I am claiming too much interest then again why should I quote 9p which is less than they should pay.

 

another thing, on the simple calc spreadsheet when I the total interest came to £110.18, but when I printed it out the figures (to 2 decimal places) on the sheet and addded it all together it adds ups to £110.17 obviously the program adds up to 3 decimal places but if the bank get their calculator out it wont look good if we can't even add up properly???

[MilkTrayMan]

Hi Mahharg!

...if the bank get their calculator out it wont look good if we can't even add up properly???

Calculator???

...I've always used my fingers!!...rofl... (...soz just couldn't resist it!...lol)

 

Try not to make mountains out of molehills and have sleepless nights about it.

...Am quite sure U could argue a typo error for the extra 1p discrepancy??

[mahharg]

Try not to make mountains out of molehills and have sleepless nights about it.

...Am quite sure U could argue a typo error for the extra 1p discrepancy??

 

OK thanks MTM. Just as I have learnt from this site the slightest error in could delay the process of getting money back but I suppose it is a molehill if the bank did argue the difference I could always write them a cheque for 1p:lol:. As long as it doesn't get returned unpaid:lol: .

 

Sorry sir but the charge of £30 for that 1p unpaid cheque is legal because it says so in the Ts & Cs you signed when you opened your account so there.

 

Sorry got my humourous head on tonight and couldn't resist.

[mahharg]

Just received my 2nd Fob off letter this time they are refering it to the member service department for review. I do believe this is one of their stalling statics. They will have had 14 days on the 20th so unless money arrives by then off to the court I go.

 

I might just give Mr Huntley a phine call on the 20th just to ask whether they have come to a verdict no messing "are you going to pay my money Yes or No". If they say no then I will inform him that I am now off to the court. Definatley no more time they have had 28 days. If anyone disagrees with this call I would like to know Thanks

[MilkTrayMan]

Hello Mahharg!

...If anyone disagrees with this call I would like to know Thanks

I shouldn't bother yourself if I was U.

A/ It will cost U money to call

B/ U will get upset when he says NO

C/ U will get confused and get thrown off track if he convinces U to delay your Claim with false hopes and promises..

D/ U will have no record of the conversation.

E/ By restricting contact to letters U have tangible evidence of Offers/Settlements etc.

D/ It's not much fun for anyone to have to type advice to try to retrieve situations that could have been avoided in the 1st place!!!

U know the score...U've read the threads.

...Nationwide won't budge until U file your Claim @ Court!

Or are we talking one of those 'Special' Persons here?...lol...

(...no offence intended)

[mahharg]

no offence taken I do love your little tongue in cheek remarks MTM. Once again you're correct they have had their 28 days If they haven't paid yet they won't. cheers MTM

[mahharg]

I have messed up on this post & post 24. How can you delete a post when you mess up?

[mahharg]

was trying to insert a copy of a form but couldn't do it. I would have deleted this post but didn't know how sorry. perhaps someone can enlighten me. How do you delete a post like this that is totally worthless. Assuming MTM is joking what he mentioned in post below. Although a good idea would I not be wasting a mods time and might I be barred from posting?

[MilkTrayMan]

Re-edit your post...

Insert something contentious/libelous/insulting/pornographic etc etc and just let a MOD do it for U...

[mahharg]

Didn't submit my claim today as planned will do it tommorrow

 

Did anyone see watchdog tonight. I am sure that this is the nail in the coffin for bank charges. I am glad I am this far because I think the queue for refunds will grow now

BBC - Consumer - TV and radio - Bank charges

[lori1]

i finally hit the submit button yesterday, so i'm glad to say i am in front of all those peeps who watched watchdog tonight, i checked today and my claim has been issued.so now the waiting begins...best of luck with your claim.x

[mahharg]

I have submitted my N1 claim form along with schedule of charges (3 copies of each) to my local County Court. Was told that it won't actually be issued for about 10 days so suppose just have to wait now. Fingers cross for a smooth ride from here.

[mahharg]

Friday 8PM ITV1 Tonight (with Trevor Mcdonald ). It is all about unfair bank charges with Martin Lewis from moneysavingexpert.com

[mahharg]

Phoned County court today to ask why I haven't heard anything. I was told that claim was issued on wed 28th Feb, does this mean it will be served today (Fri 2nd March). The paperwork is in the post so should receive something real soon.

[mahharg]

QUESTION PLEASE

I went to my court today to inform them that I have not received anything in the post yet so asked for an update I was told it was issued I should get something in post real soon. I was also told that it was deemed served on the 3rd March (Saturday). Can it be served on the Saturday or would I have to assume the 14 days start from Monday 5th March?

[smesin]

QUESTION PLEASE

I went to my court today to inform them that I have not received anything in the post yet so asked for an update I was told it was issued I should get something in post real soon. I was also told that it was deemed served on the 3rd March (Saturday). Can it be served on the Saturday or would I have to assume the 14 days start from Monday 5th March?

 

Sat 3rd I would say... This gives them 2 days with first class post which is plenty. Furthermore, considering it was sent to there registered address... I assume someone must be there weekends to deal with this type of mail. Trust the court... if they say it is deemed served on 3rd March then I'm guessin Nationwide aint gonna argue... You should receive your paperwork soon which gives all the dates anyway. It's not that significant so I shouldn't worry as it will probably we acknowledged by NW before then.

 

Smesin

[mahharg]

I assume someone must be there weekends to deal with this type of mail. Trust the court... if they say it is deemed served on 3rd March then I'm guessin Nationwide aint gonna argue...

 

I suppose the cleaners/security are there at weekends LOL only kidding. No suppose your right It would mean they have until Monday 19th March instead Tuesday 20th March to acknowledge but I will wait. Thanks will update when I hear anything. Your money should be with you soon hey Smesin

[mahharg]

Hello

 

Reading other threads am I the only one who thought that the payouts from Nationwide were slowing down to almost non existent well ther might be some good news from the daily mail today

 

Nationwide recently said it would halt settling any more claims for refunds until the OFT has issued a final decision on the issue.

However, the building society was forced into a U-turn after it was pointed out this did not comply with the banking code requirement to deal with complaints within a set timetable.

 

So hopefully the money should start coming through again soon:) .

[mahharg]

I've finaly got my notice of issue through the post (post marked 6-3-07)

Your claim was issued on 21 February 2007. The court sent it to the defendant by first class post on 01 March 2007 and it will be deemed served on 03 March 2007. The defendant has until 19 March 2007 to reply.

 

quick question

When I submitted my N1 form i handed in 3 copies, 1 for the court, 1 for the defendant and 1 for myself. I was told to leave it with them and it will be sent to me but when will I get it back?.

[smesin]

I got mine back with my Notice Of Issue..... Get on their case if you really want it... although I don't think it's important as your notice of issue is your confirmation.