Giley V Barclays

[Giley]

Thanks Saint - We can drop these into the courts as I live just down the road from them... The fee is £85 and I will be prepared for when the Allocation Questionnaire is required too!

 

Sorry to be thick, but the N1 form... can I print it on normal plain paper or do I have to drop the text into a form from the Court website!

 

Sorry to be a pain!

[saintly_1]

you can get them from here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html lower on the page is a download in pdf format

You cant save it so will have to print off 3 copies

[saintly_1]

Forgot to say use the new POC's found here http://www.consumeractiongroup.co.uk/forum/bank-templates-library/107604-new-poc-n1-barclays.html

[Giley]

So I need to print off 3 x copies of the PDF form & then I will need to write the details in using the new POC!?

 

Thanks - I just want to get this right...

[saintly_1]

You can type into the pdf

 

Magnify it up so you can read it

[Giley]

Thanks so much for helping me!

 

I will give it a go and hopefully it will all be in the courts by the end of the week

[slick132]

Nice one Giley.

 

We're with you all the way!

 

Slick

[Giley]

Whoops, another month has passed and still no N1 form complete - Xmas shopping was more important....Although I have now just started the form to take in this week!

 

Can I just ask - the new POC doesn't fit on the court form - is it ok to put this in seperately, as an attachment?

 

N1

Page one = overview

Page two = POC

 

Seperate sheets - Schedule one & two, which is T's & C's and schedule of charges

 

I know this is so simple to complete but my mind keeps going blank when I start filling it in.

 

Sorry to be a pain AGAIN

[zootscoot]

Hi Giley,

 

Yes attach the POCs separately. In the space on the N1 for your particulars simply write please see attached.

 

The POC is likely to be longer than one page. Copy and paste it onto a word document. You may need to change some of the formatting. It is supposed to be double spacing and yes a separate sheet to start schedule 1 and then your spreadsheet as schedule 2. Make sure it is clearly labelled.

 

Any other questions just shout.

 

All the best

 

Zoot

[Giley]

Thanks Zoot - I am so worried about making a mistake that I wanted to be sure before I start printing it all off...

 

Thanks again for your time

 

[Giley]

This is part of our POC - have I put the figures in the correct place.

Also, do we have to give the exact date of when the account was opened or is the month & year ok?

Thanks

15. The Bank wrongly debited the Account with Charges totalling some £2,145 between 09/04/2001 and 13/12/2006. Particulars appear from Schedule 2.

 

16. On 15 June 2007 the Claimant demanded repayment of the sums wrongly debited.

 

17. The Defendant has not repaid them or any of them.

And the Claimant claims

 

(1) A declaration that the sums totalling £2145.00have wrongly been debited from the Account

 

(2) Payment of the said sum of £2145.00 charged by the Bank thereon.

 

(3) Interest under section 69 of the County Courts Act 1984 at the rate of 8% per annum from the date of wrongful debit to date in the sum of £553.83, and at the daily rate of 0.00022p until judgment or sooner payment.

 

(4)Court costs of £85.00.

 

 

[saintly_1]

Your daily rate on your charges is £0.47 (charges x 0.00022 )

[Giley]

Thanks Saintly - I am getting there!!!

 

Just a couple more things - Do I need Standard terms of Barclays Bank plc for 2000 as the account was opened in 2000?

Also, do I need to give an exact date or can I just use a month & year?

 

 

 

[saintly_1]

I would just print out the schedule 1 as it is in the POC's then use any other T&C's when the court bundle is needed ... an exact date is not required just a month and year

[Giley]

Hi there and happy new year!

 

Just thought I should let you know that we finally filed the N1 form at Tunbridge Wells County Court.

The lady took the £85, gave us a receipt and one of the set of forms back (keeping the other 2) and said that we should receive a notification letter soon, which will also have a court number on it, which we will need to add to our set of N1 forms. Can anyone tell me what the notification letter is?

[saintly_1]

It will be the notice of Issue ..... from then it will be 5 days until deemed served the bank will then have 14 days to aknowledge

[Giley]

Thanks - so basically the 'notice of issue' is the official document that we have filed the N1 at the courts and the 5 days, allows this to go to the bank?!? Is this right?

I assume to bank will acknowledge the court within the 14 days? Would I then need to contact them?

[saintly_1]

No Once they Aknowledge the claim they have 28 days from when it was served to enter the defence

 

Once they have done that its wait for the court to set a date and directions

[Giley]

Thanks Saintly - so they have 14 days to ackowledge, then 28 days to defend? Sorry to sound dim but it is a little confusing!

[slick132]

Hi Giley,

 

The Courts sends N1 out to bank and will send you a Notice of Issue which should confirm the date the Claim was sent (issued) to bank.

 

Lets say the Claim's issued on 3rd Jan so it should be Deemed to be Served on 5th Jan (that's what it said on MY Claim - or it may be the 5 days Saintly refers to) - no matter, just see what comes through on your Notice of Issue.

 

Then, from the Deemed Service date, bank has 14 days to acknowledge and 28 days to Defend.

 

So, in your case, bank would have until 19th Jan to acknowledge and 2nd Feb to enter their Defence.

 

Really pleased to see you got to File the N1 at Court.

 

Slick

[Giley]

Hi Giley,

 

The Courts sends N1 out to bank and will send you a Notice of Issue which should confirm the date the Claim was sent (issued) to bank.

 

Lets say the Claim's issued on 3rd Jan so it should be Deemed to be Served on 5th Jan (that's what it said on MY Claim - or it may be the 5 days Saintly refers to) - no matter, just see what comes through on your Notice of Issue.

 

Then, from the Deemed Service date, bank has 14 days to acknowledge and 28 days to Defend.

 

So, in your case, bank would have until 19th Jan to acknowledge and 2nd Feb to enter their Defence.

 

Really pleased to see you got to File the N1 at Court.

 

Slick

 

Thanks Slick - yes, we are pleased & relieve to finally get the N1 to the courts. I must admit, we did take out time

 

I suppose we also have to sit back and what to hear the results of the OFT case too!?

[slick132]

Yep time for a bit of watchin and waitin.

[Giley]

Dear all - just to let you know that the Notice of Issue has landed at home.

 

It says that it was deemed served on 3 Jan,they have til 17 Jan to acknowledge and til 31 Jan to defend (my birthday!)

 

How will I know if they acknowledge or defend? Would I need to contact the Court? Obviously they will 'defend' or apply for a 'stay'....

 

Thanks:-D

[saintly_1]

Hi Giley .......... I rang the court to see If my claim was acknowledged

[torigirl_uk]

Hey Giley

quote{How will I know if they acknowledge or defend? Would I need to contact the Court? Obviously they will 'defend' or apply for a 'stay'.... }quote

 

I did mine on MCOL and they let me know on their site when it was acknowledged, but with regard to the 'Defend' you'll get a letter from the courts, whichever way you went about starting proceedings!

 

Tori:)