Bank charges

sugaJen

Trying to get some help filling in an N1 claim form (mums exempt from charges so not doing moneyclaim online) been posting on the bank action group website and not gettin much response can anybody help?

oakdale_minx

hiya - what would you like to know? I've not manually filled in an N1, but I've done four online claims for bank charges.

kickingkay

oakdale_minx wrote:

hiya - what would you like to know? I've not manually filled in an N1, but I've done four online claims for bank charges.

Hi, i am at my online file for bank charges i have sent the first two letters of action off and some 5 weeks on im still getting letters sayingthey will deal with within the next 6 weeks!:eek:
so i now am ready to file on line but im not sure how!
please can you list some tips
thanks kk

oakdale_minx

Well, the best tip I can give is for anyone reclaiming charges to go to http://www.consumeractiongroup.co.uk and start your ownthread if youhaven't already done so. It is brilliant.

I wouldn't claim to be overly knowledgable, but what I would say is - stick to your timetable, NOT theirs. If you have given them the 14 days from the prelim and the 14 days from the LBA - time to go to court!

There is a spreadsheet on CAG you can enter your figures into andit will work out your 8%. It is very clever!

With MCOL, you will need to register.

The first page of a new claim is your contact details.

the next page is the bank/CC contact details. I've used the registered head office address from the headed paper for each of mine.

the nextpage , the particulars of the claim need to put in the box. You onlyhave a certain number of characters and a certain number of lines, but I put each time:

I have a contract with the defendant bank
which is conducted on their standard terms
and conditions.I am claiming the return of
money taken by the defendant in the way of
charges over the last x years.The banks
charges are a disproportionate penalty and
therefore unenforceable as they are
contrary to common law.Further, as
adisproportionate penalty they are invalid
under the Unfair(Contracts) Terms Act 1977
s.4 and under the Unfair Terms in Consumer
Contracts Regulations 1999. Para.8 and sch.2
(1)(e).In the event that the charges are
not a penalty then they are unreasonable
within the meaning of the Supply of Goods
and Services Act 1982 s.15.I have
repeatedly asked the bank to justify their
charges but they have declined to do so.
The claimant claims interest under section
69 of the County Courts Act 1984 at the
rate of 8% a year from xxx to
xxx of £xxx and also interest
at the same rate up to the date of judgment
or earlier payment at a daily rate of £xxx

That should fit the number of characters/lines, but you might need to squish it all up a bit.

This includes the bit about claiming the 8% interest. You need to click 'no' for the human rights question and 'yes' to the 8% interest question.

to calculate the daily rate, the sum is amount claimed (without the 8%) x0.00022. the answer is your daily rate (mine have all less than £1 I think)

The total is the amount claimed + the 8% interest.

Press calculate and it will give you the relevant court fee.

type your name at the end and have the CC or debit card ready to pay!

Please though, I'm not an expert in any way, I'm only sharing my experiences so far, the CAG board has lots and lots of people who are more knowledgable than me.

sugaJen

The particulars of claim bit, call me thick but i dont even know what that means lol,

And how do I word the brief details of claim

Jen

oakdale_minx

I just copied it from the CAG website library and added my figures, but it means 'I have an account with x bank and want my charges back. They are unlawful. I have asked for them back but no joy. I'm also claiming interest at 8% because i'm allowed to. I can also claim x amount a day additional interest after issuing this claim - because i'm allowed to!' (or something like that!)

I'm guessing you would put exactly the same thing on an N1 in the brief details of the claim. With online claims you can name them at the beginning (Abbey claim, Capital One claim etc) and then the only other bit to fill in online is the text I've put above.

kickingkay

oakdale_minx wrote:

I just copied it from the CAG website library and added my figures, but it means 'I have an account with x bank and want my charges back. They are unlawful. I have asked for them back but no joy. I'm also claiming interest at 8% because i'm allowed to. I can also claim x amount a day additional interest after issuing this claim - because i'm allowed to!' (or something like that!)

I'm guessing you would put exactly the same thing on an N1 in the brief details of the claim. With online claims you can name them at the beginning (Abbey claim, Capital One claim etc) and then the only other bit to fill in online is the text I've put above.

thanks for your help it has been great, just one thing my charges were only in a 2 month period july aug would i still claim the 8%??? i thought being as i have only incured charges in a 2 month period i would only need claim those back not the % too?
thanks
kk