claiming via court not mcol

justlaugh2

manhater wrote: »

Read through your threads and was so relieved to see that there are others claiming via the county court, i have received the paperwork and have got to admit, court papers scare the hell out of me.

I dont even know where to start, it all seems so confusing, so any advise from people who have filled in this form before would be gratefully received, im hoping to submit claim today.
I am claiming £4,009.00 without interest, that is what i have asked the bank for (i wish now i would have added interest) but if i win by default i am entitled to the interest of £1,184.62 (to date) do i submit a printout of martins calculator which shows all charges/date/interest and total just so the judge can see the interest added or do i just proceed without mentioning the interest as the judge will calculate and add to my claim if i do win by default?

What do i write in the 'brief details of claim' ?
value?


particulars of claim?

And do i have to copy the same into all three forms?
Do i have to include the copies of the two letters i sent to Halifax with there one reply?

Please someone help, as you can see i am in need of guidance as im feeling very daunted by this.
Thanks in advance.

I used the POC template on the CAG website as it works better when filling in the N1 form and is more detailed.
http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Yes, include a copy of charges+interest list ( from martins calculator)

Yes you should have 3 copies.

I didnt include copies of the letters was saving that for later ( court bundle) if needed.

Am here to help if i can!

Becky

spikeyhedgehog

can you please tell me where i get the n1 form from i am on benefits and called up the court today they are sending me some forms

Kurt_Hamster

manhater wrote: »

Read through your threads and was so relieved to see that there are others claiming via the county court, i have received the paperwork and have got to admit, court papers scare the hell out of me.

I dont even know where to start, it all seems so confusing, so any advise from people who have filled in this form before would be gratefully received, im hoping to submit claim today.

In your own best interests don't do anything until you know what you are doing.

Before putting in your claim invest in several hours of reading here and on the CAG website, you will reap the benefits.

If you think it's confusing now, you will struggle later. Best to do the groundwork now instead of jumping the gun and finding out you screwed up later.

I am claiming £4,009.00 without interest, that is what i have asked the bank for (i wish now i would have added interest)

You weren't entitled to the interest earlier, so you were actually correct not to request it from the bank.

but if i win by default i am entitled to the interest of £1,184.62 (to date)

You are entitled to ask for it on your N1, it's up to the judge to award it, it isn't an automatic procedure.

do i submit a printout of martins calculator which shows all charges/date/interest and total just so the judge can see the interest added or do i just proceed without mentioning the interest as the judge will calculate and add to my claim if i do win by default?

You definitely need to do some reading up first. There are guides both here and on the CAG website on how to fill in an N1 form.

You have to include with your N1 claim form a full list of all the charges complete with their interest totals and the reason for the charge. If you don't either the bank's solicitor or the judge will ask you to.

What do i write in the 'brief details of claim' ?
value?
particulars of claim?

Please time the time to look at the guides, it is all explained there.

And do i have to copy the same into all three forms?

You have to supply 3 correctly filled out N1 forms to the court. They will stamp them and return one to you, one to the bank and they will keep one themselves.

Do i have to include the copies of the two letters i sent to Halifax with there one reply?

You don't have to at this stage as they will be needed later in your court bundle, though it won't do any harm to include them if you so wish.

Please someone help, as you can see i am in need of guidance as im feeling very daunted by this.
Thanks in advance.

Look at the stickies at the top of the first page on this site, register on the CAG website - http://www.consumeractiongroup.co.uk and read the FAQ pages and look at the N1 template.

Please don't do anything until you understand what it is you are doing.

Kurt_Hamster

spikeyhedgehog wrote: »

can you please tell me where i get the n1 form from i am on benefits and called up the court today they are sending me some forms

You can get online versions at http://www.hmcs.gov.uk

If you want paper versions either phone your local court, or pop in and ask.

If you are on benefits you will also need an EX160 form to apply to not pay the costs.

manhater

Thanks Kurt_hamster i have just filled out the forms and submitting this afternoon. Fingers crossed.

becksta22

still nothing they only got 5 days left gettin worried now had no offer or cash put into my account from hsbc or nationwide.hope sumthing happens soon dont wann have to got to court

manhater

Submitted my papers to the court yesterday who said they will serve Halifax on wednesday.
Lady at court made me chuckle as she said 'oh not bank charges'. I asked if there was any trouble on payout that she heard of and she said that Halifax are paying out quite quickly but Woolwich and A&L are digging there heels in. Not sure if that just means local to me or in general but would gather a guess at local, so anyone claiming nr Southend with one of those banks, you know what to expect!

They are extremely helpful and are almost as pleased as you are for getting your money back.

jetcat

justlaugh2 wrote: »

Oh No!!!!

After posting my letter and judgement request back to court yesterday, i phoned court and they told me Lloyds acknowledged the claim on Monday 21st May!! 13 days late!! and that if Lloyds enter a defence before they get around to opening my letter ( court has a back log of about 2 weeks) that the court will have to consider it!! No matter that if they had acknowledged when they were supposed to there defence should have been entered by 22nd May!!

The courts seem to be very accomodating regarding the banks. You would think that by now they would have had it up to here with them and not let them get away with all the messing around.

I will leave it until the end of the week before i ring again as when i called yesterday the lady told me they log all the calls! So they do know just how many times i have called!! ( almost every day lol)

Will keep you all posted.

( ps. i am now a regular money saver with 2 stars whoopee!!!)

this is exactly what happened to me, so dont worry!! everything got crossed in the post, and although a different bank to yours, they did pay up (most of it) on day 28. keep the faith x

becksta22

well they had 2 days to go and i have just gone into slow labour so hopefully will !!! outa hospital to loads a money in my account lol

jetcat

awwwww - best of luck!!! i had my baby girl in december -a section though!!! will be thinking of you xx