Help, iv`e made a big mistake, please!

clairecj

oh no, i sent my second letter to bank on the 7th of April, no response so i am poised over my small claims pack, going over and over things when i realised i had made a mistake! Basically in my 1st letter i asked for interest so on filling out the second one (in my haste and exitement) i filled the one claiming interest. I thought this was the correct form at time , but now i understand it more i have realised my mistake. No wonder the bank not replied probably just waiting for me to take them court and use this as their defence , what should i do?

beckied

clairecj wrote: »

oh no, i sent my second letter to bank on the 7th of April, no response so i am poised over my small claims pack, going over and over things when i realised i had made a mistake! Basically in my 1st letter i asked for interest so on filling out the second one (in my haste and exitement) i filled the one claiming interest. I thought this was the correct form at time , but now i understand it more i have realised my mistake. No wonder the bank not replied probably just waiting for me to take them court and use this as their defence , what should i do?

It might be worth while you trying to phone them and see if they have received the letter anyway if so maybe you could explain to them what you have done!!
sorry dont really know what else you can do!!

clairecj

yeah it could be worth a try, i could kick myself, thanks for the advice

Stephen_Leak

Don't tell them you've made any error - its up to them to spot these for themselves.

In any event, you don't have a legal right to interest, unless awarded by the court.

At the court stage, everything re-starts with the Particulars of Claim - just make sure you get this right by using the templates.

Beate

I am not quite sure what you think you have done wrong. You used the templates which also ask for interest, is that correct? Lots of people use them. Asking for interest can be used as a bargaining tool, you have no right to it until you file a court claim, but that doesn't mean you can't be cheeky and ask. Once the 14 days for the second letter are over and you haven't heard anything, file a claim and include the interest as you are perfectly entitled to that then.

clairecj

Stephen_Leak wrote: »

Don't tell them you've made any error - its up to them to spot these for themselves.

In any event, you don't have a legal right to interest, unless awarded by the court.

At the court stage, everything re-starts with the Particulars of Claim - just make sure you get this right by using the templates.

so you dont think i should phone the bank, im just worried they will pick up on this mistake and use it against my case. thanks for your help!

clairecj

Beate wrote: »

I am not quite sure what you think you have done wrong. You used the templates which also ask for interest, is that correct? Lots of people use them. Asking for interest can be used as a bargaining tool, you have no right to it until you file a court claim, but that doesn't mean you can't be cheeky and ask. Once the 14 days for the second letter are over and you haven't heard anything, file a claim and include the interest as you are perfectly entitled to that then.

well i filled out the second template letter which is the one for claiming interest and in the part where you put the amount of default charges amount i have put the total amount(charges plus int added together ) i think i should have just put the charges amount, thanks for your help

Beate

Oh I see. I still wouldn't worry too much, just get it right when you file the court claim.

beckied

i really dont think it will matter on this occasion like beate said make sure you get it all right when you file the court claim

Stephen_Leak

clairecj wrote: »

so you dont think i should phone the bank, im just worried they will pick up on this mistake and use it against my case. thanks for your help!

You do not tell the enemy that you don't have any bullets!

As has been said, the interest is a bargaining chip before court stage - you are saying, "Look, if you make me go to court, it will cost you this much (and my court fees) as well, so it would be cheaper for you to pay back my charges now."

The court claim is based on the wording of the Particulars of Claim. The previous letters between you and the bank beforehand are just to prove that you gave them a reasonable time to resolve the matter and they gave you no option other than to take them to court.

From some of the bank defences I've seen on here, I wonder if the banks even bother sending the previous letters to their solicitors.

lindilou39

if worse comes to worst u have done no diff to me..you can apply for amendment to the court charge for this is norm about £35.00 and dont worry anything can be amended the courts arent ogres waiting for you to fail..