Moneyclaim Online (MCOL) question

sugaJen · 18 January 2007 at 3:28PM

Claimed charges back before but never with MCOL, Just wondering about the spreadsheets, will it ask me to attach them after payment has gone through or do they have to be posted?

TIA

Jen

reecos · 18 January 2007 at 3:41PM

No need to attach the spreadsheets. This information will be requested by the court at some stage before the hearing (not that there will be a hearing).

In my case I filed a claim on MCOL then was sent an allocation questionnaire that i had to complete and return to the court.

The next stage for me is to send all my evidence which will include the spreadsheet of charges.

HTH

nicthespiv · 20 January 2007 at 12:40AM

I'm currently chasing up Halifax for my total charges and interest of £1100. I've followed the procedure outlined in Martins step by step guide and I made it all the way to making my court claim online after Howard and co refused to give me extra!

This is where my bit of advice comes in...TAKE CARE ONLINE!

Being in such a rush to fire off my court case I made a silly boo boo. On the first page of making a claim. I entered my details first, then in the box beneath where it asks for 'organisation' I entered the details for the Halifax. This area was for entering details of an organisation making a claim if not an individual. So it turned out in my haste I had entered both myself and halifax as the claimant!

The claim was served a few days ago and I was concerned to recieve a claim against myself from the Halifax.

It's entirely my fault, so do take care when filling out online.

I will get a refund of my £120 once I make a duplicate claim and email to ask for a refund. Again, take care, I have also found that refunds are discretionary.

Also, they do not refund to the card that the fees were paid from but by a giro/money order which is obviously slower.

I'm busy kicking myself, in the time it's taking me to redo the claim and borrow a credit card from someone else I could have had my money back by now!!!!

gmcintyre1975 · 20 January 2007 at 12:49AM

Thanks - i have just sent off first letter today t First Direct for £986.75, hopefully won't get to Claim stage but will definitely take my time if I do.

misskitty_4 · 20 January 2007 at 6:15PM

Hi everyone,

just getting my court claims ready for Halifax & Barclays for 1st thing Tuesday morning but I'm stuck. I'm finding it all a bit confusing and so have a few questions. Really sorry if they are obvious!

Particulars of claim (You are allowed 1080 characters on up to 24 lines.) Is there a template here I can use here as I’m really not sure what to put?

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ !!do I put the amount less or including inertest?} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest} what is the daily rate of interest?

Does or will your claim include any issues under the Human Rights Act 1998? I guess the answer is no. Is this correct?

Do you want to reserve the right to claim interest? Yes?

Amount claimed Do I use the total amount including interest here or without?

Thanks!

Rex_Mundi · 20 January 2007 at 6:30PM

Particulars of claim (You are allowed 1080 characters on up to 24 lines.)

Edit the parts in bold to fit your claim.

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX). Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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. Costs allowed by the Court.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ (amount of interest only) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

Does or will your claim include any issues under the Human Rights Act 1998? I guess the answer is no. This is correct

Do you want to reserve the right to claim interest? Yes?.......Correct

Amount claimed Put in the total of your charges including interest added.

misskitty_4 · 20 January 2007 at 6:34PM

Rex_Mundi wrote:

Particulars of claim (You are allowed 1080 characters on up to 24 lines.)

1. The Claimant has an account XXXXXXXX with the Defendant, opened DATE. Since DATE the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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. 7. Costs allowed by the Court.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ (amount of interest only) and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

Does or will your claim include any issues under the Human Rights Act 1998? I guess the answer is no. This is correct

Do you want to reserve the right to claim interest? Yes?.......Correct

Amount claimed Put in the total of your charges including interest added.

Thanks so much. Thats a massive help!

asna97 · 21 January 2007 at 7:24PM

hi just wondering what i put on the particulars when filing claim please help amy

misskitty_4 · 21 January 2007 at 9:34PM

see above posts

hogpog · 21 January 2007 at 11:29PM

just a quick question.

the text that this site states should be copied into the mcol particulars of claims is more than the 1080 characters allowed.

i've tried trimming the text but without removing important information i can't make the text fit the 1080 limit.

anyone know a slimmer version of the wording that will fit?

thanks

Rex_Mundi · 21 January 2007 at 11:50PM

hogpog wrote:

anyone know a slimmer version of the wording that will fit?

Try this (same version edited). Edit the parts in bold, and enter the dates as XX/XX/XXXX..................

The Claimant has an account XXXXXXXX (put your account number)with the Defendant, opened DATE. Since DATE the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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. Costs allowed by the Court.

Moneyclaim Online (MCOL) question

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