Did anyone else lose money using the MCOL

Mr_BOOMBASTIC

What with the supreme courts desision regarding bank charges i'm a bit confused.

I originally carried out mine and my wifes cases using Money Claim Online and this cost us about £250 to take the banks to court. Am i right in assuming this money has now gone even though i didnt even get to court.

So not only did i loose the bank charges i lost £250 quid trying to get them back:(:(:(. Was this just me or did everyone use the ombudsman route???:mad:

I've been back on the MCOL site and it saying:

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

Does this still mean i could be going to court??

Thanks i'm well confused

Premier_2

The initial fees you paid to mcol were filing fees. i.e. a fee paid to file the claim.

That money is generally not refundable (unless you contact them very quickly to cancel the case, e.g. a case filed in error)

Additional fees are incurred as the case progresses. e.g. if you were set a court hearing date, then a hearing fee would be asked for. If you paid that, but didn't have a hearing, this hearing fee can be refunded (again terms & conditions apply, such as how long before hearing date the court was advised a hearing was no longer required)

Regarding your advice received from mcol, that is what happens when a defendant files a defence; the matter can no longer be continued on line as it now requires a judge to look at the claim (and defence) and decide next steps. I would fully expect you would need to attend court at some time if you are to have any chance of winning this disputed claim.

Edit: regarding using the ombudsman services, this is generally advised before taking the matter to court because:
(a) it's free (to the complainant)
(b) it may offer a suitable resolution. If the complainant accepts the resolution, the bank must adhere to the decision, yet the option is available for the complainant to reject any offer of resolution and take the matter to court instead.
(c) it demonstrates that the complainant has tried to make every attempt at resolving the claim without resorting to legal action; court action should always be seen as a very last resort.

devil26

Surely the claim was filed based on the information at the time. The goalposts have been moved by the Court system. Conspiragy theorists would suggest that the Courts had as much financial gain riding on the outcome of the appeal

Premier_2

devil26 wrote: »

Surely the claim was filed based on the information at the time. The goalposts have been moved by the Court system. Conspiragy theorists would suggest that the Courts had as much financial gain riding on the outcome of the appeal

No. No one has moved any goal posts. The SC simply indicated where the goal posts have always stood.

natweststaffmember

Mr_BOOMBASTIC wrote: »

What with the supreme courts desision regarding bank charges i'm a bit confused.

I originally carried out mine and my wifes cases using Money Claim Online and this cost us about £250 to take the banks to court. Am i right in assuming this money has now gone even though i didnt even get to court.

So not only did i loose the bank charges i lost £250 quid trying to get them back:(:(:(. Was this just me or did everyone use the ombudsman route???:mad:

I've been back on the MCOL site and it saying:

You are unable to take any further action online on this claim.

The Defendant disputes the whole amount you have claimed. Your claim cannot proceed online and will be transferred to the appropriate court for continuation. You will receive confirmation to where the claim has been transferred to shortly.

Does this still mean i could be going to court??

Thanks i'm well confused

Is your case stayed? When did you file your case?
What was the POC(particulars of claim) that you used to file the case?

The likelihood is that you will have to amend the POC's which will cost you additional money if you have used old templates claiming that the level of charges are unfair or that the charges are penalties.

taniamct

I filed a case with MCOL in 2007 with my halifax bank charges and was under the impression the case had been stayed by the courts !!
After the news recently about the test case i thought id check where i stood with MCOL just to be told that my case no longer exists and that i should have renewed my claim after 6 months !!! i dont understand i was never told this _pale_ , so now not only have i lost my bank charges i have also lost the MCOL fees ???
Is there anyone else out there that has had the same problem ??:mad:

Premier_2

taniamct wrote: »

I filed a case with MCOL in 2007 with my halifax bank charges and was under the impression the case had been stayed by the courts !!
After the news recently about the test case i thought id check where i stood with MCOL just to be told that my case no longer exists and that i should have renewed my claim after 6 months !!! i dont understand i was never told this _pale_ , so now not only have i lost my bank charges i have also lost the MCOL fees ???
Is there anyone else out there that has had the same problem ??:mad:

MCOL does exactly what it says it does. i.e. Money Claim On-Line and provides a simple, convenient and secure way of making a claim on the internet.

If the defendant puts up any kind of resistence, then the case is passed to a county court to handle.

I'm not sure why your case is no longer on MCOL. Mine dating back before 2007 are still there.

I'm not sure who told you that you need to renew an MCOL claim every six months - that's not true.

What did the original court stay order say exactly? Have you contacted the court that issued the stay to see what they think the position of your claim currently is?