Moneyclaim Online (MCOL) question

mrkh1

Hi all, i have just started court proceedings against the halifax. I filled in the details and issued my claim on the 10th may. Only on the 12th i have recived a letter offering a refund, i rang the halifax saying that i would accept if they would pay the court fee if i'd being charged. Does anyone know whether they will charge me or how about i get proof of payment on MCOL. The halifax said they would pay the fee if the had proof of the fee.

ob1peers

Hi everyone

I am really confused now.

I have received a 'General Form of Judgement or Order' , which reads as follows:

Before DISTRICT JUDGE BUTLER sitting at DerbyCounty Court, etc.

Upon the Courts own motion. The Court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, varied or stayed within 7 days of receiving it

IT IS ORDERED THAT

See attached

Dated 04 April 2007

Attached

on 04 APR 2007 the papers in this claim were considered by district Judge DD Douce who allocated the claim to the small claims track to be heard at the Moreledge Derby on 09 Jul 2007.

The following directions apply to this claim:

1) The Claimant shall within 28 days of service of this order send to the defendant and to the court:

a. A schedule setting out each charge repayment of which is sought, showing the date, amount and reason given for that charge being made.

b. Copies of any statement or other document relied upon as showing that each and every such charge has been made.

c. A statment of evidence of all matters relied upon as tending to show that the charges are irrecoverable as penalties or otherwise.

d. Copies of decided cases and other legal materials to be relied upon.

If the claimant fails to comply with this order, the claim will be struck out without further order.

The first problem is, i dont know what it means.
The second problem is that it is now the 14th of May and i not done what they are asking for above within the 28 days. Does this mean i have automatically ruined everything and lost the case because i have not done what they asked for?

I have never been sent one of these allocation questionaires, I received a notice of transfer back in April but the section referring to AQ had a line through it.

Can anyone help?

shagtasticshaz

hi there,


If you go up a couple of messages and read my post...your letter from court could be a result of you failing to send a schedule of charges for MCOL when you filed.

As i said in my post, if you dont do this at the time of filing so the schedule can be attached with the serving of the claim to the bank, the result is whats happened to you...but dont despair! You can just send the schedule now..its just going to take a bit longer though. Check where you need to send the schedule though and how many copies too.

Good luck..remember this just delays things and all is not lost


shaz

shagtasticshaz

mrkh1 wrote: »

Hi all, i have just started court proceedings against the halifax. I filled in the details and issued my claim on the 10th may. Only on the 12th i have recived a letter offering a refund, i rang the halifax saying that i would accept if they would pay the court fee if i'd being charged. Does anyone know whether they will charge me or how about i get proof of payment on MCOL. The halifax said they would pay the fee if the had proof of the fee.

If you go onto the MCOL site you can view your claim in pdf format. if you print this off it has the court fee on there aswel. If you cant do this, ring the customer helpline on MCOL site and ask for receipt of court costs.



shaz

frugalpam

Hi - hoping someone can please help.

I got a partial refund of fees from Capital One (the difference between £12 and £20 per charge). I wrote back and said that I would only accept it as a partial refund and without prejudice, but that I intended to claim the rest through Court. They've written back to say that is their final offer, and thats the end of it as far as they're concerned.

I intend to claim through MCOL but am confused over how much to claim in terms of fees and interest in view of the fact that I have had this partial offer. Hope someone can help! Am also wondering whether I should refer it to the FO instead - don't think my nerves could take another court case.

Any help much appreciated,

Pam

Edited to add: Have now found out how to word the MCOL claim so have gone ahead and filed.

Stephen_Leak

Do you have the money or just an offer?

frugalpam

Stephen_Leak wrote: »

Do you have the money or just an offer?

I got (cheque) a partial refund of fees from Capital One (the difference between £12 and £20 per charge). I wrote back and said that I would only accept it as a partial refund and without prejudice.

Pam

Cookiepops

our claim was transferred to the court as Barclays put in a defence and we got a letter from MCOL on 20 April saying it will be transferred to our local court. SInce then, we have heard nothing - does anyone know how long it will be before we get a court date ? or is there something I should have done?

Thanks

MartialArtMan

MCOL is showing status "Halted" does this mean that Barclays have put in a defence?

Susie_B_3

Think I have made big error on my MCOL. Am just filling in Judgement by default as Barclays haven't responded to my claim, the 14 days were up yesterday. Am claiming total of £540.00 on two accounts together on claim. Interest on these totalled £222.50 up to issue date on claim form, put this on particulars of claim but didn't add this onto amount to be claimed box. Is this to late to get this changed? I thought the interest would be added separately later on if it got to the stage I am at now.