Moneyclaim Online (MCOL) question

cazcl

Can any one help here? 10/5/2007 time up for my HSBC claim. Went online and filled in Judgement by Default - accepted. 14/5/2007 received letter Notice of Judgment Rejected. Contacted MCOL they told me there was a glitch with the system 10/5/2007 and emailed me a N225 (just the same as online judgment). I filled it in straight away and emailed back to MCOL. Today 16/5/2007 received Notice of Transfer of Proceedings (my local court) this is dated 4/5/2007 yet only dated 14/5/2007 from Northampton. MCOL have admitted that my Judgment was up on 10/5/2007 and but for the glitch my judgment would have been accepted. I am now waiting to hear what MCOL customer service has to say.

Sorry to be long winded but has anyone advise/comments?

rugbygirl_3

ob1peers wrote: »

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?

i have had nearly the same but mine says upon perusal of the court file iam as confused as you as i dont have any court directions neither any one help please

bluebubble30

I am claiming for my sole account/joint account and on behalf of my partner his sole account. Ive always claimed on all three accounts on correspondence but when I went to fill in the MCOL I cant seem to put my other half in as a claimant aswell.

Should I just put myself and then get him to sign the schedule of charges etc when I need to send any further info to the courts??

bluebubble30

One more thing, they have already refunded us £580 to our different accounts, I sent a letter stating that I will accept as part payment but will proceed to go to court for the rest.

Do I just give the details of the amount left or go ahead and still claim for the whole amount of £2800??

tarable

Hi everyone,

I am claiming against Royal Bank of Scotland but am living in Northern Ireland and would therefore need to go through the online smaill claims court here. They ask you to put the start date of the claim so do I put the date I file or the date when the first charge happened?

Thank you for your help in advance!

decipher78

just a quick one here guys on the particular claim bit of MCOL do i put "has a bank account" or "had a bank account" as i closed the bank account a little while ago

Just want to get the correct wording

Beate

Well it's obvious that if the account is closed the correct wording is "had".

Beate

bluebubble30 wrote: »

One more thing, they have already refunded us £580 to our different accounts, I sent a letter stating that I will accept as part payment but will proceed to go to court for the rest.

Do I just give the details of the amount left or go ahead and still claim for the whole amount of £2800??

You can't claim for something that has been refunded already so claim for the amount left!

JIMBOB'S_MUM

Hi

I am claimimg almost £1600 on behalf on my son. After sending out all the standard letters I claimed through MCOL on Monday 14th May. Only after I'd done that did I read a lot of the threads, and now wish I read them first because I think I have made a total mess of it!!!

Firstly, in the Particulars of Claim I only wrote that ''I wish to reclaim bank charges levied against my account, which I believe to be disproportinate, unfair and illegal' and then completed the pro-forma interest claims bit which popped up '' the claimant claims interest under section 69 of the the County Courts Act 1984 at the rate of 8% a year from 19/9/01 to 13/5/07 of £245.99 and also interest at the same rate up the date of judgement or earlier payment at a daily rate of 8% '' Having read some of the threads I think the 'daily rate of 8%' is incorrect and also I have not added the schedule of charges, nor have I sent anything in the post to either the court or the bank which other posts would seem to indicate that I should do. I thought this would be a simple process, but having spent the best part of the last 3 days reading loads of threads here and 'moneysavingexpert' my head is spinning. Could someone please tell me have I totally messed up the case (will be gutted if I have as my son needs this money badly) or how to fix, what my next steps should be.

Also, in the unlikely event that LTSB don't do anything, on what date can I apply for a judgement? Any help would be gratefully received

iceliquid

tarable wrote: »

Hi everyone,

I am claiming against Royal Bank of Scotland but am living in Northern Ireland and would therefore need to go through the online smaill claims court here. They ask you to put the start date of the claim so do I put the date I file or the date when the first charge happened?

Thank you for your help in advance!

Hi,

I've done it through NI courts online.

I put the starting date....as the date when I first sent my first letter to the bank asking for the charges/money back.

Another tip when you register your case online with NI COURTS your case will be returned for query.

They will post you out a letter saying that you reside in N.I and the bank is in Scotland. They will go onto say that you can still apply to the English/Scottish courts, but if you really want to they can process it through the Northern Ireland courts........so you have to fill in form which they post to you and you send it back to the courts admin section in Chichester street belfast.

Its a confusing letter, but you just sign and date the form and that will get the ball rolling.