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Moneyclaim Online (MCOL) question
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JIMBOB'S_MUM wrote: »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
You cannot add a schedule of charges to the moneyclaim process, and I haven't sent anything in the post either to court or bank and still won against Capital One. If if goes to court, they will ask you for all the information then.
Your particulars of claim could however be a worry as they are a bit weak and the daily rate of interest is incorrect. To work out the daily interest, multiply the amount of your claim (charges only, not including interest) by .00022.
You can still amend your claim but it will cost you £35. Ring the court.
For timings on MCOL please read my post in the Reclaim Bank Charges Help Thread (scroll right down to post 13): http://forums.moneysavingexpert.com/showthread.html?t=400981Reclaimed thanks to this site:
£175 Abbey Mortgage Repayment Fee, £170.03 Capital One Bank Charges £418.07 Lloyds TSB Bank Charges, £2,671.55 Mis-sold Endowment Policy, all for OH0 -
Urgent Help Please!!!
I started my case against Lloyds tsb for £3777, after letters backwards and forwards they decided to offer me a goodwill gesture of £750.00 which they paid within 2 days into my account.
I replied with a letter stating that i would only accept this as part payment and if the outstanding amount was not paid into my account within 14days then i would commence court proccedings.
What i need to know is this:
I had my Particulars of Claim details sorted which i saved online until they decided to pay this money into my account.
How do i now fill the details out on MCOL baring in mind they have paid me 750.00 so they owe me £3027 plus the interest.
Also what do i put in the amount box i am claiming for.
I dont want to cockup the claim by a simple little thing like the wrong amount or incorrect particulars of claim
Step by step advice would be much appreciated as i am a bit thick when it comes to things like this
Many thanks in advance
simon0 -
You'll find the two versions of the POC, the shortened one is for use on MCOL, in the Reclaim Help Thread which is linked in my signature.
You'll need to re-do your list of charges using the Interest Calculator taking into account the refund you have received. The most advantageous way to do this is to take off the more recent charges amounting to the refund.0 -
I filed for judgement yesterday as Shop Direct Financial Services had acknowledged but not defended within 28 days.
What happens now? How long will it be until I get my money?
Does anyone know? Thanks0 -
shagtasticshaz wrote: »Hi all,
I'm still a relative newbie at all this but have discovered something when claiming my charges from mbna credit card via MCOL. I've also seen this queried in this post albeit at the beginning of the thread.
Someone had already posted about proceding with caution when filling in the online forms as they put themselves as the claimant AND the defendant (easy mistake to make) but my advise is regarding sending a schedule of charges to the court to be filed with your claim. Basically on MCOL you can only include 1080 characters in the text and you cannot attach a schedule of charges to be served with the court papers..however, unless your schedule of charges is served with the claim you will encounter more problems later on (which i have read in this thread). So basically my advise is make sure you post 2 copies of your schedule of charges with a covering letter asking for a schedule to be served with your claim, the day you start you MCOL claim. (the claim is served 5 days after starting the MCOL process). I will c & p the template below which includes the address
The Court Manager,
Money Claim On Line
Northampton County Court
21-27 St. Katharine's Street
Northampton
NN1 2LH
Dear Sir/Madam
(your name) –v- (defendant)
Claim No: xxxxxxx
Date Issued: xxxxxxx
Please find enclosed a schedule of penalty charges taken from me by the defendant, along with interest claimed at the annual rate of 8% pursuant to section 69 of the County Court Act. The interest in addition to the amount in charges equates to the total amount of my claim, namely £xxxxxx
I respectfully request that the enclosed schedule should be attached to the particulars of my claim.
Yours sincerely
..........
shaz
Hi - is it possible to send a detailed schedule of charges to moneyclaim AFTER the claim has been acnowledged?!?! I too was a bit doubtful as to the impact of the 1000 odd word limit on the moneyclaim POC.
Will the court accept a detailed POC after the claim is acknowledged OR should I just wait until they decide to defend or something - I dont know what to do. help!!
(If I send court a detailed POC now -should I send Natwest a copy too?99point99 - Resurrecting the bank charges case. .
Halifax - £428.43 Natwest - £2853
Barclaycard - £647 Barclaycard PPI £331 Lastminute.com £110
Ludlow Thomson £1300 -
Edinburghlass wrote: »You'll find the two versions of the POC, the shortened one is for use on MCOL, in the Reclaim Help Thread which is linked in my signature.
You'll need to re-do your list of charges using the Interest Calculator taking into account the refund you have received. The most advantageous way to do this is to take off the more recent charges amounting to the refund.
I have claimed ( MCOL)using Martin's calculator + interest . Nat west are defending and I now need to be reallyaccurate
A) I cannot see how to insert the " reason or description " of the charge in the templateI have used the calculator for interest of 8% Fine. Can I and how do I charge interest on top from the day I started the claim eg 1 st letter with total claim Is this total x .00002 x days since first letter
0 -
If you have now filed at MCOL and haven't had a goodwill gesture there is no need to re-do your charges and you don't add on interest to the top, the calculator has already worked this out for you, you don't get this twice.
If you have printed out your list, put the description of each charge at the side of the charge.0 -
I Have Sent All My Letters To Natwest And Had No Reply Whatsoever.
I Have Just Logged Into The Moneyclaim Online Site And I'm A Bit Confused What To Put In The Particulars Of Claim Box.
Does My Claim Include Any Issues Under The Human Rights Act 1998 And Do I Want To Reserve The Right To Claim Interest?
Also, What Is The Cost Of This Service.
I Entered The Amount I Am Reclaiming And It Recalculated At £80 Is This Right For £734?
I'm So Confused About All Of This Now It Has Got To This Stage, I'm Not Sure I'm Doing The Right Thing Anymore.
I've Read A Few Threads That Mention Having Spreadsheets Ready For If You Go To Court, I Have No Spreadsheets, Just My Bank Statements And A List Of Charges.
Should I Give Up?0 -
Sorry for being blunt, but possibly you should.
It gets harder, it doesn't get easier.
On the other hand you will get a lot of support.
What youa re going to have to do though is some reading. The reason it is so confusing for you is because it is apparent you haven't done any reading up before doing what you need to do.
For example the N1 form on the MCOL website. There are numerous guides including one on this site on how to fill it out.
You'll be amazed how beneficial a couple of hours of reading will be for you.
But to answer the questions you asked...
Human Rights = No
Right to claim interest = yes
£80 = yes
Read Martin's article on the main site and it will give you what you need to write for your particulars of claim (POC).
If you have a spreadsheet program on your computer (Excel, MS Works, Open Office etc) if not you can use the free spreadsheets that can be accessed from Google's site. The spreadsheet will help you to format your list of charges as well as working out interest etc.
The claim value you need to fill in is Claimed Charges + 8% interest + Court Costs.
The 8% interest is not 8% of the £734 you are claiming. It is 8% on each charge per day from the day it was charged to the date of yout court claim.Hamsters have no tact and diplomacy, nor do they want any.0 -
Thanks for that, just flew into a blind panic for a while there.
Won't the printout i made from working out my interest charges be sufficient, or do i really need the spreadsheet?
It's the one i sent to the bank with all the details of the charges on.0
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