Moneyclaim Online (MCOL) question

SUGARSPICE

With the Particulars Of Claim:

The Claimant claims Interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from (date money became owed to you) to (date you issued the claim of (put amount).

How on earth do you work this out?

SUGARSPICE

Need someone to get back to me.The people who have been getting back to might be busy so Im wondering if anyone else knows the answer.

Im a bit confused with the Reclaim Bank Charges Help Thread where it tells you what to write in Particulars Of Claim so would the following be ok?

Im claiming £1,236 from Capital One.

This one is from Martins Template:

1.Between (insert date of first charge,which for me would be 22/10/2001) and (insert last date of charge,which for me would be 10/04/07) the defendant debited numerous charges from the Claimants account.

2.The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999,because they are a disproportionately high sum in conpensation compared to the cost of the proported breach.

3.Under the law of penalties,the charges are unlawful`extravagant`penalty.

4.Under the County Courts Act,the claimant is entitled to interest of 8% per annum from the date they were deprived of the money.This totals (insert amount of interest as calculated with the bank charges calculator,which for me would be £347.21),accuring at the daily rate of 0.27% until judgment or payment.

5.The Claimant asks the court to enter judgment in their favour for (insert total charges,which for me would be £1,236)plus interest,totaling (insert total charges plus interest,which for me would be £1,572.10).

Is this right?

This one is from the MCOL when it gives you an example:

The Claimant claims Interest under Section 69 of the County Court Act 1984 at the rate of 8% a year from (date money became owed to you,which for me would be £22/10/01) to (date you issue claim) of (put amount,but what do I put here?) 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,which for me would be 0.27)

Is this right?

Which one do you think I should put?

Many Thanks .

Beate

Date money became owed to you: Put date of first charge.Date you issued the claim: Put today's date if you issue today.To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022.

bm1_2

<TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR vAlign=top><TD>We have arrived at stage 5 and want to know whether claiming bank charges back includes any issues under the Human Rights Act 1998..

(Does or will your claim include any issues under the Human Rights Act 1998?)

We just wanted to be sure!

Any help would be much appreciated..

thanks
</TD></TR></TBODY></TABLE>

LozBingley

no, well none of mine have yet anyway

frugalpam

bm1 wrote: »

<TABLE cellSpacing=0 cellPadding=0 border=0><TBODY><TR vAlign=top><TD>We have arrived at stage 5 and want to know whether claiming bank charges back includes any issues under the Human Rights Act 1998..

(Does or will your claim include any issues under the Human Rights Act 1998?)

We just wanted to be sure!

Any help would be much appreciated..

thanks

</TD></TR></TBODY></TABLE>

Just answer 'no' to that one!

Pam

SUGARSPICE

Beaute Thank you so much for getting back to me.

Do you mean I should put the second one of Particulars Of Claim from the MCOL?

This one:

The Claimant claims Interest under Section 69 of the County Court Act 1984 at the rate of 8% a year from (date money became owed to you,which for me would be £22/10/01) to (date you issue claim) of (put amount,but what do I put here?) 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,which for me would be 0.27)

But what do I put in the part where its underlined?

of (put amount) ?.

Do I have to work out the daily interest of 0.27 x how many days have past from last date charged to date I filed claim & put this as the amount?

Many Thanks.

Beate

SUGARSPICE wrote: »

Beaute Thank you so much for getting back to me.

Do you mean I should put the second one of Particulars Of Claim from the MCOL?

This one:

The Claimant claims Interest under Section 69 of the County Court Act 1984 at the rate of 8% a year from (date money became owed to you,which for me would be £22/10/01) to (date you issue claim) of (put amount,but what do I put here?) 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,which for me would be 0.27)

But what do I put in the part where its underlined?

of (put amount) ?.

Do I have to work out the daily interest of 0.27 x how many days have past from last date charged to date I filed claim & put this as the amount?

Many Thanks.

You put the amount of interest obviously, which you have calculated with Martin's interest calculator by in putting each individual charge amount and date. And no, you do not have to work out the daily interest, just write down the rate which you have already worked out.

Sugarspice, it has been suggested in another thread that you are reclaiming in Scotland. If you are, and have no address in England, you cannot use MCOL, but have to use your local sheriff court. Just asking just in case.

Ernest

Hi,

A friend has got his court date through (in 3 weeks) But he has not recieved his AQ. Is this normal? If not, what is his next course of action.

Thanks in advance

Steve

Beate

AQ are more and more dispensed with, and you would get a letter from the court telling you this.

Tell him to prepare his court bundle, which basically consists of his charges + interest and any correspondence between him and the bank, as well as some legal documents. You will find more info on this forum if you search for "Court bundle".