Moneyclaim Online (MCOL) question

Edinburghlass_2

This is all somewhat premature at the moment but no, if you fill in these forms you are then taking your bank to court. Neither MoneyClaim nor the courts will then be dealing with your claim. The papers will be filed against the bank and then you have to prepare a defence as will the bank, however there is no point in labouring over this at the moment.

Jamiem_2

im at the exact same stage, having filed court proceedings with MCOL friday night. when do you have to send evidence of charges etc, cos as it is, all ive done is put the total amount in with them.

pigsmightfly

Jamiem wrote:

im at the exact same stage, having filed court proceedings with MCOL friday night. when do you have to send evidence of charges etc, cos as it is, all ive done is put the total amount in with them.

Hi Jamiem,

I am at the same stage as you, filled out the form online on friday morning but I presume we just wait until we hear something before we do anything else?

sparkyspice

i've filed my claim online and abbey are defending, but they've written to me asking for details of my a/c no. and the break down of charges and interest i'm claiming ( i didnt put these in my claim as i'd already put it in the 2 letters i'd sent them). do i need to respond to their request and what else do i need to do between now and the court date? and what then?
thanks
sparkyspice

WitsEnd

The templates I have found on various sitres including this do NOT fit the space allowed on the moneyclaim site (i.e. 1080 characters or less). They do fit if I leave out the interest claiming paragraph.

This means I have to claim 6 years of charges nearly £3,000 WITHOUT interest which would be about £400. Don't see why we should let the banks of fthat just for the sake of one more sentence in the claim!!

Anyone else had this problem, or know a solution??

Edinburghlass_2

Posts 6 and 11 in this thread.

mishmash

Go through this thread Wits end, I used the templated on here, Rex-mundi gave some fab advice. I just cut and paste the ones from the threads and added my own details.

It fit fine.My case is listed with M.C.O.L and I was suprised how easy it was.

Good luck.

Mish

pigsmightfly

WitsEnd wrote:

The templates I have found on various sitres including this do NOT fit the space allowed on the moneyclaim site (i.e. 1080 characters or less). They do fit if I leave out the interest claiming paragraph.

This means I have to claim 6 years of charges nearly £3,000 WITHOUT interest which would be about £400. Don't see why we should let the banks of fthat just for the sake of one more sentence in the claim!!

Anyone else had this problem, or know a solution??

This is the one I used off this site:

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX). Since (DATE XX/XX/XXXX) the Defendant debited charges and interest in respect of purported breaches of contract.Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; The Term permitting the Defendant to levy such charges is unenforceable under the Unfair Terms in Consumer Contracts Regulations 1999, Unfair Contract Terms Act 1977 and at Common Law. Claimant claims: return of the amounts debited of £XXXX; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; Alternatively, if the charges are a fee for a service, then they must be reasonable under S.15 of the Supply of Goods and Services Act 1982. Costs allowed by the Court.

tiptoptony

Hi,

I filed my MCOL and it was aknowledged on the 18th Jan. I recieved an offer which I refused. This thursday 15th is 28 days since HSBC aknowldged, what do I do now???

PaulW922

Hi Tony - has the HSBC filed a defence or just acknowledged? If it is the latter you can file for judgment in default now. The claim form is deemed to be served six days after it is sent out by the bank. 28 days after that you can apply for judgment if no defence has been filed. It is not 28 days after the claim is acknowledged. the web site will not allow you to make such an application if the right amount of time has not passed. I'd give it a go now if I were you.

Paul