Moneyclaim Online (MCOL) question

hogpog

Rex_Mundi wrote:

Try this (same version edited). Edit the parts in bold, and enter the dates as XX/XX/XXXX..................

The Claimant has an account XXXXXXXX with the Defendant, opened DATE. Since DATE 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.

thanks, it works a treat.

maybe the people who run this site could amend the wording in the template; surely i'm no the only person ot have encountered this error.

Philippa36

nicthespiv wrote:

I'm currently chasing up Halifax for my total charges and interest of £1100. I've followed the procedure outlined in Martins step by step guide and I made it all the way to making my court claim online after Howard and co refused to give me extra!

This is where my bit of advice comes in...TAKE CARE ONLINE!

Being in such a rush to fire off my court case I made a silly boo boo. On the first page of making a claim. I entered my details first, then in the box beneath where it asks for 'organisation' I entered the details for the Halifax. This area was for entering details of an organisation making a claim if not an individual. So it turned out in my haste I had entered both myself and halifax as the claimant!

The claim was served a few days ago and I was concerned to recieve a claim against myself from the Halifax.

It's entirely my fault, so do take care when filling out online.

I did exactly the same thing and only realised when the letter came from the court on the up side though, Halifax paid up not long after they got the 2nd letter from the court ~ good luck!

misskitty_4

Right everyone, I’ve given Halifax and Capital One sufficient time to respond to my requests for my charges back , they haven’t responded to any of my letters except to say they are looking into my query, so today I filed my claims for each with moneyclaim online.
What’s the timescale for things to get moving and what happens next? All I have so far is a ref no and it shows as Requested(22/01/2007)

sharmal

You will get a notice from the court telling you that they have received your claim. Also if you check on MCOL it will come as filed and what date. They have up to 28 days to file for a defence or youwin by default. If they do file a defence then you will get notification from the court saying they wish to defend the claim. then you get an AQ form you will have to fill in. If it goes this far may I suggest that you go to https://www.consumeractiongroup.co.uk/forum and you will be able to find all the advice for filling out the AQ on here and also details of all the paperwork you will need should youactually get to court.

Rex_Mundi

There is also a full guide for filling in the allocation questionnaire HERE (post #8).

misskitty_4

Thanks. what happens if it does go to court? would i have to appoint a solicitor to go with me?

Rex_Mundi

misskitty wrote:

Thanks. what happens if it does go to court? would i have to appoint a solicitor to go with me?

You wont need a solicitor. You just sit and wait to see what the bank will do next. If you claimed through MCOL, you can keep track of your claim online.

stevemb

can anyone inform me if i have to itemise the charges on my online court claim form or can i just insert the amount plus interest? thanks

Rex_Mundi

stevemb wrote:

can anyone inform me if i have to itemise the charges on my online court claim form or can i just insert the amount plus interest? thanks

You wont have room to itemise them on the online claim form. Use the wording in post number 6 of this thread for the particulars of claim. This guides you in filling out the claim as well.

stevemb

thanks for your answer.i've never used a forum like this so i wasn't sure i was getting through. Is there a help page?