Moneyclaim Online (MCOL) question

pamrollason

Hi there, I have two questions about the HMCS money claim site, that I wonder if anyone knows the answer to...

1. The site asks "Does or will your claim include any issues under the Human Rights Act 1998?" Should I answer yes or no?

2. Martin's Particulars of claim template seems to be far too long to fit in the alotted number of lines - it uses 32 whereas only 24 lines of text are allowed. I therefore need to leave out a chunk of text. Which parts are important and which can be left out?

Can Anyone advice me?

Thanks in advance.

:cool:

2hapennys

Hi
Say no to the human rights question, and this is the template i used for my MCOL, just need to fill your particulars in, and it should fit ok.


The Claimant has an account xxxxxxxx with the Defendant, opened xxxxx. Since xxxxx 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 £xxx; Interest per S.69 County Courts Act 1984 of 8% - £xxx continuing at 8% until judgment or settlement at a daily rate of £xxx; 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.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxx to xxx of £xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xx

Rex_Mundi

2hapennys wrote:

The Claimant has an account xxxxxxxx with the Defendant, opened xxxxx. Since xxxxx 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 £xxx; Interest per S.69 County Courts Act 1984 of 8% - £xxx continuing at 8% until judgment or settlement at a daily rate of £xxx; 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.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from xxxx to xxx of £xxx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £xx

Just the first paragraph is fine. The second one is just repeating what is said in the first.

pamrollason

Thanks for your quick replies

I will get busy filling it in tonight!
:j

HeadInSand_2

My claim was started off on 15th Jan, was deemed served on the 20th, the bank acknowledged the case on the 24th and got the 28 day extension from date of being served, so that's the 17th Feb, now the 19th Feb and they've still not filed a defence, when I try and start judgment it says:

You cannot request a Judgment by Default at this time.

The Defendant is allowed 14 days from the date they were served with the claim to defend or admit your claim before you can request a Judgment by Default.

If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim. If the Defendent does not file a defence or admission within the 28 days you can request a Judgment by Default.

If you have not requested judgment, the defendant may still file a defence to your claim after the 14 days or 28 days have elapsed. The claim will then be transferred to your local court for a hearing to be arranged.

Is it 28 working days or something bizarre?
(Just got in from work and quite tetchy, gotta be up at 6am to go to my main 'day' job and then work all evening tomorrow at my 2nd job again too, done this for last 3~4 months now, I am *NEVER* ever going to get another stinking 'credit' (debt) card or other poxy junk loan again, working all the time is no fun, once these are clear (and they *will* be clear) I'm going to save a nest egg and live on a strict "Want it? Save for it" policy.
PS, grrr.)

richt71

HeadInSand wrote:

My claim was started off on 15th Jan, was deemed served on the 20th, the bank acknowledged the case on the 24th and got the 28 day extension from date of being served, so that's the 17th Feb, now the 19th Feb and they've still not filed a defence, when I try and start judgment it says:

Is it 28 working days or something bizarre?
(Just got in from work and quite tetchy, gotta be up at 6am to go to my main 'day' job and then work all evening tomorrow at my 2nd job again too, done this for last 3~4 months now, I am *NEVER* ever going to get another stinking 'credit' (debt) card or other poxy junk loan again, working all the time is no fun, once these are clear (and they *will* be clear) I'm going to save a nest egg and live on a strict "Want it? Save for it" policy.
PS, grrr.)

14 days is from time served (officially recieved by them). Then they requested 28 days from that date. By my reckoning thats about 7th or 8th March. So you've got a couple of weeks to wait I'm afraid.

PaulW922

tiptoptony wrote:

it says I cannot file a judgment of default at this time??

That means that insufficient time has elapsed. try in a day or so.

PaulW922

richt71 wrote:

14 days is from time served (officially recieved by them). Then they requested 28 days from that date. By my reckoning thats about 7th or 8th March. So you've got a couple of weeks to wait I'm afraid.

Remember also that the 'date served' is deemed to be 6 days after the court posts the claim form out.

livelyred

Please can some help with my claim form,i have to fill out the forms sent from my local court as i am on benefits and im exempt from paying the fee.A couple off questions first off all what do i put in the defendant part i know its nationwide but do i have to put there head office address there too,and what is it,is it the one in swindon ? Where the value is do i have to put the amount im claiming bck or leave it blank ?In the section Particulars off claim what do i put there ? Thank you so much i am send these forms off tomorrow as the 7 days are up tomorrow.Thanks

HeadInSand_2

richt71 wrote:

14 days is from time served (officially recieved by them). Then they requested 28 days from that date. By my reckoning thats about 7th or 8th March. So you've got a couple of weeks to wait I'm afraid.

Thanks for reply but I don't agree with you, it specifically says-
"If the Defendant files an Acknowledgement of Service within 14 days of receiving the claim form, they will be entitled to 28 days from the date they were served with the claim form to file a defence or admission of your claim"

28 days from the date they were served with the claim form, which the court says was the 20th Jan (went off on 15th Jan), so in effect they are just getting a further 14 day extension, rather than another 28 days on top. So the 17th Feb should've been cutoff date.