Moneyclaim Online (MCOL) question

pigginsexy

pigginsexy wrote:

Hi,

Just want some clarification really:

I issued claim against on 31/01/07 (after 7pm). (the courts deem it to be served 5 days after issue). Issued say 5/02. They acknoweldged on 08/02.

Do they 28 days start 5th Feb (when they are deemed to have been served) or is it when they acknowledged 8th Feb.

If its the 5th, the time up is this Sunday, if its 8th it is up on Tuesday.

I am itching to press Judgement button.

Also is it working days or calendar days? And because the courts are not open sat/sun, could i technically do judgement tonight say 11ish, ready for Monday. As stated above if it is 5th then they would surely have to put defence in today (which as of yet they have not).

Please, please, please say i can press that judgement button!

Anyone have any ideas. I really want to press that button!

ROSDOG

TechJinx wrote:

I decided to claim my £490 from Lloyds following the steps on this site (as I had already got an easy £980 from First Direct/HSBC)

Sent the first letter - got the reply back "we believe we are justified in taking these charges etc"

Sent the second letter and waited 3 weeks, no response.

So, went to moneyclaim.com and registered a claim.

The same day I returned home to find a later laying out that Lloyds had caved and decided to pay me the original £490 "as good will gesture etc" and would automatically be transferring me the money which has since appeared in my account. Note they did not ask me to sign anything, agree to this etc.

I wrote back to them chastising them for the tardiness of their response which had led to me to incur an extra £80 court cost and that I was now claiming statutory interest as well as per the relevant act of parliament and that had they replied when I asked this would not have been necessary. "Pay me the £119 odd difference" I stated (though not quite like that) and we'll call it quits.

They have ignored the letter and entered a defense, which I received yesterday.

Anyone else reached the stage of the bank entering a defense? I plan to fill out the questionnaire for the court and see where we go. Also where do I stand on the £490 already paid, i didn't accept it as such and it was paid as a gesture of goodwill - will this show slight liability/(guilty feeling) on their part in court, or is it a nice "gift" :beer:

Any thoughts from anyone at a similar stage, I am fully aware this is probably bluster to get me to be all scared of the bank, but I am more than willing to take this to court - that would be great fun (especially as I already have my £490 goodwill)

Sounds like Im at the same stage as you,Lloyds have also given me 'a goodwill gesture' of £620 of which they say that is the end of the matter!

They have placed the money in my account without me agreeing.

Andyc24_uk

Just tried to fill in this section using the template from the website - but apparently the information in this box has to be a maximum of 1080 characters AND 24 lines long including spaces- not enough IMHO to put down the necessary detail and definitely shorter than the text in the template. After playing with it, it is just possible to get under the 1080 word limit by cutting out certain words, deleting full stops and the line breaks between points, BUT it still comes in at 27 lines - I'm planning to delete the following

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.

As this will bring it under the word/line limit and there is already a justification for the claim in point 2... any comments/suggestions anyone?

Also wondering if this has always been the case or if Moneyclaim are trying a back-door way of discouraging people from flooding it with bank charge claims...?

Edinburghlass_2

I'll just shift you into the MCOL help thread and if you read posts 6 and 11 you can get it to fit in.

Post 11....

http://forums.moneysavingexpert.com/showpost.html?p=4079921&postcount=11

Andyc24_uk

Thanks very much - all sorted now. Post #201 is also very helpful by the way!

Beate

I am about to start MCOL as Capital One didn't deliver the goods even though they first said they would. Jittery with nerves here. Read through entire thread and just hope that particulars will fit and that I don't have to come back with more stupid questions. We are only claiming £110 so am I correct that the daily interest is 110x0,00022 = £0.024? Also, if I file today and the court allows 5 days for the claim to get to Cap1, and they acknowledge so get 28 days from then, that would take it to Good Friday if I calculated correctly. We wanted to go on holiday over Easter. Will it be a problem for any state of my claim if I can only file judgement or fill in a AQ or whatever 5 days after that?

Sedgwick

I have two claims with Barclays for two separate accounts. Theses are now at the step 5 taking to court stage.

I have two concerns about my claims.

1. When calculating the total amount, I have noticed a mistake in my calculation. (This was done in an excel spreadsheet, I missed a few rows in the formula. All the charges were listed though) Do I have to state the incorrect amount stated in my letters in the moneyclaims website or can I state the correct amount? I was thinking of just writing to the bank pointing out the error.

2. The 'PARTICULARS OF CLAIM' template has to many characters (^1080) when pasting into the section on the moneyclaim website.

Any advise on the above would be most appreciated.

Regards.

PS Great Website.

Edinburghlass_2

I'll move this into the MoneyClaim questions thread then read post 11 in that thread. Provided the amount you are claiming is accurate at this stage put the correct figure in now.

jimbob_3

Hi,

ive looked on the threads but cant find anything on this..apologies if ive missed it.

Im taking the woolwich to court for approx £1500 worth of charges.

the case was originally scheduled for northampton (local to woolwich main branch maybe??), but they have now filed a defence and it has been switched to my local court.

The letter stating this said that the woolwichs defence was enclosed (which it wasnt - what do i do about this?) and came attached with an allocation questionnaire.

It also said complete the questionnaire and ''return it,where the claim is over £1,500, the court fee of £100 to Southend County Court (sic)''

So i wondered if somebody can help with what that means and how to answer the questionnaire.

It has the following Q
A) Do i want the claim to be postponed for a month? I assume no?

b) Where i want it to be heard? happy for it to be local

C)Do i agree small claims track is most suitable? if no why?

D)Do i have any witnesses or experts? I assume no

E) Any other information? Do i just use the money claim stuff again or put in something different?

F) Fee? Unspecified - is this the £100? or a diferent amount

if anybody can help i would be grateful

thanks

Edinburghlass_2

Read the guide to the AQ in the Reclaim Help Thread, link in my signature. You'll also find the list of further court fees in there.