Moneyclaim Online (MCOL) question

mishmash

Well it seems this Reclaiming is like waiting for a bus, I've heard nothing for ages, then had 4 letters in as many days.

On Monday I got 2 offer letters from Natwest for the accounts I am claiming from. The first offered me the full ammount without interest or court fees, the second letter offered minus £30 the full ammount without court fees or interest. Does anyone have a thanks but no thanks letter dealing with this?

I had done the 2 letters and phoned them in an attempt to resolve the matter prior to innitiating court proceedings, all to no avail.

Then yesterday I got Cobblers Defence, first it says they have not got a list of the charges ( their client has had it twice) it says it wants a list with reason for charge. On this site it does not give reason for charge on the spreadsheet. Do I need to do this or should I just referr them back to their client?

Cobblers go on to say they want me to identify the sections of the law I mentioned in my claim form ( I copied it from this site). They also request a CPR 18 form, I have read on here this is intimidatory as not normal practice for a fast track case of this kind. Does anyone have a copy of a letter to respond to this?

The other thing which I have not heard before is that Cobblers are saying is my case that the charges are wrongly applied if not and I am saying that the charge is wrong I should say what charge would be appropriate. I think the point about this is that they will not reveal how much the cost is to them for unarranged borrowing. Has anyone dealt with this before.

Cobblers defence is 9 points long with several sub points, it certainly would not win an award for plain English.

Should I seek legal advise ?

Rachyb_3

Hi

I sent off my Allocation Questionnaire a good few weeks ago and i havent heard anything back. Is this normal and how long do you usually wait for what i expect to be a court date or proposal?? Claim is through Lloyds TSB

Thanks

ukdrummajor

Quick question.........

I am taking someone to small claims court but before i do, would i be liable for their costs if i lose?

Its not a bank but a company i believe mis-sold me a service.

Elsie2_2

alisonjs wrote:

Thanks for your reply. It does actually say on the letter that they 'intended to defend all of the claim'.

What I lose for some reason

I've had exactly the same letter from Alliance and Leicester and i must admit to be very scared at this point although not enough to put me off. I'll go to court if i have to, but is this a ploy to get you to think youre going to have to take them to court and then they pay out at the last minute??

ob1peers

I have received a notice of issue from the court today. I am a little surprised that the court selected according to the notice is Northampton. I live in Burton which is 74 miles away. Capital One are based in Nottingham which is 65 miles.

Why would it not be in my Local Court (Burton)? Can i have this altered? If i have to go and if i win????, can i add expenses to the award?

Beate

Northampton is the default court. It will automatically go to your local court if it goes as far as giving you a court date.

ob1peers

Beate wrote: »

Northampton is the default court. It will automatically go to your local court if it goes as far as giving you a court date.

Great stuff, thanks a lot for this. I thought 70 odd miles was a bit excessive.

mackers8923

I have something which may turn out to be an issue.

I filed with the Northern Ireland Court Service my claim this morning for 2 accounts with Capital One. Stupidly I didn't read this thread before making my claim and simply followed the letter on Martin's guide to claiming charges.

I have not give any account details in the particulars of both my claims, the only thing that tells them apart is the reference which was covisa and comcard!

Is this likley to be a major issue or will it rectify its self during the process of them probably filing a defence?

niagra

hi,
hoping someone may be able to help. I am currently filling out my claim online. in the particulars bit i have entered the total charges. I have used the calculator on here to work out the interest owed aswell but where do i put this on the form? is it after the 8% bit? and what is the daily rate of £0.xx ??

return of the amounts debited of £620; 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.

thank you.
natalie

pigsmightfly

niagra wrote: »

hi,
hoping someone may be able to help. I am currently filling out my claim online. in the particulars bit i have entered the total charges. I have used the calculator on here to work out the interest owed aswell but where do i put this on the form? is it after the 8% bit? and what is the daily rate of £0.xx ??

return of the amounts debited of £620; 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.

thank you.
natalie

Hi Natalie,

You put your interest total after the 8%.

You calculate your daily interest like this:

Total charges (not including the interest) X 0.00022 which gives the daily amount so in your case

£620 x 0.00022 = 0.1364 (14p per day)