Moneyclaim Online (MCOL) question

The_Bloodster

Edinburghlass wrote: »

Post no 11 in this thread, go back to the beginning of the thread and you'll find it there.

edit to post it here for you...

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

Sorry Edinburghlass I know its been asked a 1000 or more times but I am confused as there seems to be a few different versions. The one you quote seems very short, is it a total replacement of Martin's one or is it meant just to replace a particular part?

This is Martins:

1. Between date and date the Defendant applied numerous default
charges to the Claimant’s bank account. It is understood the Defendant contends the charges were debited in accordance with its contract with the Claimant.

2. The charges applied are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in
compensation. The amount charged does not reflect the cost of the breach.

3. Under the law of penalties, the charges are an unlawful ‘extravagant’ enalty. A charge is a penalty if it does not reflect an item’s true cost.

4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money. This totals £386.13, continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.

5. The Claimant therefore asks the court to enter judgment in their favour for £ plus interest, totalling £.

Edinburghlass_2

Post 6 then?

http://forums.moneysavingexpert.com/showpost.html?p=4068764&postcount=6


I haven't a clue to be honest but read through some of the posts at the beginning of this thread.

The_Bloodster

Another question.

I am doing this on behalf of a friend and she is unemployed and has two kids at home. I believe that she won't have to pay court cousts how would this be done? Also is it a long winded way of doing it and if so am I able to pay it for her and would that caise problems?

Thanks

kev2b3

can anyone please tell me what i can and can not reclaim from the bank

1. charges for an overdraft that has not been authorised £20.00
2. charges for clearing a direct debit/standing order while overdrawn £30.00
3. charges for clearing visa payment while overdrawn £30.00
4. charges for clearing cheque while overdrawn £30.00
5.charges for unpaid direct debit £35.00

many thanks

kev

The_Bloodster

One I can help with!!

Check post 9 on this thread

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> http://forums.moneysavingexpert.com/showthread.html?t=304064

I think all of them can be reclaimed

Beate

Our claim against Capital One was issued on 5 March which means it is deemed served on 10 March. However, it was acknowledged today, 9 March, so clearly served already. Do the 28 days count from today or from tomorrow? It would drag us right up to Easter Saturday if it did, and we are flying away on Good Friday for the Easter week! I do hope they settle before. What happens if they decide to defend and the Allocation Questionnaire arrives during our absence? Is there a deadline for dealing with that?

tiff

It would mean 28 days from 10th March.

Edinburghlass_2

The_Bloodster wrote: »

Another question.

I am doing this on behalf of a friend and she is unemployed and has two kids at home. I believe that she won't have to pay court cousts how would this be done? Also is it a long winded way of doing it and if so am I able to pay it for her and would that caise problems?

Thanks

She would need to go to local court and take proof of benefits to gain exemption from the court fees and file through the local court so if you can pay it for her it would enable you to do it through MCOL.

Edinburghlass_2

Edinburghlass wrote: »

She would need to go to local court and take proof of benefits to gain exemption from the court fees and file through the local court so if you can pay it for her it would enable you to do it through MCOL.

Links about the court fees and exemptions are in the Reclaim Help Thread.

kazzadj

I'm sorry if this has been asked before.

But Natwest & Tesco have both acknowledged my claims on MCOL. I received a letter (well 1 piece of paper with not much on) from court stating bank has 28 days from acknowledgment to defend.

I'm confused as some people are suggesting acknowledged is defending or as good as.. any one know??

Will it say 'defending' or something similar if thats the case?

Thanks in advance