Moneyclaim Online (MCOL) question

mackers8923

Edinburghlass wrote: »

Have you checked the guide here...

http://www.courtsni.gov.uk/en-GB/Services/Small+Claims/

Yeah I had a read I also telephoned them and the short answer is that they allow an additional 14 days for a defence to be submitted.

lilili

Hi,

I filed my claim against Northern Rock on 12 Feb - they said that they were going to defend my claim.

No defence received by me so far. Am I right in thinking that their 28 days are now up?

I have tried to enter 'judgement' on the MCOL website but It tells me that I am unable to do so at the moment as the defendant has 28 days to enter their defence.

Am I going daft? Are the 28 days up? Or do they mean 28 WORKING days?

Any advice would be great!

Li

feedering

adewho wrote: »

I have just completed the online claim form at Moneyclaim. In the Particulars of Claim field I tried to use the template from the "How to Make Your Claim" section of this site but it is too long and uses characters that the Moneyclaim system will not recognise (" ').

Unfortunately I found this forum post after the event and used the following wording for my Particulars of Claim:

Between 27/10/05 and 27/02/07 the Defendant applied numerous default charges to the Claimants bank account. 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. Under the law of penalties, the charges are an unlawful penalty. A charge is a penalty if it does not reflect an items true cost. 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 £37.18, continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment. The Claimant therefore asks the court to enter judgment in their favour for £714 plus interest, totalling £751.18.

Is this okay? Please advise.

Also, perhaps it would be helpful if Martin were to add a template for suitable Particulars of Claim for Moneyclaim site in the the "How to Make Your Claim" section. The limitations of the Particulars of Claim field could also be detailed. Has this already been suggested?

Thanks for your help.

Go to https://www.consumeractiongroup.co.uk
The particulars of claim in their Library fits perfectly.

jimmyjamjar

Hi one and all

It's so good to read all your posts and get confidence from them.

Have just started the Moneyclaim procedure online and they have approved it today.

How do I know when my 14 days period starts?

cheap-n-cheerful

Lilili I think it will be 28 days on the 17th of march. You add on 5 days from starting process then they have 14 days from there, extended to 28 if the acknowledge / enter a defense. So 12 th feb add 5 = 17th feb, add 28 days = 17th march..hang on in there !!

Same to Jimmyjamjar 5 days from you starting process add on 14 more days.

esmerellda

Seems fine to me...you may have to expand on it a little after you receive the defence.

pigsmightfly

adewho wrote: »

As I said, I have already submitted the text stated in my ealier post. I my text okay. I would be grateful if someone could have a read through and advise.

Yeah that seems fine

lilili

cheap-n-cheerful wrote: »

Lilili I think it will be 28 days on the 17th of march. You add on 5 days from starting process then they have 14 days from there, extended to 28 if the acknowledge / enter a defense. So 12 th feb add 5 = 17th feb, add 28 days = 17th march..hang on in there !!

Thanks for that cheap-n-cheerful - I will wait till the 17th and see what happens, if anything!

Will let you know how I get on.
Cheers, Li

bishop_stoke

Filed with MCOL a few days ago, and have been increasingly concerned that my 'abridged' details of claim may be in some way insufficient, or even wrong. Had to remove a paragraph, so how does this look? The paragraph removed refferred to previous points of law which im sure should my case actually make it to court will be well known anyway:

Between the dates of 6th July, 2001 and
28th February 2007 the Defendant applied
numerous default charges to the Claimant?s
bank account.
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.
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 to the date of
this claim. This amounts to a total sum of
£263.83, continuing to accrue at the
statutory daily rate of 0.021% until
judgment or earlier payment.
The Claimant asks the court to
enter judgment in their favour for the sum
of £1541.00 plus interest, amounting to a total of:£xxxxxx

esmerellda

Call them before 10am