Moneyclaim Online (MCOL) question

James21_2

posted on moneyclaim yesterday it now says judgement by default or by admission which do i choose

esmerellda

Nothing yet You can press it but it wont do anything till at least 14 days hae passed (they have 14 days to acknowledge, then if they do that it extends to 28 days to defend the claim - if they dont you will be able to request judgement by default

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but dont leap on the button...have a good read about first)

nickmack

James21 wrote: »

posted on moneyclaim yesterday it now says judgement by default or by admission which do i choose

When the time is up and the bank have not defended, you choose Judgement by Default. It won't let you select this before time.

The judgement by admission is when the defendant has admitted the debt. Something banks are very unlikely to do!!

style

Hi, this is my first post and I'm hoping I might get some advice from one of you wise owls!!

I'm just about to File a claim with MCOL against abbey for £4800 over the last 4 years.

However, Abbey offered and paid in to my account £1000 as a goodwill gesture, which I wrote back saying I did not accept it as final payment and they could remove it from my account if that was the case, I did say however that I would accept it as part payment and would take them to court to reclaim the rest.

That letter was 12 days ago, my deadline was 7 days, the money is still in my account and I've heard nothing.

So what do I put in my 'Particulars Of Claim'? Do I use the normal template and ask for the whole amount + interest, even though i have a grand of their money sat in my account?

HELP!!!

misskitty_4

Please someone help! I'm on 27 lines and it will only allow 24..is tehre anoything on this text i can take out?
1.The Claimant had an account 4627854007701209 with the Defendant, opened 2003.2.Since 28/05/2003 the Defendant debited charges and interest in respect of purported breaches of contract.3.Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent.4.Claimant contends:(a)The charges exceed the Defendant's losses caused by the breaches;(b)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. 5.Claimant claims:(a)return of the amounts debited of £140.00;(b)Interest per S.69 County Courts Act 1984 of 8%-£34.44 continuing at 8% until judgment or settlement at a daily rate of £0.031.6. 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 1982.7.The Claimant therefore asks the court to enter judgment in their favour for the sum of £140.00 plus interest, amounting to a total of £174.44.8.Costs allowed by the Court.

Edinburghlass_2

style wrote: »

Hi, this is my first post and I'm hoping I might get some advice from one of you wise owls!!

I'm just about to File a claim with MCOL against abbey for £4800 over the last 4 years.

However, Abbey offered and paid in to my account £1000 as a goodwill gesture, which I wrote back saying I did not accept it as final payment and they could remove it from my account if that was the case, I did say however that I would accept it as part payment and would take them to court to reclaim the rest.

That letter was 12 days ago, my deadline was 7 days, the money is still in my account and I've heard nothing.

So what do I put in my 'Particulars Of Claim'? Do I use the normal template and ask for the whole amount + interest, even though i have a grand of their money sat in my account?

HELP!!!

You need to alter your claim to take into account the £1000 and of course the interest.

style

Edinburghlass wrote: »

You need to alter your claim to take into account the £1000 and of course the interest.

My worry is that they will take back the £1000 once I issue the court summons which will then leave me £1000 short.

style

Hi everyone,

I'm confused!

Filling in my MCOL claim and in total my claim comes to £5543 (£4805 in fees, £738.48 interest)

Now I've read all over the place that the claim must be under 5k, before interest, for the small claims court and that court fees go up to £120.

But my total to be claimed is £4805 + 738.42 interest which totals £5543,00which means £250 court fees, even though my total before interest is £4805.

MCOL says to put in your total claimed plus interest in the 'Amount Claimed' box.

Does this mean I wont been seen in a small claims court, £250 in court fees is more than I've seen anyone else talk about, but my total before interets is under 5k! Can anyone help?

esmerellda

File using the N1 form - leave the section 69 interest out of the total claimed box - it should not be included for allocation purposes, and I believe as it is a variable you don't need include it in the totals box on the N1 form for costs purposes either.

Moneyclaim - you're stuck with it IMO.

matt_Sth

Just a question directed at 'arabellasmummy' really or anyone else that may have had the same problem or knows about it.

You said in one of your posts 'We have issued our second claim against Barclays (our first was struck out as we didn't put sufficient info in the Particulars section). '

I think I may have this same problem as didnt put much info in 'particulars of claim', when will this get struck out? Do MCOL throw it out or do the bank refuse it?

Thanks