Moneyclaim Online (MCOL) question

kippytip

Hi.
Just discovered after sending off MCOL judgement 2 days ago that I ticked the wrong box. Where I should have said that I haven't had any communication from the bank, I said that theu admitted they owed me the monies. What should I do? Should I phone the bank and chase things up? Should I wait for correspondance or should I phone and suggest a settlement?
Thanks

Edinburghlass_2

You need to get in touch with MCOL either by email or phone them and read the FAQ.

http://www.hmcourts-service.gov.uk/cms/1051.htm

kippytip

Thankk you very much

Token_Payment

shelsbels wrote: »

hiya,was wondering if anyone could help me,ive received my statements,wrote the letter but am unsure of how to do the schedule of charges? ive wrote them like eg.. 30th jan 05-£30
would this be acceptable to send with letter? also i want to hand deliver the letter to my branch,can i do this? or would it be better to send recorded delivery?? any advice would be appreciated

shelley

Hi Shelly.

You might get a quicker answer if you selected a different forum as your question isn’t about MoneyClaim. No bother though.

Don’t forget to put the reason for the charge that appears on the statement (late payment, unpaid DD, over limit fee, etc.). Add it all up and total it and there you go. Do consider adding interest too. You can use Martin’s handy calculator. If it is on a separate page put your details on it in case it gets separated from your letter.

I would not recommend hand delivering the letter unless you are really short of cash. If you do then make them sign something to say they have received it. You can always ask if the bank has an office dealing with these claims and send it to them directly. Sending it to the branch adds more of a delay while they forward it. But the branch will do fine if this is your first claim.

I hope that helps

Ed.

7 claims and counting!

Beate

misskitty wrote: »

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.

Look at post 6 or 11 of this thread to see how it can be further tweaked.

shelsbels

thanks for replying ed,had a look on my statements it just says charges as notified??? dosent say whether it was for dd or anything? ohwell im sure halifax will work it out
many thanks again
shelley

kaybu_9

I reveived an offer of £1400 on a claim of £2206.

I wish to start court proceeding to get the full amount, but have now realised I may have made a mistake on my initial claim.
I included a charge of £27.50 (with interest, about £40). This was actualy from a date just over six years of the date of my claim.
When I fill in the MCOL, should i put a newly amended amount (ie, £2206 minus the £40)? Will this look like a flaw in my case already if I cannot even get these figures right?

Edinburghlass_2

Just put in the correct figures and it will be okay but if you have already done your interest at an earlier stage, redo it now so its up to date.

1192ROBIN

Hi , Thank you for your replies

I will keep this site posted to the outcome , especially if the bailiffs actual do attend

1192ROBIN

misskitty wrote: »

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.

Miss Kitty

I have used this with success ! you will need to delete the lines between the sentances to match the 24 line rule ..good luck with your claim

Between the dates of

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and

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the Defendant applied default charges to the Claimant’s bank account.

The charges applied constitute 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 ‘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 £

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continuing to accrue at the statutory daily rate of 0.021% until judgment. The Claimant asks the court to enter judgment in their favour for the sum of £

---

plus interest, amounting to a total of £

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