Moneyclaim Online (MCOL) question

Beate

Martin's template is way too long.Try this, it is also in post 6 and 11 of the MCOL Thread:

The Claimant has an account xxx with the Defendant. Since xxx the Defendant debited charges and interest in respect of purported breaches of contract. Defendant is aware of all details as a list of charges has already been supplied. Claimant contends: The charges exceed the Defendant's losses caused by the breaches; 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. Claimant claims: return of the amounts debited of £xxx; Interest per S.69 County Courts Act 1984 of 8% - £xx continuing at 8% until judgment or settlement at a daily rate of £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.

elliott1982

thanks,ill try it and see where it gets me

alan192

When I completed mine I did use Martin's particulars I completely removed point 5, I also removed all punctuation except these two '.' and made sure after each point no space is left and it accepted it with one slight mistake for each apostrophe ' it replaced it with a ? having spoken to the MCOL helpline they said it will look odd but won't affect the claim...

elliott1982

cheers,thanx for the advice,the thread from beata has worked.
wish me luck!!!!!!!!:D

kazzadj

Can someone answer my simple qu?

I'm sorry if its been asked time again but cant seem to fin the answer.

On MCOL it states issued 13th March. What am I waiting for??? If it stays like that for 14 days can i win by default? And if it changes to acknowledged.. how long after until they can submit defence??

Thanks

Beate

It is 19 days as they are allowed an extra 5 days for the claim deemed to be served to the bank. If they don't react you can enter judgment by default after 19 days from when your claim was issued. If they acknowledge they get another 14 days on top. If they decide to defend you will have to fill in an Allocation Questionnaire. But that doesn't mean they will go to court, just that you can't enter judgment online anymore.

kazzadj

Ok, so i wait for it to say 'acknowledged'?? Thanks so much for your response.

James21_2

Posted claim on mcol on 14/3 for halifax 324.00 and 20.00 interest plus the 50.00 fee so thats like 394.00. But today recieved a letter saying they would pay up 324.00 should i just ignore it as you can not get the 50.00 fee back off mcol unless u win? So should i just wait and hope i win by default.

also this waiting 14+5days is this working days or includes saturday and sunday?

Beate

It includes the weekend. It's up to you whether you accept this offer.

If you do not want to take it you could write something like this:

I cannot accept your offer of £324 as full and final settlement of my claim. I will accept this as part payment and without prejudice, but will continue my claim for the balance. I have made a reasonable effort to settle this claim before issuing a court claim, but you ignored my efforts to settle this. Seeing as I have now had to issue a court claim because of your failure to deal with my claim in a timely way, I will now settle only for the full amount of charges+statutory interest+court fee.

James21_2

thnx wel i would accept but its not like you can cancel the claim now?