Moneyclaim Online (MCOL) question

DSMilsom

Hello all,

I've put my claim in to HSBC yesterday and it had been accepted. I've got a new column now on the website called Judgment and I have two options:

The defendant has not filed an admission or defence to my claim
(Judgment by Default)

You will need to decide, how and when you want the defendant to pay. You can ask for the Judgment to be paid by instalment or in one payment.

or

The defendant admits that all the money is owed
(Judgment by Admission)

If the defendant has given a new address on the form of admission to which correspondence should be sent, update the defendant's details within the following Judgment request.

Which one should I tick <if any>?

Thanks < sorry for being so dumb! >

esmerellda

Click nothing yet - it wont let you anyway

You now have 14 days to wait for the bank to acknowledge the claim, whch then extends to 28 days for the bank to enter a defence.

If they dont meet those timescales you can consider asking for default judgement.

esmerellda

lulu72 wrote: »

I have seen in a few threads that they have changed the wording quite alot for "particulars of claim" . I have fitted all in but have got 2 many lines i am worried if i use another template from member that it wont stand up if came to court PLEASE HELP i am dying to claim this is for my partner as he is claiming "£6370.00 WITH INTEREST £7658.84.
thanx

For a fast track claim I would highly HIGHLY recommend you stop the MCOL and do it manually using the N1 form - you can download it from https://www.hmcs.gov.uk

There are a good set of particulars of claim and how to complete the form on https://www.consumeractiongroup.co.uk ( Its free to register and the particulars of claim are in the bank templates library)

You can fit everything you need to on that form and include your list of charges with it from the off which negates a lot of future problems you may come up against (lack of particulars/strike out threats etc).

DSMilsom

Thank you esmerellda.

I see so many of your posts on here helping everyone out. You should charge and you'll minted!

esmerellda

pmsl thanks DSM.....just get your claim right and win and thats enough for me

lulu72_2

thanx i have fitted it in now although done the claim havent filed yet as have to pay 250.00 . why do u highly reccomend the other form as surley its easier online thanx

esmerellda

recommend the N1 as

1) the bank won't be able as much to yell embarrassed or lack of particulars
2) you can send in your schedule of charges with it
3) when claiming anything other than an under 5k standard claim I would use it.
4) It looks more serious when it is served on the bank.

If you want to use MCOL post you particulars up here first so we can check them over.

esmerellda

What is fast track ?

Okay your claim is over £5000. This means it is too large for small claims - the next stage is fast track.

I will get a couple of links for you to read.

Bascially the banks are more scared of fast track, there is a little more work involved with standard disclosure (which the banks are terrified of ) but if you !!!! up and lose then you risk having costs awarded against you - usually limited to £750 tho its up to the judge.

Conversely you are entitled to reclaim your costs too. £9.25 per hour is the rate for litigant in person...plsu stationery etc. KEEP A DIARY.

I'll get those links.

esmerellda

http://www.dca.gov.uk/civil/procrules_fin/contents/parts/part28.htm

http://www.dca.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part28.htm

Read those carefully before clicking submit on MCOL. Any questions ask.

JAnimalR

JAnimalR wrote: »

Hi,
Today was the 14 days deadline for Woolwich / Barclays to acknowledge our claim which we lodged with MCOL.
As yet, we have heard nothing, but are half expecting a letter tomorrow morning, as it sounds like they reply on the last possible day ... GRRRR !!! :mad:
My question is, how long do you think I should leave it before proceeding? If I hear nothing tomorrow, should I put a judgement in (and also, am I right in thinking that I have to cough out another £100 in addition to the £120 I have already shelled out?). Should I assume that they will post the ackowledgment by 1st class post today do you think???
Any advice / past expereriences are v. welcome!!!

Thanks!

Oh well, I kind of answered my own question here, as I just checked on MCOL now, and Woolwich/Barclays have TODAY ackowledged, so they'll now have another 14 days to concoct their excuses!!!
Bother ... court here we come I reckon ... ?!