Moneyclaim Online (MCOL) question

Taffyfella

Here is my particular of claim submitted last night on MCOL as follows:

1. The Claimant has an account xxxxxx with the Defendant, opened May 2000 2. Since 01/02/03 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 £XXXX; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgment or settlement at a daily rate of £0.29; 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. Costs allowed by the Court.

How is that Esmerellda?

Do I send of the schedule of charges to Northampton Court to back this up?

Thanks in advance

Taff

jimmyjamjar

Hi there - I have filed my claim using money claim online and it now says:

Acknowledged

The Defendant is allowed a total of 28 days from the date from when they are served with the claim to reply.

Does this mean the bank has entered a defense and that I now have to wait 28 days?

Queendeagle

The banks acknoledged my claim on the 28th Feb. So does that mean on the 28th March I can select claim by defualt?

lisaf

Hi, I've filed my first mcol today (previously been into court) but I'm confused as to when you have to send the spreadsheets to Northampton court.
Any help greatly appreciated
Lisa

alisonjs

In the same predicament and wondering what happens now and frightened I'm going to lose my claim

The MCOL site says 'Acknowledged' with a date underneath it. Is that date the date the claim was acknowleged, or the date the claim was served? I'm trying to work out when the 28days are up. Can you help?

The date under 'Acknowledged' is 5th March.

Beate

It doesnt' matter much when they acknowledged it. You count 5 days from date issued + 14 days if they don't acknowledge it and 28 days if they do sometime before the first 2 weeks are up. So in your case that would be on 7 April. But acknowledged is not defend! If they don't defend you can enter judgement by default. You probably won't be able to do this before 10 April though due to Easter. But even if they decide to defend they mostly don't bother and cave in before it goes to court so there is no reason to be frightened.

alisonjs

Oh Beate - I hope you're right. I really really could do with this money.

jimmyjamjar

Beate wrote: »

It doesnt' matter much when they acknowledged it. You count 5 days from date issued + 14 days if they don't acknowledge it and 28 days if they do sometime before the first 2 weeks are up. So in your case that would be on 7 April. But acknowledged is not defend! If they don't defend you can enter judgement by default. You probably won't be able to do this before 10 April though due to Easter. But even if they decide to defend they mostly don't bother and cave in before it goes to court so there is no reason to be frightened.

Thanks Beate -= that answers my question too!

tub_2

Hi all, I have filed a claim (moneyclaim) and the bank has acknowledged which gives them 28 days to file a defence. Does anyone know if there is any info which can help. I just need to feel confident when I go into court. I am not expecting the bank to settle. They didn't even acknowledge my third letter with an offer in. (First Direct.)

Thanks for your help.

Tub:j

esmerellda

Don't worry - First Direct won't go to court

So long as you used the correct template for moneyclaim you will be fine.