Moneyclaim Online (MCOL) question

tub_2

Thanks for that. I will keep you posted. I used a shortened version of the particulars of claim so I hope it will be OK.

Regards
Tub

Twinkly

tub wrote: »

.....I just need to feel confident when I go into court. I am not expecting the bank to settle....

Take a look at here at one womans experience in court.
Top thanks to OP showmethemoney! for her post.

http://forums.moneysavingexpert.com/showthread.html?t=393532

Hope it gives you a bit of confidence its pretty inspiring. Good luck

tub_2

I just read it and printed it off. Thank you. I will keep you all posted!
Thanks
Tub

esmerellda

tub wrote: »

Thanks for that. I will keep you posted. I used a shortened version of the particulars of claim so I hope it will be OK.

Regards
Tub

fancy typing it out so we can make sure ? (take out your a/c number)

tub_2

Good Idea, here goes:

The Claimant has an account xxxxxxxx with the Defendant. Between 31/01/01 and 01/12/06 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 £3878.00; Interest per S.69 County Courts Act 1984 of 8% - £1143.48 continuing at 8% until judgment or settlement at a daily rate of £0021% 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.
The claimant asks for a judgment in their favour for £3878.00 plus interest

What do you think? I left off the bit about the The charges being unlawful extravagant penalties.

Thanks for your help

hedgey_baby

I filed a claim via moneyclaim.gov and the response I have just received is that they intend to defend my claim in total. Can anyone give me advice as to the possible outcome or what I should do next?
Many thanks!

tub_2

Hi all, I filed with moneyclaim and altered the particulars to these. Are they still OK?

The Claimant has an account xxxxxxxx with the Defendant. Between 31/01/01 and 01/12/06 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 £xxxx; Interest per S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgment or settlement at a daily rate of £0021% 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.
The claimant asks for a judgment in their favour for £xxxxx plus interest

What do you think? I left off the bit about the The charges being unlawful extravagant penalties.

Thanks for your help

tub_2

I shortened the particulars with money claim, are they ok?

---

Hi all, I filed with moneyclaim and altered the particulars to these. Are they still OK?

The Claimant has an account xxxxxxxx with the Defendant. Between 31/01/01 and 01/12/06 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 £xxxx; Interest per S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgment or settlement at a daily rate of £0021% 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.
The claimant asks for a judgment in their favour for £xxxxx plus interest

What do you think? I left off the bit about the The charges being unlawful extravagant penalties.

Thanks for your help

Queendeagle

Beate.. I dont understand?

Acknowledgment date was 28th February. When can I enter judgement by default? I havent received anything from nationwide or the courts since I got the paperwork saying they acknowledged.

Help Im confused.

Thanks

Edited to add: Just checked my account and they have settled out of court with £732.23 the full amount.

Edinburghlass_2

hedgey_baby wrote: »

I filed a claim via moneyclaim.gov and the response I have just received is that they intend to defend my claim in total. Can anyone give me advice as to the possible outcome or what I should do next?
Many thanks!

You have to just wait now and see if you are sent an Allocation Questionnaire, there is a guide to this in the Reclaim Help Thread, linked in my signature.

The bank's solicitor may also write asking for details of your claim. Although they already have this, if they do ask for it just send or fax your list of charges to them.

And of course they may also just pay up even though they have said they will defend. As you have gone as far as filing your claim at court any offer they make now must include your court costs and interest.