Moneyclaim Online (MCOL) question

pippamerlin

am filling out the court form on hmcs money claim online and have a couple of questions - what do i need to put where it says ...

Does or will your claim include any issues under the Human Rights Act 1998?
Yes No
and ...

Do you want to reserve the right to claim interest?
Yes No

i have added interest to my claim already but when i click yes on this it gives me the below which i have found confusing !!!

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

please can someone advise ?
many thanks
:eek:

MattM_4

Ive just tried to submit a MCOL but it didnt accept my card.....does anyone know if they take visa electron?

If so which one do i choose, because it doesnt list Visa Electron

Thanks
Matt

jelebabie

The Claimant has an account numbered xxxxxxx with the Defendant. Since 31/07/2002 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 £856; Interest per Section .69 County Courts Act 1984 of 8% - £144.58 continuing at 8% until judgment or settlement at a daily rate of £0.19; 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.


This is all I have in the Particulars of Claim box, is this acceptable?

Can someone comfirm this is OK as I don't want it thrown out of court on some stupid technicality!!!

roses

Is the claim website down? I am trying to submit a claim but I keep getting the message "Due to a technical error you cannot submit your form at this time."

Beate

pippamerlin wrote: »

am filling out the court form on hmcs money claim online and have a couple of questions - what do i need to put where it says ...

Does or will your claim include any issues under the Human Rights Act 1998?
Yes No

No

Do you want to reserve the right to claim interest?
Yes No

Yes

i have added interest to my claim already but when i click yes on this it gives me the below which i have found confusing !!!

Do you want to reserve the right to claim interest?

Since you have indicated that you wish to claim interest on the money the defendant owes you, you must include the following text in the particulars of your claim:

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from {date when the money became owed to you} to {the date you are issuing the claim} of £ {put the amount} and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of {enter the daily rate of interest}.

This is already covered in your particulars so you don't need to repeat it.

Beate

jelebabie wrote: »

The Claimant has an account numbered xxxxxxx with the Defendant. Since 31/07/2002 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 £856; Interest per Section .69 County Courts Act 1984 of 8% - £144.58 continuing at 8% until judgment or settlement at a daily rate of £0.19; 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.


This is all I have in the Particulars of Claim box, is this acceptable?

Can someone comfirm this is OK as I don't want it thrown out of court on some stupid technicality!!!

Yes it's fine.

Cookiepops

I have filed a claim against Barclays and have had the letter back from MCOL. This states the defendant has until 8 April to acknowledge the claim. the 8 April is on Easter Sunday and so the 9 April is a Bank Holiday. So, do they have until Tuesday 11 April then? Or can I do the judgement by default on Thursday 5 April? (as Fri 6 is also a BH)

Thanks

livelyred

I have just recieved a letter from the courts saying that the Nationwide are defending the claim.I have filled in the Allocation form and sending it bck tomorrow,im just getting a bit scared now incase this does go to court,will the bank pay up before the court hearing,and also Nationwide are saying on there Defence counterclaim form that they have no further sums due to me ?They have already paid me £85.27 and i still have £201.00 still due,am i worrying for nothing or is this what happens ? Thanks

Denisea

Hi, I am just about to file my claim at MCOL and I am confused over the amount I should be claiming. I am asking Abbey for £4980, but with the interest is goes over £6000. The MCOL website states in its help

Amount claimed

The amount you are claiming including any interest shown in your statement of claim.

This of course puts me over the £5000 limit and into £250 charge band. Several posts here seem to say don't include the interest.

Which is right?

saver_mum

Denisea wrote: »

Hi, I am just about to file my claim at MCOL and I am confused over the amount I should be claiming. I am asking Abbey for £4980, but with the interest is goes over £6000. The MCOL website states in its help

Amount claimed

The amount you are claiming including any interest shown in your statement of claim.

This of course puts me over the £5000 limit and into £250 charge band. Several posts here seem to say don't include the interest.

Which is right?

You can claim interest but the forum on mcol stuff have said to keep any claims under £5k for the small claims court so is the claim for 2 accounts or just 1?
If its for 2 you can split them up but if not it may be in your best intrest to keep it to the 5k
check the threads on mcol
good luck you will win!
:T