Moneyclaim Online (MCOL) question

Rex_Mundi

Are you using the version in post #6 of this thread? This has worked fine for plenty of other members.

EvilEdna_2

Hi mo

I got my particulars from
http://www.consumeractiongroup.com
you have to join, but it's in the templates section.

sparklyowl_2

Rex_Mundi wrote:

Don't select any of them. You only need them if the bank doesn't respond. Keep your eye on the claim, you can see how your case is proceeding.

Hi im at the same point, im not sure what to do next can anyone help, i did the money claim thing on 28th dec and recieved a letter from the court saying it would deemed to be served on 2nd jan, on 12th dec the bank acknowledged my claim,but so far thats all they have done.if i am right there 28 days is up today so can anyone tell me what to do now

sparklyowl_2

hi can anyone help?
money claim sent me a letter saying the papers were deemed to be served to barclays on 2nd jan, then on 12thjan barclays acknowledged my claim stying they would defend all of this claim,so they then have 28 days to put a defense in,i thought that was today so i went on the moneyclaim to site i was going to go to judgement by default option but it says i cant yet anyone know why?

Rex_Mundi

sparklyowl wrote:

Hi im at the same point, im not sure what to do next can anyone help, i did the money claim thing on 28th dec and recieved a letter from the court saying it would deemed to be served on 2nd jan, on 12th dec the bank acknowledged my claim,but so far thats all they have done.if i am right there 28 days is up today so can anyone tell me what to do now

You need to sit and wait for the court to get in touch. Once they receive the banks defence, they will send you out an allocation questionnaire, and tell you what county court your case is transfered to. There is nothing you can do at the moment but wait to hear from the court.

Fill_7

your a legend rex!

your continued help is much appreciated.

karlUK_2

Hi,
I've received a response to my LBA from Cap1. They still would not pay out despite my 'without prejudice' offer of a 20% discount.
So now I'm planning to file my claim with MCOL.

I'm going to use Rex_Mundi's template that appears earlier in this thread.
I never, in either my Prelim or LBA mentioned that I would claim for interest - so I guess I leave the interest (8%, Court Act 1984 etc) out.
I did tell Cap1 that I required the default notice they placed on my account to be removed.

This is what I think my particulars of claim should look like:

The Claimant has an account XXXXXXXX with the Defendant, opened DATE.
Since DATE 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; Removal of Default Notice from Claimant's Credit Record; 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.

Will this do the job?

Thanks

Rex_Mundi

karlUK wrote:

I'm going to use Rex_Mundi's template that appears earlier in this thread.
I never, in either my Prelim or LBA mentioned that I would claim for interest - so I guess I leave the interest (8%, Court Act 1984 etc) out.
I did tell Cap1 that I required the default notice they placed on my account to be removed.

Although you haven't mentioned the interest in any of your letters, I would add this if I was you.

This interest is allowed for any claims in the county court (like you are just about to proceed to). This is statutory interest (s69 County Court Act). Even though you never gave notice of claiming this (you didn't have to), this interest cannot be challenged by the bank once you issue your court claim.

For this reason, I would use the full particulars of claim in post #6 of this thread, and claim for charges+interest+court fee.

karlUK_2

Thanks for your reply.

Does that mean I've got to work out the interest etc by using the calculator found on this page: http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,#interest

Thanks again

Rex_Mundi

karlUK wrote:

Thanks for your reply.

Does that mean I've got to work out the interest etc by using the calculator found on this page: http://www.moneysavingexpert.com/cgi-bin/viewnews.cgi?newsid1141050760,24632,#interest

Yes, enter each charge, then print out a couple of copies (I would print out three copies) of the result at the end. It may take a bit of time, but will be worth it for your pocket.