Moneyclaim Online (MCOL) question

James21_2

LaineyH wrote: »

The Halifax have 28 days from when the claim was served this is 5 days from when the claim is deemed issued, you should have received court papers telling you the specific dates of these.

If they do not defend after 28 days you ask for judgement.
If they do defend the court will send the allocation papers to you for completion.

so 22/3/07 is that +28 working days?

LaineyH

If 22/03/07 is the date your claim was served then they have till 19/04/07 to put in defence its 28 days not working days ( although if it fell on a weekend the courts give them till the monday)

James21_2

ah i see great stuff 19 is a thursday...day after i get paid

Beate

We got a strange letter back from Capital One today.

" Dear blabla. I write in connection to the above court claim. I have now had the opportunity to investigate your claim of £170.03. It is denied that these fees are unlawful.... it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, sent you a cheque for £170.03. It should arrive within 14 working days. These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount. .... I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time. We have also written to the court to confirm that we have paid in full."

So they agreed to pay back the full amount including interest and court costs. This would be great if they had included the cheque but there are only saying it will arrive within the next 14 working days! Their 28 days are up on 7 April but they expect me to tell the court they have paid and to discontinue my claim? What planet are they on? What do we do if their cheque does not arrive before 7 April? We will also be away on holiday from 6 April until 14 April so what are we expected to do?

Do you think we should ring Capital One on Monday and make it unmistakenly clear that they will have to pay up that week or we will continue with the claim? And should we ring MCOL on 5 April (if nothing received by then) and tell them that we have had this letter but not the money yet? What would happen if we did nothing until 14 April, came home to discover a cheque and then rang up MCOL? Do they do anything automatically once the 28 days are up? I think it's an absolute cheek of Cap 1 to tell us to hurry with discontinuing the claim to "avoid wasting any further valuable court time" when it's THEM who have been doing that all along and continue to do so!

Any thoughts please?

alisonjs

Righto - I've got my allocation questionnaire. I'm terried. What next?

I'm really worried here

zerodegrees

Ok, Halifax are trying to fob me of with their "8 weeks complaints department" policy, so I am filing a claim online today.


The only thing I am REALLY confused about is the ammount of interest to claim. My first letter to halifax was back in january so obviously interest was calculated up unto that date. However, do I have to keep this same ammount of interest now in the claim form? OR do I recalculate it all untill todays date and claim that instead?


Please please help so I can get a claim in today.

Many Thanks,

Ben

sharon37

Please help. I have had a letter of the courts saying that a defence to my claim has been filed. It says i have to fill in an allocation questionaire(which I have no idear about). The bank (LLoyds TSB) state that my claim is embarrassing!!! Please could someone tell me what I have to do next. Thank you.

esmerellda

recalc to today and dont forget your daily rate from issue to settlement.

esmerellda

alisonjs wrote: »

Righto - I've got my allocation questionnaire. I'm terried. What next?

I'm really worried here

don't stress most people get them. fill it in properly - template somewhere on here - send it back - #100 fee if you claiming over #1500 - then sit and wait for directions from the judge.

esmerellda

Beate wrote: »

We got a strange letter back from Capital One today.

" Dear blabla. I write in connection to the above court claim. I have now had the opportunity to investigate your claim of £170.03. It is denied that these fees are unlawful.... it is clear you have no claim against Capital One. Whilst we do not accept liability for the claim, I have in an effort to resolve this matter without the need for a court hearing, sent you a cheque for £170.03. It should arrive within 14 working days. These refunds are made purely as a gesture of goodwill and we will now defend this claim on the basis that we have refunded the correct amount. .... I would finally request that you contact the court to confirm the settlement and discontinue your claim. This is very important as it is your responsibility to inform the court that your claim is settled and avoid wasting any further valuable court time. We have also written to the court to confirm that we have paid in full."

So they agreed to pay back the full amount including interest and court costs. This would be great if they had included the cheque but there are only saying it will arrive within the next 14 working days! Their 28 days are up on 7 April but they expect me to tell the court they have paid and to discontinue my claim? What planet are they on? What do we do if their cheque does not arrive before 7 April? We will also be away on holiday from 6 April until 14 April so what are we expected to do?

Do you think we should ring Capital One on Monday and make it unmistakenly clear that they will have to pay up that week or we will continue with the claim? And should we ring MCOL on 5 April (if nothing received by then) and tell them that we have had this letter but not the money yet? What would happen if we did nothing until 14 April, came home to discover a cheque and then rang up MCOL? Do they do anything automatically once the 28 days are up? I think it's an absolute cheek of Cap 1 to tell us to hurry with discontinuing the claim to "avoid wasting any further valuable court time" when it's THEM who have been doing that all along and continue to do so!

Any thoughts please?

don't discontinue until you have the money........ nothing happens automatically - you have to ask for default judgement - so no worries on that score - if no check by 14th ask for default judgement.