Moneyclaim Online (MCOL) question

pigsmightfly

MimiJane wrote: »

Can anyone help here?

Do you mean on the particulars of claim?

If so, I didn't know this for a couple of accounts I was claiming for and it didn't affect the claim

MimiJane

Yes, I do mean on the claim particulars. Wasn't sure if any deviation from the template wording might help the bank in delay tactics.:rolleyes:

Many thanks for your help.

johnny_alpha

Aha - Barclays DID indeed enter an acknowledgment today! They're good at leaving it til the last second (and playing with my 'weekend ambiguity') - is that the case with these banks now - milking the timetable?

14 more days it is then! If they don't file a defence by then is it then more likely that a judgement would be granted? Failure to acknowledge could have just been met with a blank 'we never received the paperwork' - at least now I know they're 'in the mix'!

When is the OFT due to return from their fact-finding? As I almost feel like I'm rushing against their revelations!

Sammy7_2

I'm just filling in the MCOL against HSBC today and I'm now stuck on the particulars of claim section - I have copied this bit:

The Claimant has an account XXXXXXXX (put your account number)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; Interest per S.69 County Courts Act 1984 of 8% - £xxx [enter interest total at date of claim] continuing at 8% until judgment or settlement at a daily rate of £0.xx; 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.

but there is also an extra para which reads:

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 £ (amount of interest only) 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}

All of this wording is too long to fit into the box which only accepts 1080 characters.

Can anyone suggest what I should do?

Thanks

saver_mum

Hi,
I am just about to file Mcol claims for my partners and mine's capital one accounts.
They have refunded us £64 each which i wrote back to say we would "accept on the clear understanding that i will persue recovery of the remainder with a county court claim if nesseccery"
We then recived a letter stating this was their final offer ect ect..
Can i now carry on claiming via mcol for the remainder of the charges and intrest??
And how do i take off the £64 we have been refunded?
do i just take it off charges..?
as this will effect the amount of intrest..
Any advice would be much appriciated..
Thanks

jersey_2

Hi - i have made a claim online with MCOL which was issued on 21/3 stating Judgment 'Start'. RBS's 14 days will be up soon and i have heard nothing?! Could it be as simple as requesting Judgment by Default and thats the end of it? Or will the bank reply on the last day and therefor i will have to wait another 14 days or something? Anybody know how this works please?

Thanks

Edinburghlass_2

Sammy7 wrote: »

All of this wording is too long to fit into the box which only accepts 1080 characters.

Can anyone suggest what I should do?

Thanks

posts 6 and 11 at the beginning of this thread

Sammy7_2

Another query if anyone can help

I am ready to file MCOL for HSBC - the original amount that I was claiming for was £1669 plus £197.10 interest which totalled to £1866.10.

1) Do I need to recalculate the interest using the calculater on this site to update the interest before I finish the MCOL.

2) I have noticed that since I last sent my charges list to HSBC - I have had another 3 charges taken from my bank account adding up to £125.00 - do I need to include these on the claim form as well as these haven't been mentioned to HSBC.

Thanks for your help

Beate

Sammy7 wrote: »

I'm just filling in the MCOL against HSBC today and I'm now stuck on the particulars of claim section - I have copied this bit:

...

but there is also an extra para which reads:

...

All of this wording is too long to fit into the box which only accepts 1080 characters.

Can anyone suggest what I should do?

Thanks

Leave the extra para out, you have said it in the particulars already so it would just repeat.

Beate

Sammy7 wrote: »

Another query if anyone can help

I am ready to file MCOL for HSBC - the original amount that I was claiming for was £1669 plus £197.10 interest which totalled to £1866.10.

1) Do I need to recalculate the interest using the calculater on this site to update the interest before I finish the MCOL.

2) I have noticed that since I last sent my charges list to HSBC - I have had another 3 charges taken from my bank account adding up to £125.00 - do I need to include these on the claim form as well as these haven't been mentioned to HSBC.

Thanks for your help

1) If you want interest up to the day of filing the claim then yes you have to! Gets you more interest so well worth the effort.

2.) By all means include them! Doesn't matter that you haven't mentioned them to HSBC before, it's not your fault they charged you again since writing to them.