Moneyclaim Online (MCOL) question

crystalflower

Hi,

Can anyone tell me if the bank does take you to court, are you advised to get a solicitor?

I've been reading an awful lot about people who claim unfair bank charges through Moneyclaim, or by application at their local courts, but not much about what happens if the bank decides to take you all the way.

As I've never been to court before, what the procedure if you need to go? Do you represent yourself of get a solicitor?

Bit confused!
Crystalflower

Beate

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?

They have entered a defence now, can you believe it? And yet, the cheque is apparently on the way! And they are telling US they are wasting valuable court time! Will we now have to fill in an Allocation Questionnaire? We will be away from April 6 to April 14, how long do they give you to fill it in? And what if the cheque arrives next week? Can I just ring MCOL after the holiday and say cancel the lot as we have received the cheque? I am SOOOO angry at Cap 1. All they had to do is include the cheque with their letter, but no, they had to be arkward and delay. I am thinking about ringing MCOL and asking for advice. Cap1 has only put a defence to buy time in so we can't enter judgment by default before the cheque gets to us! The court should take a dim view on things like that.

esmerellda

You represent yourself - no need for a solicitor.

It is small claims so is geared towards litigants in person.

Dont worry - if you do go, the judge leads things and asks you the questions.

MartialArtMan

I'm going to be sending my 3rd letter soon. Where it says "and therefore the [INSERT NAME OF COURT] court will rule in my favour." Do I insert MCOL or the name of my local court?

Soz for noobie question

esmerellda

no not at all - its a silly bit in the template and has no consequence.

Just leave the name out.

"and therefore the court will rule in my favour."

Twinkly

crystalflower wrote: »

Hi,

Can anyone tell me if the bank does take you to court, are you advised to get a solicitor?

I've been reading an awful lot about people who claim unfair bank charges through Moneyclaim, or by application at their local courts, but not much about what happens if the bank decides to take you all the way.

As I've never been to court before, what the procedure if you need to go? Do you represent yourself of get a solicitor?

Bit confused!
Crystalflower

Try not to worry. This is one womans experience in court against Barclays you may find helpful and reassuring.

Top thanks to OP showmethemoney! for her post.
http://forums.moneysavingexpert.com/showthread.html?t=393532

Good luck

MartialArtMan

Thanks esmerellda

Lisa_1971

We filed our MCOL and it was deemed served on 12th March but we got a letter to say that HSBC intended to defend all the claim dated the 9th March. So which date do we go by? Not that it will matter because one would be Godd Friday the other Easter Monday, does this mean that it will be Tuesday before we should have a reply or can go for judgement? Also when I log onto MCOL its still "start" is this right?

Thanks

Beate

It still says Start because they probably haven't acknowledged yet. Once they do so it gives them 28 days from day of deemed served to file a defence. Once they enter a Defence you can't file for judgement by default anymore and will get an Allocation Questionnaire and a Court Date.

jersey_2

Just put 'county court'.