Moneyclaim Online (MCOL) question

vickyfrench

Can anyone give me some much needed advice please? My daughter and her husband started a reclaim bank charges in early February,since which time Nat West have employed every delaying tactic you can think of!! They are now in the court process and have just received a letter from Nat Wests solicitors which is full of legal jargon asking for more information!!
It states their defence (the bank) and now requires lots of further info which is littered with legal jargon - i believe this is to frighten them off.
Has anyone else had this happen to them,and what should they do from here? They are to respond by 26th April.
Any help or similar situations would be gratefully received!!!!
On a lighter note,my son reclaimed his bank charges,had no problems at all,and they paid up straight away!!This was with RSB --SUCCESS!!!!!!!!!
Please help!!

phil_kirsty

hi im starting mcol tonight but i have a joint account with my partner where do i put both our names ,it says individual or organisation but we arnt a company and theres only 1 claimants name
thanks all

PINKY

Hi Isa

It probably means that the bank is defending the claim which you would have seen in the acknowledgement of service letter did you see this. I did not realise that this would mean a judgement could not be passed. But hang in there and go through the motions the next letter should be from the court stating a transfer to your local court etc.

We are al here to help any queries just ask.

isa

Thanks a lot both. Yeah it did say they would defend in the acknowledgement letter, they just never entered a defence online.

I'll just wait & see, allocation questionnaire next I guess!

dami150

I'm about to file a claim against Mint.

As they're registered office is RBS in Scotland the only address I can see in England is the customer service centre I've sent the other correspondence to in Southend.

I presume that even though it's a P.O.box number I can insert that address in my MCOL claim.

Thoughts please.

MimiJane

I've just started court proceedings, but did not initially claim interest from the bank and submitted a schedule to them without the interest showing. Now that I am claiming interest through the courts, should I send another schedule to the bank showing the breakdown, or is this not necessary as the wording on the online court submission gives the total interest figure I'm claiming for?

If it is best to send another schedule, should this be done now or when I return the Allocation Questionnaire?

I'd really appreciate some help here ... posted elsewhere, but can't get an answer.<!-- / message --><!-- sig -->

Jinxs

Lisa_1971 wrote: »

Apparently HSBC filed the defence the same day they were served but it only appeared online after I'd clicked on judgement( funny that) the guy I spoke to said that they will always allow a defence to be filed! So whats the point of having the timescales in the first place?? I think whoever it was further up is right, its a bit of bully boy tatics by the banks who are huge companies trying to intimidate the ordinary person like us!! They're not sending AQs out because a waste of time and resources because the banks don't turn up always, and with huge volume of people claiming charges back its not worth it!! I should get my copy of defence in the next couple of days!! Then don't know what happens. Watch this space.

Hi

Got my defence yesterday just wondering if you got yours I was right in thinking that I don't have to fill out an AQ so saved myself £100!!!! All I need is a court date have heard where I live there is a 3 month delay XX:mad:

emmaoxley

OK, I'm getting myself all confused now, LOL. I filed my case on Moneyclaim last night against Natwest and paid my £120 fees. The only thing is I used my mums addess in England as I currently live in Scotland due to my husbands work. After I had submitted all the information I was laid in bed thinking how would the bank know which customer was claiming as I have not put any account details into the claim just the template information and my mums address so not sure how they would know to credit my account or would they send a cheque to my mums address (if I win). Also do I need to let the bank know I have filed this claim and give them the reference number?
Any help or advice would be much appreciated.

golddigger_3

HI Emma

In you rparticlualrs of Claim - did you use the template from here? If so, you will have put your account number on that. Don't bother informing the bank - the court will do that.

good luck

emmaoxley

The below is the template I used and it doesn't mention to enter an account number and it completely slipped my mind until after I had completed the form. I will contact Moneyclaim and advise I had forgotten to enter my bank details. Would I enter my account details at the top of this claim?


[BLUE BRACKETS]: REPLACE WITH THE RELEVANT INFO
[RED BRACKETS]: JUST FOR INFO – SO DELETE

There is a strict limit on the number of characters allowed in a claim form. This should cut & paste in without a problem, yet if it’s slightly over, you may need to type the text in.

DELETE ALL TEXT ABOVE THIS LINE
______________________________________


1. Between [insert date of first charge eg 15/3/04] and [insert date of last charge eg 9/2/06] the Defendant debited numerous charges from the Claimant’s [This means you because you are the person claiming the money] account.
2. The charges are an unfair penalty under the Unfair Terms in Consumer Contracts Regulations 1999, because they are a disproportionately high sum in compensation compared to the cost of the purported breach.
3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty.
4. Under the County Courts Act, the claimant is entitled to interest of 8% per annum from the date they were deprived of the money. This totals [insert amount of interest as calculated with the bank charges calculator], accruing at the daily rate of 0.021% until judgment or payment.
5. The Claimant asks the court to enter judgment in their favour for [insert total charges] plus interest, totaling [insert total charges plus interest].