Moneyclaim Online (MCOL) question

Beate

Beate wrote: »

After our victory over Cap1, it's now time for Lloyds TSB who have so far done nothing but write senseless letters about "looking into our complaint". I am ready to file MCOL once again but as it was a business account, is there anything in the particulars I should change or leave out? Also, it was a one man business (no Ltd or anything), can I still tick "Individual" or have I got to tick "Organisation" and put the name of the company in "Organisation name"?

And a really stupid one, seeing as I have done this before: In Amount Claimed I put the amount PLUS interest, even though that will hike up the court fee from £30 to £50?

Anyone, please?

Apathyawakened

Beate wrote: »

Anyone, please?

If the account is in the company name you need to use that as the claimant. Post No. 6 in this thread re amount claiming...

http://forums.moneysavingexpert.com/...64&postcount=6

grimreaper

Edinburghlass wrote: »

Post No. 6 in this thread....

http://forums.moneysavingexpert.com/showpost.html?p=4068764&postcount=6

Particulars of claim (You are allowed 1080 characters on up to 24 lines.)

Edit the parts in bold to fit your claim.

The Claimant has an account XXXXXXXX (put your account number) with the Defendant, opened (DATE XX/XX/XXXX). Since (DATE XX/XX/XXXX) 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.

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} To work out the daily interest. Multiply the amount of your claim (charges only, not including interest) by .00022

Does or will your claim include any issues under the Human Rights Act 1998? I guess the answer is no. This is correct

Do you want to reserve the right to claim interest? Yes?.......Correct

Amount claimed Put in the total of your charges including interest added.:T

Numpty_2

Numpty wrote: »

My MCOL claim to Lloyds was issued on 14th March and deemed to be served on the 19th March, and Lloyds had until 2nd April to reply. They acknowledged it on 27/03 however nothing since.

I've mislaid the second piece of paper from MCOL - is it 28 days from acknowledgement or from start of the claim given they have acknowledged it.

If it's the former, it's 28days today, and nothing more from them. What now?

Anyone?

callyh21

I filled my claim with MCOL on 29th March there 14 days are up today and ive had no response? Does that mean i have won by default? I have tryed to register judgement but it wont accept i guess they have till midnight today? All the claim says is Issued?

Warriorsith

callyh21 wrote: »

I filled my claim with MCOL on 29th March there 14 days are up today and ive had no response? Does that mean i have won by default? I have tryed to register judgement but it wont accept i guess they have till midnight today? All the claim says is Issued?

Ring MCOL, their number's on their site and asked them. I hear their very helpful.

Cookiepops

Originally Posted by Numpty
My MCOL claim to Lloyds was issued on 14th March and deemed to be served on the 19th March, and Lloyds had until 2nd April to reply. They acknowledged it on 27/03 however nothing since.

I've mislaid the second piece of paper from MCOL - is it 28 days from acknowledgement or from start of the claim given they have acknowledged it.

If it's the former, it's 28days today, and nothing more from them. What now?


Hi Numpty, its 28 days from the 'deemed to be served date' - in this case 19th March.

HTH

Lisa

Numpty_2

lisajh29 wrote: »

Originally Posted by Numpty
My MCOL claim to Lloyds was issued on 14th March and deemed to be served on the 19th March, and Lloyds had until 2nd April to reply. They acknowledged it on 27/03 however nothing since.

I've mislaid the second piece of paper from MCOL - is it 28 days from acknowledgement or from start of the claim given they have acknowledged it.

If it's the former, it's 28days today, and nothing more from them. What now?


Hi Numpty, its 28 days from the 'deemed to be served date' - in this case 19th March.

HTH

Lisa

Thanks. I spoke to the court and they said yesterday. Any chance you know the question to my other post on interest?

Apathyawakened

Apathyawakened wrote: »

quote]

As there doesn’t seem to be a detailed note on amending a claim thought this would be useful to all. Amend claims requires a manual submission to the court that is then stamped with a seal to show accepted and once returned to you it is your responsibility to send the new claim on to the defendant.<O:p</O:p
On the MCOL website select forms from the left hand box, and search for N244. Complete online. Ignore the left hand top box as that is not relevant. On the right enter details from your original claim form (an N1). Complete Part A as follows: 1- enter “your name” and “as claimant”.<O:p</O:p
2. type in what you are amending – eg. “amends the second date in ‘particulars of claim’ from "31/07/05 to 31/01/07”.<O:p</O:p
3. state why you are making the change – eg “date on original was incorrectly typed”.<O:p</O:p
Complete Part B by ticking “my statement of case” and enter your address details for receiving the confirmation of amendment. Print the form and sign.<O:p</O:p
You do not need to complete Part C unless you are making a complete change to the Particulars of Claim on Form N1.<O:p</O:p
<O:p</O:p
Close the form page and on the main screen select “Information About” from the left menu. Select “N” for "<?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com[IMG]http://forums.moneysavingexpert.com/ /><st1:date Month=[/IMG]<font face=" /><st1:City><ST1:p<FONT face=Arial>Northampton"</ST1:p</st1:City>, select “Northampton Bulk Centre” and in the right menu “Money claim online”. From the right menu select “N1 Claim Form”. This is there own form so use only for claiming under MCOL.<O:p</O:p
Enter all the details for the claim EXACTLY as originally entered on your existing claim. Then create a space alongside the item to be amended to allow room for the new information. If you are not filling in using cut and paste from word print the form.<O:p</O:p
On this form cross out the item in error with a RED PEN and write in the revised information, again with a RED PEN. (If you use WORD set the Tool to track changes and make the correction)<O:p</O:p
<O:p</O:p
Send both these completed forms to MCOL at the <st1:Street><st1:address>Northampton Court</st1:address></st1:Street> address. Use registered post as you will have to include a £35.00 fee. They will have the change validated and stamp with a seal the form N1, which will be returned to you.<O:p</O:p
On receipt make sure you have a copy and then YOU send to the defendant. You can use registered post, courier, or hand. <O:p</O:p
Go to MCOLs website and again use forms to find form N215 (Certificate of Service) Complete on line and see the notes page (page 2) if you are unsure what to enter. Sign and send a copy of that back to MCOL at <st1:City><ST1:pNorthampton Court</ST1:p</st1:City>. They will then register the date of serving and start the count process again. Defendants have a further 14 days to respond with a defence and if so 14 further days to file the defence, as without the amendment. Your online process will then be able to continue as normal.
Hope this helps.:beer:

lawtz04

Hi guys

This should probably go in the MCOL bit but my last to posts in there got ignored so it anyone can help - there must be others in this position.

My banks 14 days to acknowledge my claim ended today. I have filed for judgement by default and in the bit where you want payment either immediately or in full by a certain date, I put by the 21st April.

I dont know if this is reasonable. Do they DEFINATELY have to pay now and its just a question of when?
Thanks anyone
S