Brilliant,thankyou!! Just one final question- Do i have to write out the directions in G section of the N49 or can i print them off and attach it to it? Thankyou-Craig

Hi, i now have the AQ in front of me, also, DG have sent a letter asking for a list of all charges and interest, now, i have a list of every charge and the date (i used Martin Lewis's calculator) but they have no description next to the charges, will it be ok to send them this as i dont have the statements to hand, they are at my brother's house a long way away!! Please help if you can-Craig

Hi again, i notice that on the help page to fill out the MCOL page there is a bit that says "Once you have submitted your claim by MCOL you need to send your schedule of charges to the court to be served with your claim. " ......so i have to send a copy of my schedule of charges to the MCOL court? The reason i ask is because iv already started a claim against Hcbs for my brother that their solicitors have defended and i didn't send a schedule to the court!! Also, i have last week started a claim on MCOL against Barclaycard and i haven't sent a schedule to MCOL for that either!! :confused: What shall i do now? How important is it?

Hi again, i notice that on the help page to fill out the MCOL page there is a bit that says "Once you have submitted your claim by MCOL you need to send your schedule of charges to the court to be served with your claim. " ......so i have to send a copy of my schedule of charges to the MCOL court? The reason i ask is because iv already started a claim against Hcbs for my brother that their solicitors have defended and i didn't send a schedule to the court!! Also, i have last week started a claim on MCOL against Barclaycard and i haven't sent a schedule to MCOL for that either!! :confused: What shall i do now? How important is it?

Hi again, i notice that on the help page to fill out the MCOL page there is a bit that says "Once you have submitted your claim by MCOL you need to send your schedule of charges to the court to be served with your claim. " ......so i have to send a copy of my schedule of charges to the MCOL court? The reason i ask is because iv already started a claim against Hcbs for my brother that their solicitors have defended and i didn't send a schedule to the court!! Also, i have last week started a claim on MCOL against Barclaycard and i haven't sent a schedule to MCOL for that either!! :???: What shall i do now? How important is it?

Well iv just used Martin Lewis's calculator so does this mean that i cant file the claim till tomorrow? (i AM sorry for all the questions you know!!!)

Good, sound advice, Thankyou!!!-Craig

TOP CLASS advise from both of you, Thankyou a thousand times!!!!

Ok, will do!! So just to clarify, there will be no problem with the fact that the amount i am claiming is slightly different(higher) to the amount i origianally claimed in my first two letters to Llloyds tsb? ie-Do i have to work out the 8% up to my claim on MCOL or can i just go ahead with what i worked out originally(to the date of my first letter!)?-Craig

***BUMP*** Thankyou, the Draft direction Order seems to be the way to go doesn't it? Any thoughts?

Ok, iv tried using the spreadsheets on here but i found them rather complicated, can i just use the simple one on martin lewis's site to work out the 8%?

Ok, i understand now,thanyou! One last thing (i promise!!!), Do i have to work out the 8% interest up to the date of the MCOL claim or can i just use the total i arrived at at the time of my first letter to Lloyds tsb (i foolishly included the 8% calculation in the first letter and my LBA and asked for that amount on top of just the charges, i now know i should have waited to do that until the date i filed on MCOL!!)??? Thankyou and sorry for being a pain in the bum!!

***BUMP*** Ps-one more ultra quick question, "...return of the amounts debited of £XXXX; - This is the total of your charges, plus the overdraft interest if you are reclaiming these.", does this mean the charges plus the 8% that the calculator has added? and: "...at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022 For example, £1,429 in charges £27.40 in overdraft interest Total £1,456.40" Does this mean the charges plus the 8%? ie- is 'overdraft interest' the 8%? SO sorry for this, i just want to be ultra sure im getting it right!! Thankyou once again!!-Craig

Thankyou, the Draft direction Order seems to be the way to go doesn't it? Any thoughts?

Ps-one more ultra quick question, "...return of the amounts debited of £XXXX; - This is the total of your charges, plus the overdraft interest if you are reclaiming these.", does this mean the charges plus the 8% that the calculator has added? and: "...at a daily rate of £0.xx; - This daily rate of interest is calculated by multiplying the total value of the claim (charges plus overdraft interest, if claimed) by 0.00022 For example, £1,429 in charges £27.40 in overdraft interest Total £1,456.40" Does this mean the charges plus the 8%? ie- is 'overdraft interest' the 8%? SO sorry for this, i just want to be ultra sure im getting it right!! Thankyou once again!!-Craig

Ermmm, which Tsb address do i use for the MCOL? Is it the one in Brighton,post code bn1 4uz, or in London,post code ec2v 7hn, or the one in Birmingham,post code b3 3sf? So sorry for this!!

Bloody BRILLIANT you are Gary, thankyou!!

Hi there, my brother now has the AQ to fill in, now i have a question: In my own claim against Hsbc i filled in section G on form N149 like this: "I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; It is an issu of fact and not law. The issue is whether the money levied by the defendant in respect of it's customers contractual breaches exceed their actual costs incurred. Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration. I estimate the hearing of this claim will last no longer than one hour" but iv just looked at the guide to completing the AQ and it says to put this: "The Claimant respectfully suggests that special directions may be made as per the attached draft order. If ordered, the Claimant believes the proposed directions will further the Overriding Objectives in that they identify the most fundamental issues in dispute (as detailed below), and allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. - The crux upon which this claim rests is the actual loss suffered by the Defendant as a result of the contractual breach from which its charges arise. If the Defendant cannot substantiate the cost of each charge as proportionate to its loss incurred, it has charged contractual penalties contrary to the Unfair Terms in Consumer Contracts Regulations 1999 and common law principles established since the early 1900's. - In the event that the Defendant's charges were accepted as being a fee for a contractual service (which is refuted), examination of its true costs is required to determine whether the price is reasonable as required by the Supply of Goods and Services Act 1982. The Claimant believes that if the Defendant has the serious intention of defending this claim at trial as is indicated by its defence, that it is imcumbent on it to disclose such information. Further, the proposed directions are already routinely ordered in claims of this nature in the Mercantile Court in London, as well as in small claims track cases in Leicester, Derby, Chesterfield, Northampton and Mansfield County Courts. As the law relating to contractual penalties is long established, the Claimant believes the outstanding issues to be of fact. Accordingly, the Claimant respectfully requests that this claim be allocated to the small claims track, and estimates that the hearing of the claim should last no longer than one hour." Can you please tell me which one is correct? Please? Thankyou-Craig:???:

Hi again, can i just clarify something please? If i file on MCOL against Tsb today, you mean i have to send 2 copies of my schedule direct to the MCOL court in Northampton? And by 'schedule' do you mean the printout of the online calculator spreadsheet for the 8% or do you mean a list of charges and when they were applied? Please reply when you can, much appreciated and thanks again-Craig

***BUMP*** Ok,just a little question to you all: I worked out my charges, sent them the first letter, got the 'we aren't going to pay you back because we believe the charges are fair' letter, i sent them the LBA letter saying that iv included a full schedule of the charges with the letter but im not 100% sure that i have!! Is it ok to go ahead and go to MCOL or do i have to send the schedule for a second time? (i sent them the schedule list with the first letter!!) Many thanks-Craig:| :|

Ah i see, but i have already done that once and i got the reply saying that they no longer have records for that time period....but when i checked earlier on the phone with Mbna the lady told me that there are a few months that they haven't sent! So you suggest a second letter?

BRILLIANT!!! Thanks, il do that now!! Let's get them.....

Hi there, on November 14th 2006 i sent my first SAR letter with cheque to Virgin/Mbna and on 20th December i recieved an annoying letter saying 'thanks for your letter, on this occasion we have provided the info to you free of charge as we have not treated your request as a full data subject acess request' and they supplied a few charges with a few that they refunded. (How they couldn't treat my letter as a full data subject access request il never know as it states clearly that that is what i wanted!!!- Another delaying tactic maybe?) And they included a form for me to fill in and i had to send a photo id back with it, i lost this letter so had to do it all again and they sent me the same letter with the appropriate form to fill in so i filled it in, included the photo id and cheque and sent it to them, i then got a reply from a R Vernon dated 23 January 2007 saying that they've recieved my letter and that my request is being dealt with by their Compliance department and for me to wait the 40 days for the info. The 40 days was up on 4th/5th of March! Now, i have given them a bit of leeway and it is now March 18th and still no info, i rang them today to be told that that department is closed until monday but on this man's screen it says that there is 'no data held', even though i have had an account since October 2004!! Now i have been having problems with Mbna on another thread with them messing me about with their lack of statements so is this a delaying tactic and what should i do now? PLEASE try and help me, all the best-Craig

Ok,just a little question to you all: I worked out my charges, sent them the first letter, got the 'we aren't going to pay you back because we believe the charges are fair' letter, i sent them the LBA letter saying that iv included a full schedule of the charges with the letter but im not 100% sure that i have!! Is it ok to go ahead and go to MCOL or do i have to send the schedule for a second time? (i sent them the schedule list with the first letter!!) Many thanks-Craig

Ok, Hsbc had until March 20th to file a defence and did do so on the 15th (leave it late dont they?) so i now have the AQ, now i just want to know do i fill in the 'Other information' bit with what i put in my own AQ when i had a claim against Hsbc, ie: I respectfully request that my claim be allocated to the small claims track. This issue is not a complicated one; It is an issu of fact and not law. The issue is whether the money levied by the defendant in respect of it's customers contractual breaches exceed their actual costs incurred. Accordingly, the claimant proposes the attached draft order for directions, for the courts due consideration. I estimate the hearing of this claim will last no longer than one hour' and add the draft order with the returned AQ? Please help me if you can, all the best-Craig