nellio v Co-op Bank - **WON**

[nellio]

Hi again Michael, just checked Moneyclaim and it was issued on the 17th July, (felt like longer) so I make it 16 days at midnight. What could this mean to me or the Co-op bank? P.s could these phone calls be classed as a manual intervention? nOt that it could cost the earth for phone calls.

[Michael Browne]

It means you've won, but only in theory, the bank could apply for a set aside, which would allow them to enter a defence and then they would almost certainly settle.

 

The phone calls are not MI, they're harrassment.

[nellio]

So should I enter a judgement against them now?

[nellio]

Hi again Michael, just tried to place judgement against them but the MCOL told me I cant as yet. I think I remember something about 5 days after issue, so there you go. The waiting game continues. Thanks for the advice.

[Michael Browne]

A little light reading for you:

 

http://www.consumeractiongroup.co.uk/forum/general/18809-help-re-judgement-default.html

[nellio]

Thank you, Thank you, Thank you!

[nellio]

Just got in from work and receievd this letter.

 

28/07/2006

 

Deasr mr C,

I write to previous correspodence. Please accept my apologies for the dealy in responding to your letter of 1st June 2006, and thank you for your patience. Please find enclosed a further copy of our complaints procedure leaflet.

 

We have reviwed your statement and would advise that the total applied in charges is £805.00. I have today refunded this amount to your account.

 

In order to avoid charges in future, please ensure that you have adequate cleared funds in your account at the close of business the day before the items are presented for payment. this forms part of the terms and conditions of your account.

 

I trust this is acceptable to you and you will call if you have any further concerns. if we do not hear from you within the next 8 weeks of the date of this letter, my file will be closed.

 

Yours sincerley,

Martin Clark

 

Excellent Smithers!

 

Well not quite..... The money hasn't yet gone in yet the letter states it has. I've tallied up the amount and it is definately £905 not £805 and last but not least my court claim was issued 14 days ago so can I claim my £80 MCOL fee back?

 

Could someone tell me what I should do? The cahrges I claimed were, service charges (unaouthorised overdrafts), commisions (returned DDs) and daily charges(using card without funds available. Are all of them reclaimable. A donation will definately be winging its way once I really do recieve the refund.

Thank you, I know I kept people on their toes with advice.

[Michael Browne]

Have you tried applying for judgement by default yet? If so, write and tell them and that you require your full claim including 8% interest and court fee. The judgment by default will put pressure on them either to settle quickly or apply for a set aside.

[nellio]

Hi Michael, I tried applying default but it wont let me until I think friday. The reason being, apperently they have 5 days from the date of issue for it to be deemed 'served'. I will gladly accept the £805 but I am deinately hold out for the £87 interest and the £80 court fee. Should I call them and speak to somebody as the way it sound s by the letter they don't know that I have started court proceedings otherwise they would have asked me to contact the court. Also if you wouldn't mind telling me if those charges in my previous post are claimable.

Cheers

[nellio]

Nnebody answer the above, please?

[Michael Browne]

If you're going to hold out for interest and court fee, you should hold out for it all. That's why i asked about JBD,since if they don't know, they will be under sudden pressure to do something about it. I'd wait till Friday, get judgment and then inform them. Yes, they're all claimable

[opalfruits]

Moneyclaim online is run by Northampton County Court which is the bulk processing centre, so instead of the normal amount of time they actually give the defendant 19 days to respond, which is why you can't enter judgement yet. I would definitely hold out, otherwise you are going to lose the £80 you laid down to start your claim. Either ask the Co-op to refund this immediately, or enter judgement tomorrow.

[nellio]

Yeah, I've spoken to the Co-op bank and told them that I have started court action. They have put £805 in my account but I informed them that the actual amount was £905 + £80 court costs + £87.83 interest. Thay have asked me to prove I have incurred a court cost fee and they said they will total up the charges again, it is defo £905. So letter went first class this morning. I will donate once I get the total amount owed. I am not touching the current £805 in case they take that as my full and final settlement.

[nellio]

The Co-op have credited my account with £805. Now that sounds good but it is still £100 shy of my claim plus £80 cost plus £87 interest. So basically they owe me £267. Now, if I spend any of this £805 will the co-op deem it settled?

[Michael Browne]

That was quick, in 2 hours you've gone from I'm not touching it to what if I spend some!!LOL

 

They can deem all they want, but the case isn't settled till they pay the claim in full.

[nellio]

Heh heh! That above statement did sound as if the money is burning a hole my my pocket...it is! lol. No seriously though because my MCOL totals £1068 and the Co-op have paid a large amount out do I need to conatct the court to adjust the amount I am now claiming. Secondly why the hell should I have to prove to them I've started court action when come midnight +1 I default them.

[Michael Browne]

Do I need to conatct the court to adjust the amount I am now claiming.

No.

[nellio]

Hi Michael, this is totally off the map but could you tell me how I can qoute in the lovely blue box like you do? I usually cut and paste but it doesnt look as nice or half as eyecatching. Cheers

[Michael Browne]

Bottom left of every post - Quote

[nellio]

Bottom left of every post - Quote

 

Nice one!

[nellio]

Just to let everyone know I have won without having to default the bank. They paid me £860 pound on Thursday and the remainder £207 went in today. Thank you for all your support but I'm gonna hang round longer as I'm taking on Barclays now for my girlfriend.

Could a mod title my thread won please?

 

Is there a way to donate without debit card?

[nellio]

I've won!

[barracad]

Congratulations!!

 

Please complete our bank charges survey.

 

And a donation would be greatly appreciated

[freebird]

made up for you mate, well done.....another one bites the dust !

 

freebird x

[pj41]

Hi Nellio,

 

Well done, watch out Barclays !!!

 

Cheers

 

Paul