Update meggiemoo_d vs Capital one

[meggiemoo_d]

Hi,

After my first letter I have received a letter stating they will refund £40 as a goodwill gesture. I seem to see that a lot on this website!! Shame I'd already sent my 2nd letter by the time I'd received that letter. I have every intention of starting court proceedings if needs be!! Haven't got a clue how to but they owe me £640!!!

 

Will keep you posted!!! Thanks for the £40 though Capital one!! Not that I've finished with them of course!!!

[Bookworm]

Welcome back. Can't find your original thread either , so I've re-opened this one.

[Bookworm]

Well, in response to your pm, if you've done prelim and LBA, it's time for court claim!

[meggiemoo_d]

Thanks!! Thought it was just me going mad!!

 

I'll be honest and say I haven't got a clue how to open the court claim and get it started! Any help would be appreciated!!

 

Thanks

 

Ellen

[Bookworm]

Library - the source of all knowledge. There's a guide note for completing Moneyclaim. And the link to Moneyclaim website is under "helpful external links".

And there's an Excel sheet to download to work out the interest, and another online one if you don't have Excel!

[meggiemoo_d]

Hi,

I've started my moneyclaim thing now. I'm not really sure what to write in the particulars of claim bit!!

 

Thanks

[meggiemoo_d]

Found it!!! The particulars of claim are really good!! They are too long though!!!

[Glitterari]

You won't be able to fit the particulars of claim that you find in the library section into the the moneyclaim site, it's far too small.

 

You will need to really condense the information. In the library section there are guidance notes on filling it in, but you will need to draft it up yourself. Keep in concise and to the point. Also, if you look around this site, other people have posted what they have written in their moneyclaim which can give you some ideas.

 

C xx

[meggiemoo_d]

Thanks for all the advice! I'm posting my court thing on Tuesday as I didn't have enough money to pay it until then!!! I'll get it all sorted tomorrow so its all ready to go!! I'm halfway through my claim online. Is it £80 to make a claim? Is that the standard fee? I'm so scared of doing it and then losing!!! Can't really afford the £80!!

[Tinkerbelle]

Thanks for all the advice! I'm posting my court thing on Tuesday as I didn't have enough money to pay it until then!!! I'll get it all sorted tomorrow so its all ready to go!! I'm halfway through my claim online. Is it £80 to make a claim? Is that the standard fee? I'm so scared of doing it and then losing!!! Can't really afford the £80!!

 

Hi

 

You REALLY need to read up on things before you go ahead.

 

The list of fees can be found here.

http://www.hmcourts-service.gov.uk/infoabout/fees/county.htm

 

A bit of research and preparation will makes thing better in the long run. If your case does end up in court are you prepared for that?

 

We are all here to help, but we also expect you to put some effort in as well, the more you read up and find out for yourself the more clearer things will become, and the more confident you will feel if your case is unlucky enough to go to court.

 

Good luck!

[meggiemoo_d]

Hi,

Don't worry I am doing my research!! I'll be honest and say I haven't read the court bit until this point as I decided to take one step at a time!!!

 

I'm in the middle of sorting out the interest charges and making a list of all the charges, and when they were made.

 

I am prepared to go to court but am absolutely terrified. Obviously I won't let Cap 1 know that!!! I'm a big scary tiger GRRRRRRRRRRRRRRRRRRRRR!!!! *whimper whimper*

[Glitterari]

It's the same with me, and I am sure with lots of other people too, so try not to worry about being scared.

 

I think what it comes down to is the mentality behind it all - yes we know they're unlawful and the contract is not legally enforceable, etc etc but I think deep down we still worry that we'll be made an example of and of course it's just little old me (or you) against a massive multi billion £ company/org.

 

Good luck with it all - you'll get there in the end and it will all be worth it!

 

C xx

[meggiemoo_d]

help please!!!

 

this is what I have filled out for my particulars of claim.

 

The claimant has a contract with the defendant (account no. xxxxxxxxxxxxxxxx)

which was started in Feb '04 and which is conducted on their standard terms and

conditions. The claimant claims the return of £580 by the defendant in the way of charges over the last 3 years plus interest levied on the charges pursuant to section 69 County Courts Act. The banks charges are a disproportionate penalty,exceed any alleged actual loss to the Defendant in respect of any breaches of contract on the part of the Claimant and are not intended to represent any alleged actual loss and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The claimant has repeatedly asked the bank to justify their charges but they have declined to do so.

 

 

 

I'm about to put my claim in online and was wondering if someone could check this and say if there is anything that they would change on it. Any opinions gladly received!!

 

I've also just had capital 1 on the phone asking for further payments. I think the bloke I spoke to was a bit shocked when I said I was continuing with my claim and was in the middle of completing it.

[Bookworm]

You have the interest bit wrong. You MUST write it exactly as it says on the MCOL pop-up, and you need to work out the daily rate, and enter the interest amount claimed, even if it means shrinking the rest even more.

 

Let's see:

 

The claimant has a contract with the defendant which started in Feb'04 and which is conducted on their standard terms and conditions. The claimant claims the return of £580 levied by the defendant in the way of charges. The charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further,as a disproportionate penalty they are invalid under the Unfair(Contracts) Terms Act 1977s.4 and under the Unfair Terms in Consumer Contracts Regs 1999,Para 8 and sch.2(1)(e). In the event that the charges are not a penalty, they are unreasonable within the meaning of the Supply of Goods and Services Act 1982 s.15. The defendant has repeatedly been asked to justify the charges but they have declined to do so. The claimant claims interest under s.69 of the County Courts Act 1984 at the rate of 8% a year from xx/xx/xx to xx/xx/xx of £ xx.xx and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £x.xx.

 

986 characters on 24 lines, unless I'm mistaken. Tweak as required.

[meggiemoo_d]

hi,

Thanks for your help!! I had managed to get myself all confused as I couldn't get it to fit within the 1080/24.

 

I'll get it sorted and sent off!!!

 

Thanks again!!

[meggiemoo_d]

Oh my god.............its done now!! Everybody cross their fingers!!!!

[Tinkerbelle]

Yaaaaaayyy!!

 

Crossed and locked!!

[meggiemoo_d]

Going to make myself think only good thoughts now............GRRRRRRRRRRRRRRRRR!!!!

[rbrears]

It is really hard to make the POC fit into the moneyclaim online limit.

 

I used a different wording for the interest calculation which is quite common in county court claims and which will still permit you to claim the full statutory interest if the matter goes to a hearing.

 

Instead of the usual interest "prayer" that comes up in the MCOL box I have put the following:

 

"And the Claimant claims interest pursuant to section 69 County Courts Act for such periods and at such rates as the Court deems just"

 

Clearly if a judge has to decide the interest it will be on the usual statutory basis. Just make sure that you have the calculation done to show the judge if you have to attend a hearing. Also if the matter settles you will be able to do likewise with the defendant in any negotiations.

 

It does reduce the number of characters and lines quite a bit.

 

Hope this helps:)

 

And by the way I have issued two claims against Capital One/Bank - both settled in full after the proceedings were issued - so take a deep breath and go for it !

[Overdrawn]

Oh my god.............its done now!! Everybody cross their fingers!!!!

 

Have you PM'd the mods so that your claim can be logged in the litigation section?

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?f=66

 

Best of luck with your claim (not that there is any luck involved )

[meggiemoo_d]

Thanks everyone! Have pm'd the mods (ooh get me with the lingo!!) so hopefully that'll be logged!

 

Will keep you updated with the outcome. Keeping everything crossed!!!

[meggiemoo_d]

Just checked and it says my claim has been accepted and they now have 14 days to answer. Is that 14 normal days or 14 working days? Stupid question I know!!!

[Bookworm]

14 days. 2 weeks. That's to acknowledge, mind you. Then, they'll get another 28 days to file a defence.

[meggiemoo_d]

I thought so.........fingers crossed!!! Will I get things through the post or should I just keep an eye on the moneyclaim thing?

 

Thanks

[meggiemoo_d]

Hi,

My claim was issued on the 4th of May............Capital one acknowledged on the 5th of May. Should I take this as a bad sign? Most of the other posts I've read show that Capital one have been waiting until the 13th day before acknowledging!!!!