me v bos

[sowerby17]

panic over justread my claim and it is fine thanks for the help!

[sowerby17]

Pleasecan anyone help me how do I find out who is online so i can pm a moderator? I am going mad.I have done a mcol and it is asking about a judgement? notsure what to do.Please Please someone reply I have posted this a few times now

[MARTIN3030]

What appears to be the problem specifically ?

[sowerby17]

1.how do I know who is online.

2.What do I do about my mcol filed it on the 29thnov they want to know what judgement I want unsure what to do can youhelp please?

[brechiner]

You can only request action on a judgement after the 28 days are up and the defendant has failed to file a defence

[sowerby17]

Thanks it was just when I checked claim it was asking about the judgement.

By the way am I supposed to send anything to the BOS?

Thanks for replying.

[sowerby17]

Just been back to the mcol it says after 14 days which is right?

I am clueless

[Deller]

1.how do I know who is online.

2.What do I do about my mcol filed it on the 29thnov they want to know what judgement I want unsure what to do can youhelp please?

 

 

In answer to your first question, if you need to know who's online, check th e dot in the bottom left corner of a post, if its green they are online. Failing that, click on the CAG logo on the top right of every page, this will take you to the CAG front screen, scroll to the bottom of the page and you'll see a list of active users.

 

In answer to question 2; the mcol stage is pretty straight forward, you can go back to check the status of your claim at any time. The fact that it says "judgement" means nothing at this stage, this will just be an action you are able to take if the defendant doesn't comply within the deadlines.

You filed you claim on the 29th Nov, the court allows 5 days for the claim to be deemed served, the defendant then gets 14 days to acknowledge the claim, if they acknowledge they will then receive a further 14 days to file their defence.

So, from the date you filed your claim, the defendant gets a total of 33 days to submit their defence, it is only after this period that you are able to enter judgement if the defendant has not responded.

 

Hope this helps you.

[sowerby17]

Many thanks for your advice it is hard on this forum as there does not seem to be as many people with BOS Business claims in England.

If they do not acknowledge the claim in 14 days do I then file for judgement?

[sowerby17]

Well what a mess i have made of my mcol put in the bit about consumer rights and it is a business account. What can I do?

[Deller]

Many thanks for your advice it is hard on this forum as there does not seem to be as many people with BOS Business claims in England.

If they do not acknowledge the claim in 14 days do I then file for judgement?

 

They will acknowledge your claim.

[katesage]

Sowerby....could you give a little more information please.

 

Did you write the prelim and LBA letters to BoS, if so did you include references to Consumer legislation in those.

 

If you made refences to consumer rights in your MCOL, it means that they will use that in their defence against your claim, so it might be worth going back and amending your particulars of claim, which will cost £35 (unrecoverable:( ).

 

I have just had my business claim against Natwest settled at an early stage and apart from excluding references to Consumer legislation, there are no other significant differences.

 

It is vital that at each and every stage of your claim that you do sufficient reading to FULLY understand the step you are about to take.

The fact that you are making a business claim makes no difference to the ultimate outcome and you should follow the advice available from the threads in the BOS forum.

 

Good Luck

[katesage]

Sowerby

 

Just done some rooting about! I can see that you have other threads on this claim, which makes it tricky to keep track. Your threads will have to be merged by a moderator.

 

OK, so I think you did write the prelim/LBA letters!

 

Here is a Business Particulars of Claim. courtesy of Martin:)

 

 

Business accounts should have references to consumer law ommited.

here is a suggested Poc for Business account claims

 

 

The claimant has held a current account with the defendant, conducted on their

Standard terms and conditions since (DATE) , The defendant from

(DATE) to present day has applied charges to the claimant account,

totaling £XXXXX. The bank's charges are a disproportionate penalty and therefore unenforceable. Penalty charges are irrecoverable at common law. The precedent for this was Dunlop Pneumatic v New Garage [1915] AC 79.along with Murray v. Leisure play [2005] EWCA Civ 963. The claimant has repeatedly asked the bank to refund their charges or offer proof that they are true pre-estimate. They have declined to do so.

 

The claimant claims £XXXXX, being the sum unlawfully debited

 

The claimant claims interest pursuant to S69 of the County Courts Act 1984 at the

rate of 8% per annum, being the sum of £XXXX

[bearo]

All threads in Welcome forum now merged...please can you now stick to your thread in the BOS forum for any questions? Thank you.

[bearo]

Ok, I have merged your threads, please keep to THIS thread from now on. Thanks

[sowerby17]

Hi Kate

 

Thanks for your help I have read lots on this site but there is not a great deal on business accountsso think I have got mixed up.

The original letters I sent were definately business ones.

DO you think I should wait to see if they pay up early before I change claim It was only done on 29th november?

[sowerby17]

ok will do.

I only did my mcol last week 29th nov do you think I should leave changing my mcol to the business version until They say they are going to defend.

Seems awaste of money if they pay up early

[sowerby17]

can anyone answer my previous question?

[sowerby17]

will anyone answer my thread please

[sowerby17]

Kate should I alter claim straight away or should I wait to see if they defend then alter it or can you wait until you have to goto court to alter it?

[Lula]

Sowerby,

 

firstly

 

have you filled in the spreadsheet with interest? if not there is a link in my signature

 

you really need to send the letters in the correct order as it can go against you should it ever come to court.

 

1) fill in the spreadsheet

2) send the spreadsheet (with the interest taken out) along with the prelim letter.

3) LBA

4) file court action, on the MCOL, there is a pop up box and that asks if you are claiming section 69 interest, did you say yes to this? what did you say in your particulars of claim? did you mention s69 interest at all?

[sowerby17]

thanks Lula I have done all the letters and on 29th MCOL which was deemed as served on 5th dec.I have not sent any spreadsheets to the court nor have I had any reply from BOS yes am claiming interest.

[Lula]

Right, send a copy of your spreadsheet with interest clearly marked to MCOL, perhaps with a copy of your acknowledgement so they file it in the right place.

 

When, RBOS acknowledge, you will get a copy of the acknowkedgement filed by them, you can then email and post the spreadsheet with interest recorded delivery to the person handling the case

 

I would suggest that the spreadsheet have you name, claim number, account and sort code number on them

[sowerby17]

will do that tommorrow.Am claiming from BOS not RBOS.

Thanks for the speedy reply

[sowerby17]

hi does anyone think I should contact BOS as they have until monday to acknowledge the claim and I have not heard a thing from them. This seems unusual from them and I am wondering if I could have sent to wrong address I sent it to Birmingham one.Any advice anyone?