kerryanna V's Woolwich/Barclays

[kerryanna2]

Morning All, again!

 

Can someone confirm the address fo Barcaly which i should put on my claim. Should it be their Cust Serv office in Clacton on Sea or their registered address of 1 Churchill Place, London E14...? Also How do i work out the 'Daily' rate or interest for the MCOL?

 

Cheers,

 

Kels.

[paddym]

Send it to their registered office/ head office 1 churchill place london E14

[kerryanna2]

Thanks Paddy , anyone know how to calculate the daily interest I have an interest total for all the charges but have no idea how to calculate it daily

[Thailand]

Total charges X 0.00022;)

[kerryanna2]

Thanks Thailand are the total charges the charges with or without the interest that I added on previous letters (I used the moneysavings expert website calculator)? Sorry for being a pain.

 

Cheers Hun.

[Thailand]

I just knew you was going to ask that! I'll tell you what I think, but you might have to have a look around to confirm.

 

Assuming your not claiming contractual interest (just the 8% stat) I *think* its without the interest, thats how I did it. Its a bit complicated, but I'm almost sure thats right. If i'm right, and sorry that is an if, when claiming contractual you apply interest first then times by 0.00022. I surely hope someone can clarify that for you hun.

 

To reiterate, I think you should just apply the figure to actual charges. I hope somebody will confirm for you...

[kerryanna2]

Thanks Hun. Anyone else have any advice...? It'll all be welcome to cut it short I made a bit of a mess in the beginning and do not want to mess up on my MCOL, going away on Wed pm so any advice to help me get this MCOL up and running before I leave would be great

[paddym]

Yes myself thailand and others used the method he suggest in the thread above with success so dont change whats not broke !Very wise man that thailand take in what he tells you !

[Thailand]

Lol Paddy, I just turned a shade of beetroot:eek:

[kerryanna2]

Bless you all, you're great guys But being me I am still a little confussssssssed ;-). I think I get what your saying but please confirm - I take the charges Total of £ 1080.00 (without the interest I calculated from the moneysavingsexpert website) and then times by 0.00022 ?

[marley2009]

hi kerry

 

yeh that right hun, im going to be doing my mcol next week so i may need ur help lol

 

amandax

[kerryanna2]

Thanks Amanda - how addictive is this site....? haha ;-)

[marley2009]

i know lol thing is what happens when we all get our money back and have no need for any help, we cant just abandon this forum, ive made some really great friends on here and everyone is so helpful, think we will have to stay now and help others that will be just atarting etc,

 

amandax

[kerryanna2]

Thanks Amanda. I just used the FAQ info on MCOL (particulars of the claim) and I tired to copy and paste the text as follows;

 

1. The Claimant [has] [had] an account1 ("the Account") with the Defendant which was opened on or around 2 [and closed on or around 2 ]

 

2. During the period in which the Account [has been] [was] operating the Defendant debited numerous charges to the Account in respect of purported breaches of contract on the part of the Claimant and also charged interest on the charges once applied. The Claimant understands that the Defendant contends that the charges were debited in accordance with the terms of the contract between itself and the Claimant.

 

3. A list of the charges applied is attached to these particulars of claim.

 

4. The Claimant contends that:

 

a) The charges debited to the Account are punitive in nature; are not a genuine pre-estimate of cost incurred by the Defendant; 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 or related to any alleged actual loss, but instead unduly enrich the Defendant which exercises the contractual term in respect of such charges with a view to profit.

 

b) The contractual provision that permits the Defendant to levy such charges is unenforceable by virtue of the Unfair Terms in Consumer Contracts Regulations (1999), the Unfair Contract Terms Act 1977 and the common law.

 

5. Accordingly the Claimant claims:

 

a) the return of the amounts debited in respect of charges in the sum of £ 3 and any interest charged thereon;

 

 

b) Court costs;

 

c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods as the court deems just.

 

6. 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).

 

I believe that the contents of these particulars of claim are true

 

Problem is its too long they only allow 1080 charecters.....and the text is nearer 2,000 is their anywhere I can find an abbreviated/shorter version....?

 

Cheers,

 

K.x

[Delboy01]

Er Regarding the Daily Interest rate, the Spreadsheet works it out for you and adds Charges AND Interest !! to get the Daily figure.

 

(hopes he is right here:confused: )

 

 

DELBOY

[kerryanna2]

Hey Delboy,

 

Thanks Hun.

 

Any idea on how I can shorten the particulars...?

 

Cheers ;-)

 

K.x

[marley2009]

hi kerry, i am just using this one and it fits

 

1. The Claimant has an account 1234567 with the Defendant, opened May 2000 2. Since 01/02/03 the Defendant debited charges and interest in respect of purported breaches of contract. 3. Defendant is aware of all details as a list of charges has already been supplied. Another copy will be sent. 4. Claimant contends: (a) The charges exceed the Defendant's losses caused by the breaches; (b) 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. 5. Claimant claims: (a) return of the amounts debited of £XXXX; (b) 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; 6. 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. 7. Costs allowed by the Court.

[kerryanna2]

Thats great Amanda Thank alot hun. just re-calculated my interest from today and going to tackle this MCOL and get it sent , why do I feel a bit nervous....? haha ;-)

[steve31]

Hows it going Kerry?

You done the MCOL?

[kerryanna2]

Hi Steve and all,

 

Really sorry for not posting anything sooner as I have been away and only just back in UK, didnt get a chance to complete the MCOL before I left and docs at home but gonna nail it first thing tomoz, any of you on hand in case I get a little stuck....?

 

Cheers,

 

K.

[marley2009]

ill be here hun, i filed mine last friday they would of recieved today ha ha

 

 

amandaxx

[kerryanna2]

Hi all,

 

Completed the MCOL on line its paid and gone - wish me luck!

 

feel relieved but a bit nervous now!

 

K.x

[marley2009]

well done hunnie, yeh its a bit nerve wracking but well it serves them right lol good luck to u hunnie, tell us if u here anything,

 

amandax

[steve31]

No need to be nervous!

 

It looks great when you get paperwork from the court saying you are suing a bank....

 

I kept looking at mine and thinking WOW!

[Thailand]

YOU GO GIRL!