Getting MCOL Right

[Liani]

They always defend. MSE POC's probably aren't quite as thorough as CAG's but are sufficient. SCM details are on Notice of Acknowkledgement

 

 

Hi Again Michael,

I have not receive Notice as mentioned above, I have today received a notice of transfer to my local court, it states however that

Without hearing

 

It is ordered that

 

1. The filing of an allocation questionnaire be dispensed with in this case unless the district judge at the court of transfer orders otherwise

 

What does this mean - have I blow my chances withnot sending paperwork - schedule??

 

Attached to this is the defence counterclaim which they are disputing full amount claimed, they go on to say i have entered into a commercial agreement when opening account and so on charges are fair and reasonable.

 

I don't know what to do now - someone please help!!!!

[amsjks]

I am planning to file using N1 at my local court and have a question - who do I address my letter to? I read that you can post it (presumably, by reg'd post).

 

Also (apologies if this is a dumb question), how do I find out where my local court is? I live in Tunbridge Wells in Kent and don't think there is one here.

 

Many thanks

[MilkTrayMan]

I am planning to file using N1 at my local court and have a question - who do I address my letter to? I read that you can post it (presumably, by reg'd post).

 

Also (apologies if this is a dumb question), how do I find out where my local court is? I live in Tunbridge Wells in Kent and don't think there is one here.

 

Many thanks

The following 2 links will answer your questions...

 

How to make a claim

 

http://www.hmcourts-service.gov.uk/HMCSCourtFinder/

[amsjks]

That is great - thank you MTM. Unfortunately, after looking there I still have some Q's

 

So...

 

How do I know if my local County Court deals with this?? Or do I just submit to them anyway? Mine says it deals with bankruptcy; civil; divorce and district registry - not sure if this falls within that?

 

Do I send my N1 and POC to the Court Manager?

 

and..

 

do I have to send any money?

[why!!!!!!]

Tunbridge Wells County Court should deal with your claim as it is deals with civil claims.

So it would be:- court number 355 Merevale House

 

Yes the N1 and POC go to the court, your fee will need to be sent with the forms.

Are you exempt from paying fees if so you can go to the courts in person and fill out a form. take a look at this thread http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/25457-user-guide-contacts-list.html?garpg=9

Hope it helps.

claire

[SPONGEBOBSQUAREPANTS!]

Hi anyone,

Just doing my mcol, does anyone know which address to put in for Barclays? Thanks for help

[dave]

http://www.consumeractiongroup.co.uk/wiki/index.php/Barclays

[andytheguv]

So you all have this info, i sent my N1 form off to the court and it came straight back telling me i needed to specify what the Nationwide is. Well it turn out you have to put the word Mutual at the end of the name if you get the person who opened the letter, they are fussy and want that too.

Best of luck all.

 

Andytheguv

[amsjks]

I am submitting my court claim today (by N1) and I am not sure my daily interest rate is computing right.

 

I inserted a formula that adds together the charges and 8% interest and then multiplies those by 0.000219, this gives me one amount (0.38p). But the spread sheet automatically adds a different amount as each day passes (0.30; 0.31). I want to be sure I quote the correct daily interest amount.

 

Can anyone help? I really want to submit my claim today.

[why!!!!!!]

Hi

 

The daily interest rate would be worked out like this

 

Totat charges(excluding interest) x 0.00022 =

Is this what you mean?

Claire

[amsjks]

OK - I think I was going wrong because I was doing charges + interest x 0.00022.

 

Otherwise the interest will not increase from the day of the claim?

 

Should I not be claiming interest on the interest.

 

Maybe I am overthinking and thus complicating this.

[why!!!!!!]

Ok ive had a look at your HSBC thread, if you are not claiming overdraft interest the only interest you claim is the 8%.

claire

[YourLocalGP]

I've had the Notice of Transfer letter, but no AQ. Am I waiting for something else now? The bank has said, in their defence points, that they want more information. Someone has kindly given me the address to send that to for tha bank. However, does it need to go to the court too?

 

I'm just confused now because I don't know who's waiting for whom to send what...

[why!!!!!!]

Hi

After reading your thread in barclays as you have now sent your spreadsheet to them i would also send it to the courts.

The court may ask you to send a more detailed particulars of claim later which is in this link http://www.consumeractiongroup.co.uk/forum/bank-templates-library/681-4-particulars-claim-n1.html

Some dont but its worth looking at ready.

Other than that there is nothing else i can see that you are likely to be waiting for.

So sit back and await a court date.

Hope this helps

claire

[YourLocalGP]

OK, thanks Claire

[vmac]

I don't know whether or not to complete MCOL or file an N1.

In either case, regarding interest - what happens now Lloyds have paid 750 ? Does the 8% remain the same ? And the daily interest .. does it start from the day you file the claim and is it the charges only x the daily interest , or the charges + 8% interest x the daily ?

 

Thanks

[Antoniab]

Thanks for this info, Michael. It's great!

 

Antonia

[pennypenny]

Hi can anyone help? I am filling in my POC on MCOL for a claim against MBNA credit card. Are the POC for a credit card the same as the POC for a bank account and if I am claiming contractual interest can I claim the 8% statutory interest aswell?

 

Penny.

[Les1]

Hi

 

Just about to do our MCOL claim, another question about wording of the claim, Someone in another thread suggested using this wording

 

Claimant has account (A/C No) with Defendant from (Date)conducted on their standard terms and conditions. Claimant is claiming the return of money taken by Defendant in charges over 6 years. The Defendant's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. They are also invalid under the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Contracts Regulations 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. Defendant has declined justification of charges despite repeated requests. Claimant claims interest under Sec.69 of the County Courts Act 1984 at a rate of 8% a year from(Date) to (Date) of (£0.00) and also interest at same rate up to the date of judgment or earlier payment at a daily rate of (£0.00).

 

I like this, however, this is quite different to the standard wording as advised on this site, which would you advise using?

 

Thanks

[Michael Browne]

You could use these if you prefer, but you may have difficulty fitting them in due to MCOL's space limitations. |But there is no mention of the amount of charges you are claiming

[Les1]

Thanks, have decided to use suggested wording. Would you mind reading to see if okay please? Need to phone Barclays tomorrow to find out date our account was opened then I think we are ready to send!

 

1. The Claimant has an account xxxxxxx with the Defendant, opened xxxxx 2. Since 15/09/2000 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 and at Common Law. 5. Claimant claims: (a) return of the amounts debited of xxxxxx; (b) Interest per S.69 County Courts Act 1984 of 8% - £xxxx continuing at 8% until judgment or settlement at a daily rate of £0.34; 6. Costs allowed by the Court. Alternatively, if the charges are a fee for a service then they must be reasonable under S15 of the Supply of Goods and Services Act 1982.

Thank-you!

[Michael Browne]

Fine assumimg your charges are around £1545

[Les1]

Our claim is for £1530 of charges & with interest a total of £1869.28. Thanks for taking the time to read & reply, it is reasurring that the wording is okay.

 

Just another couple of questions. After completing the MCOL form we realised we may have calculated the interest wrongly for our Abbey claim which we did using the N1 form. Difference of 5p per day, less than claimed. What should we do? Should we inform the court?

 

We received an Issue of notice form yesterday for our claim. What do we do with this? I have read somewhere on this site that we need to send a copy to Abbey's solicitors, if so how can I find the address, there is no mention of this on the form. Also Abbey has credited our account of £240 (claim is for £1321) despite rejection letter - do we need to inform the court of this?

 

Sorry so many questions, this is all so mind bogling!

[Liani]

Hi Les,

Stick to the wording that you have listed?

Good Luck.

Lianne

 

I have a court date - 23rd July - Scary !!!

[Les1]

Hope everything goes well with for you on 23 July!