Couple of Questions on MCOL ** WON**

[The Penguin]

Been working my way through the spreadsheet and MCOL form in relation to my Mum's claim. Just a couple of questions I would please appreciate some advice on ...

 

In the Particulars of Claim it mentions that "I have already sent a schedule of charges to the Defendent and will send another copy". Whilst I have sent a copy of the schedule with the initial claim, the claim has changed somwhat since this as we are no longer claiming the overdraft interest (I was incorrect in assuming that you could claim it all) and have also adjusted some of the charges claim to include a new charge for April 2007 and minus a couple of errors I have now discovered (!!!). Am I still Ok to just carry on with this claim and send a new copy of the schedule out once the MCOL has been submitted? (Incidentally the figure is now lower)

 

Also in the guidance notes it mentions s.15 Supply of Goods and Services Act in the POC - is this something that's included as anticipation of the bank's defence? Would you advise including it anyway even if not mentioned in your claim to date. I have up until now relied on the Unfair Terms in Consumer Contracts .

 

Many thanks to all for your support.

[pinkduchess]

hi penguin - best to stick to one thread so we can keep up with what you've done so far.

 

Any amendments can be made up until you file your claim. After that there is a fee to do this. You could send a Revised Schedule of charges to where you sent your LBA just so they have a copy. But once youve filed you will be dealing with DG & you will be sending them the Schedule which matches your claim anyway.

 

I followed the example for the particulars of claim from this site & quoted both.

[lateralus]

i'll pm you my particulars for another example and

your other question - when you file make sure your schedule of charges is updated to reflect the same total as you are claiming and send you will be sending it to dg when you receive a notice of acknowledgment from the court. here's a link to answer other mcol questions:Getting MCOL Right

[The Penguin]

Thanks for your help and advice everyone. Submitted the MCOL on Wednesday 2nd May and sent covering letter and schedule of charges spreadsheet to add to MCOL.

 

As our spreadsheet is different to that originally sent to Colin and I say in the POC that I will send further details my Mum thinks we should send another copy to Colin Langdale aswell as to the solicitors (when appropriate). I'm reluctant having received advice that we send to the solicitors now anyway as the claim is underway, but also concerned that writing to Colin again when the claim has been issued could complicate things?

 

Would something like below be ok do you think? Or should we just leave it nownd send to the Solicitor?

 

Dear Colin

Re: Account Number:

Your reference :

Please find attached a copy of revised schedule of charges and interest in relation to the above account which have been forwarded with my County Court Claim.

Yours sincerely

[lateralus]

absolutely perfect in every way - sort of like mary poppins!

 

and repeat after my - moms are always right, moms are always right, moms are always right!!!!!!!

i got involved with this site doing the claim for my son - you are doing yours for your mother - aren't we nice!!!!!

wish your mom good luck for me (i'm american and i just don't like that mum business - sounds like a flower to me!)

[The Penguin]

Thanks for that! Shall I send Colin's letter now then to keep him up to date and await the timing on the Solicitor's one?

[lateralus]

yep

[Castlebest]

I always referd to my mom as mom and im not american

 

pete

[lateralus]

probably picked it up watching american sitcoms!

[The Penguin]

Morning! We're now up to point that MCOL been submitted, notice of issue and acknowledgement received. Sent Colin an updated schedule of charges and about to send one to DG Solicitors as advised. Just one quick question - is it correct to send the updated spreadsheet (the simple one) which shows days since charge and interest at 8% as per my claim? Just thinking this is the one I sent to Colin! i think it's all ok anyway so don'y really habe a problem with them seeing how we've come to the total claim figures?

 

Also just had another thought - in the LBA's etc we have put both account holders names (My Mum and Dad) but on the MCOL just my Mum's - think we did this as it asked for individuals details. The account is set up so that either can withdraw money, write cheques etc with just one signature so assume this is OK?

 

Thanks again for your support everyone - helps so much when you're not used to doing these things!

[freakyleaky]

Yes thats fine, send a copy of your original schedule of charges. Simply ammend the daily figure for the 0.00022% since claim was filed and add on any other court fee's you have had to pay.

As you say as long as the account needs either signiture then the one name is fine.

[The Penguin]

Thanks for that. When I have forwarded the spreadsheet to Colin etc I have been maintaining the figures all as at the date we put the claim through to MCOL for consistency on the claim figure though I have said in the POC that interest will be added at the daily rate as I assumed this would then be worked out up to the date (if) any offer is made. Before sending to DG should I therefore work it all out to the date of the covering letter rather than keep it at the figure I sent to MCOL?

 

We have not to date shown the Court cost figure on the spreadsheet but will do so now.

 

Many thanks!

[freakyleaky]

sorry you are right and i am half asleep. Just as long as you stae that interest is accruing at a daily rate of 0.00022%.

Don't put the court costs on the spreadsheet, just make them aware that they will have to pay them.

[The Penguin]

Thanks - think I am half asleep aswell!!

 

Do you think I should amend the covering letter to mention interest per day and Court Costs? At the moment it is only very basic and just mentions that the schedule is attached and within that details are simply charge , date, days since (daye of MCOL claim) and interest.

 

Thanks!

[freakyleaky]

The way I did it was to mention the 0.00022% in the covering letter and to attach a seperate sheet of paper to the spreadsheets listing the court fees.

[The Penguin]

Hi, just looking for a bit more advice please?

 

Following submission on MCOL, we have recieved a notice of issue and notice that Acknowledgement of service has been filed (dated 8th May).

HSBC have completed a box in which they have said they will be defending all of this claim.

 

Including the Bank holiday, we have calculated that the 28 days have now passed since 8th May, yet we haven't received any further correspondence.

 

On MCOL it says status of claim: Defence, and that we are unable to take any further action on-line on this claim and we will receive confirmation shortly about transfer etc.

 

Just wondering if this is normal? We thought we would get detailed info from DG about their defence? is there anything we should be doing eg nudge letters? and should we have recieved details of our local court by now? I first noticed the defence section was filled in on MCOL last week.

Many thanks,

The Penguin and her Mum!

[pinkduchess]

so they've filed their defence - you will get your transfer paperwork to your local court soon - mine took a couple of weeks to come through. This will include a copy of their defence.

 

once this comes you can start with the nudge letters.

 

AQ may be dispensed with but allocation fee may still be payabe. check this out with the loal court once you get paperwork.

 

then its a matter of waiting for directions from local judge.

 

this is all normal

[The Penguin]

Thanks very much

[The Penguin]

Hi - just looking for a bit more advice please?

 

My Mum has now had a letter re transfer of proceedings, with the bit about returning the allocation questionnaire crossed out. Does she therefore have to do anything further at this point? Or are we awaiting a Court date?

 

The defence HSBC has entered is as follows:

1) The Claimants amount is governed by the defendants personal and/or business banking terms and conditions.

2) Pursuant to the Defendants T & C's the Defendant is entitled to make a charge for it's services as set out in the defendant's price list, including an overdraft review fee for considering whether to provide and providing an overdraft.3) The Defendant denies that the charges applied to the Claimants account amount to penalties at common law and /or unfair contract terms for the purposes of the UTCCR 1999.

4) the charges applied to the account are reasonable and are properly and fully disclosed in the Defendants T&C's and published price list. the charges represent the contractually agreed price for teh services provided and the UTCCR's are not applicable to them, alternatively they are not unfair contrary to the UTCCR's. Further the charges are not default charges and accordingly cannot amount to a penalty.

5) Save as set out above, each abd every allegation made by the claimant is denied......

 

Is this a standard sort of defence? just having a panic now incase we've done something wrong!! Wouls appreciate opinions on it!

[pinkduchess]

standard defence.

 

you will hear from your local court in a couple of weeks. AQ may or may not be required. check with court if allocation fee is payable though. Then you can start to nudge Dg - examples in post 1 of both these links

 

When you have filed your AQ................

New---after 28 Days - Maybe No Aq!!!!!!!

[The Penguin]

Many thanks, much appreciated - feel better now!

[The Penguin]

My Mum has today received the following from the Court:

 

General form of Judgement/Order

 

Before Judge......, at.. it is ordered that the Court of it's own motion is considering striking out the defence as an abuse of process on the basis that the defendent has settled all previous claims of this nature.

 

If the Defendent objects to this course of action it is to file at court by 12th July a schedule setting out a list of all the claims it had pursued to trial and all the claims it has settled.

 

This order is made without a hearing under the Court Case Management contained in Civil Procedures Part 3. You may within 7 days apply to the court to set aside or vary the order under part 23 rule 10.

 

Has anyone else had anything like this?

 

Many thanks .

[lateralus]

like this one:

IT IS ORDERED THAT:

1 the Court of its own motion is considering striking out the defence as an abuse of process on the basis that the Defendant has settled all previous claims of this nature.

 

2 If the Defendant objects to this course of action, it is to file at Court by 26th June 2007 a schedule setting out a list of all claims it has pursued to trial and all the claims it has settled.

 

This order has been made without a hearing under the Courts Case Management Powers contained in the Civil Procedure Rules Part 3.

 

You may within 7 days of the service of this order apply to the Court to set aside or vary the order under Part 23 Rule 10.

 

You must file with the Court and serve on the other parties an application that sets out your reasons for your objection. A fee is payable upon the filing of the application. When your objection is received the matter will be listed for hearing unless you ask the Court to vary the order without a hearing.

 

Dated 22 May 2007

 

read more:

Jeneil vs HSBC **WON** (1 2 3 4)

[lateralus]

i'm just toying with you - wanted you to have a chance to read that one -

it's very, very good news indeed! probably the best court direction we see!

it means the judge is fed up with dg (and others) tactics and is telling them to put up or shut up - and they do shut up - and offer!

[The Penguin]

Thank you Lateralus - it does look like good news!!

 

Interesting to read the thread aswell as the order came from Llangefni Court - not far from Caernarfon! LOL at the threads being Welsh ourselves!!

 

Ps - thank you for all your help, hope you are well. Will keep all informed.