** All Mcol Claims Automatically Stayed **

[zootscoot]

All claims issued via MCOL will be automatically stayed once a defence has been lodged.

If no defence is filed you can still go for judgment by default.

Further updates as we get them.

IT IS STRONGLY RECOMMENDED CLAIMANTS FILE THROUGH THEIR LOCAL COURT USING N1.

To see how your local court is approaching stays follow this thread:

Find out here if your local court is staying claims

[zootscoot]

If your claim has been stayed by MCOL you can contact them to request that the case is transferred to your local court. If a request is received MCOL WILL transfer your claim.

Your local court may also order a stay which you may then, if you wish, make an application to lift the stay based on your individual circumstances.

There have been some successes with regards to lifting a stay but also many disappointments. You need to consider your own circumstances as to whether you feel it is appropriate for you to apply to have the stay lifted.

[millymop23]

Hi, this is my first post so i hope i get it right. I am about to reclaim from Capital One and was just wondering if it is still advisable to go through the local court via N1 form or is it ok to use MCOL. The reason i am asking is due to the fact that the above posts were made last year and i am unsure whether the situation has recently changed or not.

Thanks in Advance

[havinastella]

Milly, I would Issue via County court.

Jogs

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[saintly_1]

There has been no change since this was posted infact prior to this being posted we were advising that you go direct to your local county court due to the lenght of the new POC's

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[millymop23]

Ok, thank you both for the quick replies. Any ideas on how much it would cost to go through the courts?? My claim is for £992 including interest

	Are you letting your bank keep your money Are you giving away thousands of pounds?? Many people aren't claiming all of the money they are entitled to when they make their bank charges claims. You have been forced to pay unfair bank charges. Have you forgotten that your bank has charged you inteest on those charges? If you are overdrawn and the bank owes you charges - then your overdraft is made up of charges - money which you bank owes you. Yet you are paying interest to the bank - on your own money!!! Follow this link to see the discussions on this. You might even double th size of your claim.

[havinastella]

Originally Posted by millymop23

Ok, thank you both for the quick replies. Any ideas on how much it would cost to go through the courts?? My claim is for £992 including interest

£65

[Michael Browne]

£65 See here:
http://www.hmcourts-service.gov.uk/c...forms/ex50.pdf

[saintly_1]

Just click on this link http://www.hmcourts-service.gov.uk/i...ees/county.htm

[millymop23]

That's great. Thank you all so much for your help

[KNITTY]

hello- i have also posted this on the general but i think here might be more relevant! I have made a claim online and have got a letter today from northampton court saying "it is ordered following the filing of a defence the claim shall be stayed pending judgement in OFT case. it also says that a party affected by this order may apply to have it set aside, varied or stayed within 7 days.
I take this to mean my claim has been automatically stayed and i have 7 days to have it set aside.(please correct me if i`m wrong)

so...i live nowhere near northampton-i`m outside london and my local court (kingston) is on the list of courts that seem to be taking each case as it comes. should i ask for it to be transferred? or is it too late? (i never knew i could have it heard locally!) would i have to do this within this 7 days also??
apologies for the long post! there are so many questions! its a minefield

	County Court guidebook by Judge Patricia Pearl Follow this link to read the review of this excellent Small Claims Guidebook. This comprehensive and very accessible guide will take you through the process of suing or defending a claim. This guide will help you take control of your litigation and make you more confident about doing it yourself. Applies to England and Wales

[millymop23]

I phoned my local court today to enquire about filing my claim via the courts but was told that it would be stayed anyway. It didnt dawn on me until later this evening that i never actually stated that my claim was for credit card charges and NOT bank charges. Would this make a difference or are all claims being stayed now?? I was under the impression that there was not a hold up with the credit card claims but i may have misunderstood. I could always phone the courts again tomorrow but thought someone on here might be able to help me!

	Bank Charges You should have started your claim for your bank charges by now. Don't wait. You should send your bank a Subject Acess Request asking for all personal data they hold on you - not just statements. You should calculate all of your bank charges and related interest as far back as 1995. You should send your bank a demand for a refund giving them 7 days. You should commence your legal action adding 8% statutory interest. If you wait for the outcome of the test case, you may not be able to claim like this. you may not be able to claim interest. You may only be offered the difference between the charge and the OFT "fair charge". The repayment scheme will try to limit you to refinds from 2001 only. A repayment scheme will not deal with any bank charges related defaults on the credit register whereas in a court action you can ask for these to be removed and to be compensated for the damage caused to you and your family by them. You should also write to the bank and to the CRA and put all charges related credit entries in disupte and warn them that you will want them removed from the Register when the test case is over. Warn them also that you are likely to be seeking compensation for these wrongful data entries. Full and final settlement Have you previously accepted a partial repayment of your bank charges in full settlement? You will still be able to claim the rest of your money back after the Test case is decided. Get all your information back to 1995 and put in your claim now.

[saintly_1]

Creditcard claims should not be stayed as they dont form any part of the oft case

[millymop23]

That's exactly what i wanted to hear.

Thank you Saintly 1, you've helped me out yet again!! x