Urgent Help Required

[Lig24]

Can someone tell me if the below text is correct to start my money claim online. I plan to submit my claim tomorrow then wait. Do I wait 14 days and monitor the claim online for a defence? If a defence has not been entered within that time period have I won?


1. The Claimant has an account ******** with
the Defendant, opened 09/04/2002 2. Since
10/12/04 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 £2873.00; (b) Interest
per S.69 County Courts Act 1984 of 8% -
£151.50 continuing at 8% until judgment or
settlement at a daily rate of £0.63; 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.

help is required on this one guys

[Bigredbus]

Hi Lig

Try to go into a NatWest winning thread and find PoC that person used on MCOL. For your info Cobbetts (NatWest Solicitors) are inciting courts to struck out cases on the basis that the PoC isn't enough descriptive.

Once Cobbetts acknowledges your claim, they have 28 days to file a defence. After 28 days, you can start a judgment by default on MCOL.

[Lig24]

Thanks I will look for the thread.

Your advice is much appreciated.

[Karnevil]

Originally Posted by Lig24

1. The Claimant has an account ******** with
the Defendant, opened 09/04/2002 2. Since
10/12/04 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 £2873.00; (b) Interest
per S.69 County Courts Act 1984 of 8% -
£151.50 continuing at 8% until judgment or
settlement at a daily rate of £0.63; 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.

Swap 6 and 5 over and its fine

BUT - as you do have cobbetts as solicitors and love pretending theres a lack of particulars in this MCOL wording why not consider using the N`1 form and sending your schedule of charges and letters with it? see links below. It costs the same.

[Lig24]

Ok really confused now guys. One of you said it is ok and the other one said it isn't. Do either of you have the POC thread as I can't find it. Really want to file this claim today as the clock is ticking now.

Any more advice would be greatly appreciated.

Thanks

[Lig24]

Is this the thread you were both talking about:

I, the claimant, MrXYZ, have an account, number 000000-00000000, with the defendant which was opened on 21.05.2002. I am claiming the return of money taken by the defendant in the way of charges over the last 4.5 years plus the interest they have levied on those charges. The bank's charges are a disproportionate penalty and therefore unenforceable as they are contrary to common law. Further, as a disproportionate penalty they are 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 then they are unreasonable within the meaning of the Supply of Goods and Services Act 1982, s.15. I have requested the defendant justify their charges but they have failed to do so. The suns claimed are: a.charges of £xxxx, b.overdraft interest of£xxx.xx, c. court fee of £120, d. interest under section69 of the County Courts Act 1984 of £xxx.xx plus £0.xx per day up to day of judgement.

[sarah13]

i would listen to Karnevil. They are always right!!!! and a moderator too!

[Lig24]

Karenevil,

Can I have your comments on whether or not to submit my claim the second way. I think this is clearer but I am not sure.

Thanks in advance.

[sarah13]

the only difference in using N1 is that you can send a copy of schedule with claim but on moneyclaim you dont and this can hold u up further

[Lig24]

I think it seems easier to do the money claim online I just need to make sure the wording is correct as I don't want it struck out on a technicality.

[sarah13]

Originally Posted by karnevil

Swap 6 and 5 over and its fine

BUT - as you do have cobbetts as solicitors and love pretending theres a lack of particulars in this MCOL wording why not consider using the N`1 form and sending your schedule of charges and letters with it? see links below. It costs the same.

follow this advice then- good luck

[Lig24]

OK guys finally have sufficient funds to submit my claim but now very unsure how to do it. I was gonna use MCOL cause it just seems so much easier. If I were to use the N1 form what is different about it and is there a template anywhere that I can use?

When I complete the form what do I do after that? TAke it to my local court or send it somewhere else?