Thread: jimbo vs. A & L!

Hi all.

I have sent my preliminary approach and letter before action, had the usual standard letters from A & L about the test case etc, so am now ready to file a claim.

Can somebody tell me why I should be using my local county court, and not MCOL? As I read the post stating you should, and with the template to use, but giving no reason why you should....

Thanks in advance.

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If you look in the top section there is a new POC you should use - it is to long for MCOL

Also all claims through MCOL have been automatically stayed.

Jan

Hi, the POC was the post I was referring to in my original message.... is there not an abbreviated version I could use for MCOL? I understand what you are saying about the MCOL being automatically stayed, but wont that just be the case for my claim in any county court as well?

I used MCOL for my claim against the Abbey last year, and this is what I put (obviously it had some stuff missing due to the limit on the amount of words / characters);

I have a contract with the Defendant bank which is conducted on their standard terms and conditions. I am claiming the return of money taken by the Defendant in the way of charges 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 repeatedly asked the bank to justify their charges but they have declined to do so.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from January 2005 to 26th June 2006 of £***.** and also interest at the same rate up to the date of judgment or earlier payment.

Their solicitor contacted me for the other information involved in the claim, although they had already had it in my preliminary approach and lba, then settled out of court.

Is there anywhere I can download all the forms / information to use in my local county court?

Try the libary section or put a search in on N1 form on the tool bar above - also there is a hm courts website where you can download the forms then post off.

Jan