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I am currently waiting for a refund for approx £4.5k from RBOS, they have until Wed 25th Oct to refund or i'm filing a claim with MCOL.
I currently receive working tax credits & child tax credits so I will be exempt from paying the court costs. Can I still use MCOL if this is the case? If so do I then need to send evidence of this in the post?
Also once the claim is filed on MCOL do you need to post copies of your charges spreadsheet etc to them too? or can you attach this online? I'm sure I'll find all of this out when I try to claim on Thursday but just wanted to be prepared.
Any help would be great!
Oh also - i really dont understand how to calculate interest for this one. Its £4451.76 i'm claiming for - over the last 6 years. If I add interest, will my claim go over £5k and is that a problem? or should I just claim for the £4.5k? thanks again!
He Lynzi,
The interest is seperate so will still be under the £5K. Use the basic spreadsheet in templates library whch will calculate the interest for you. I was in the smae boat as you so made my life easier by filing manually, ie filled in N1 and took it to the court.
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ok great, i've had a look through the FAQ's and found my answer - i cannot go through MCOL if i want to submit an exemption form. I must go to my local court, so'll do that on Thursday if they dont respond by then!
I've used Vampiress spreadsheet - i used the "From claim date with statutory interest" one - and on a claim of £4451.76 its brought up my interest to be £1,374.63 - does that sound right? Its over the last 6 years. I'm so worried i've done this wrong. If anyone would like to have a look at the sheet let me know and i'll email you a copy so you can have a look at it!
The interest part won't take it out of small claims limit of 5k.
It will however take you into the next court fee bracket and for this reason I suugest you put just the charges in the final totals box on the form, and just specify the interest amount in the VALUE section of the claim form.
Sorry to sound thick (again) so in the Amount Claimed put £4451.76 and then in the total amount put £5826.39? And in the value part of the form clearly state that that claim is for £4451.76 plus interest of £1374.63?
Charges: 4451.76
Court Fees: 120.00 interest pursuant to s.69 CCA from XX/XX to XX/XX of 1374.63 and at such rate and for such periods as the court deems just etc etc (pretty much a copy of what you right at the end of the POC_)
otherwise claims over 5k are £250 court fee.
the interest is a variable so can be excluded from the final total on the form.