Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number.
Feeling very sick and stupid about this, what a mistake!!!
Can anybody help me or advise me on what I should do now????
Pleeaassseee
Re: very worried now and need advice asap pleeasee
Don't panic, you can't include a list of charges on MCOL, you need to send it in seperately, just reference you claim number on the spreadsheet and covering letter and send 2 copies, one for the court and one for the bank.
Re: very worried now and need advice asap pleeasee
Hi Sazdeagle
If you can post your particulars here we will have a better idea of how to continue. You may be able to amend your claim and send a schedule showing all charges and account number on to the court, but once we see exactly what you did submit we'll know if anything else needs sorting at the same time
Re: very worried now and need advice asap pleeasee
Originally Posted by sazdeagle
I filed my claim yesterday on the money claim site against the Woolwich for £353 and used a given template which is fine, but I now realise that i didn't include a list of charges nor did I put down my account number.
Feeling very sick and stupid about this, what a mistake!!!
Can anybody help me or advise me on what I should do now????
Pleeaassseee
Ok - you can send a copy of your spreadsheet to mcol at the followng address -
The Court Manager
Money Claim Online
Northampton county court
21-27 St. Katharine's Street
Northampton
NN1 2LH
quoting your Claim Reference number on the schedule. Perhaps you can also quote your account number on a covering letter asking that they add the information to your file.Also send a copy of the spreadsheet to your bank.
Hope that helps
Regards Sandbag.
Re: very worried now and need advice asap pleeasee
I used the template given on moneysaving expert site by cut and paste and just entered the amount I was claiming for and the interest. Am trying to paste a copy of this for you now!
Re: very worried now and need advice asap pleeasee
Between the dates of 28/07/04 and 07/10/06 the Defendant applied numerous default charges to the Claimant’s bank account.
2. The charges applied constitute an unfair penalty under the Unfair Terms in Consumer Contracts Regulations, which state: “A term is unfair if it requires any consumer who fails his obligation to pay a disproportionately high sum in compensation”. The amount charged does not reflect the cost of the breach.
3. Under the law of penalties, the charges are an unlawful ‘extravagant’ penalty. Referring to the case of 1896, Wilson v Love, a charge is a penalty if it does not reflect an item’s true cost.
4. Under the County Courts Act 1984, the claimant is entitled to interest at a rate of 8% per annum from the date they were first deprived of the money to the date of this claim. This amounts to a total sum of £28.18 continuing to accrue at the statutory daily rate of 0.021% until judgment or earlier payment.
5. The Claimant therefore asks the court to enter judgment in their favour for the sum of £325 plus interest, amounting to a total of £353.18
Re: very worried now and need advice asap pleeasee
Okay I think you will be okay. Send to MCOL a list of your charges, showing the interestBreakdown, clearly headed with your claim number, name v bank name, and your ACCOUNT NUMBER and SORT CODE. Send it to the bank with a covering letter and to the court (northampton bulk processing address) to be added to your file.
Re: very worried now and need advice asap pleeasee
Agreed,you will find that the staff are very helpful there.
You are not really making a change,it is a simply ommission,and their advice is usually that if it is only 1 thing as opposed to a few,then it should be ok.
I am moving the thread into Woolwich bank group as you now should be more comfy in the knowledge that you can proceed.
If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.Private message facilities are offered for users to communicate issues that are/or could be seen to be inappropriate for posting on the main forum.Site rules explain this in more detail.If you are approached by private message with a view to asking you to visit another website,please inform the site team via the report icon. Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed. Donations help CAG to help YOU Click here
Ok, so I sent the letter as I said I would!! However, the bank must think they're onto a winner as I have recieved a notice today that acknowledgement of service has been filed,and they are putting in a defence for the whole amount, in aaaagghh.
All within 9 days!!!
What happens now? Should I wait for the defence particulars to come through?
Am still waiting for the defence to arrive. In the meantime, has anybody had the bank settle out of court or even lost the battle in court??
Am very nervous still!!!!!!!!!!!
So far Barclays/Woolwich have not made an appearance in Court. They will invariably settle with you in full,usually 7 days before the hearing date.
Dont be nervous, there is absolutely nothing to worry about...you will get all your money back
Preliminary Letter sent to Woolwich 05/06
LBA sent 19/06
Court claim filed 04/07 : Total £824.75
Acknowledgement of Service 27/07
Defence received 08/08
AQ filed 11/08
Barclays AQ filed 05/09
Hearing date 20/12 SETTLED IN FULL £840.49: 14/12/06
Thank you for your kind words of wisdom essjaysea, it's been 14 days today since they acknowledged the claim, so another 14 days to go. Probably be the very last day that I recieve the defence eh! If they don't manage the defence in 14 days time can I go on the claim site and order the money back???
very worried now and need advice asap pleeasee
Reply With Quote
Re: very worried now and need advice asap pleeasee
Originally Posted by sazdeagle
